CFS et al v. EPA Reference : 20-70801 // 20-70787 Complaint date : March 20, 2020 Status : Final judgment Place of jurisdiction : United States, San Francisco Plaintiffs types : Environmental NGOs, Farm/rural workers, Health/Food groups, Farmers Plaintiffs names : Center for Food Safety (CFS), Beyond Pesticides, Rural Coalition, Organización en California de Lideres Campesinas, Farmworker Association of Florida Defendants : EPA Lawyers for Health and Environmental Justice : George Kimbrell, Ryan D. Talbott, Amy van Saun, Sylvia Shih-Yau Wu Case nature : Administrative Type(s), Product(s), Active substance(s) : Glyphosate, Herbicide Requests : Review the order of the United States Environmental Protection Agency (EPA) approving the interim registration review decision for the herbicide glyphosate (the Interim Registration). (January 22, 2020, EPA Docket No. EPA-HQ-OPP-2009-0361). Name of the Court : Court of Appeals for the Ninth Circuit of San Francisco, United States Jurisdiction level : Decision date : June 17, 2022 Decision nature : Positive Decision content : The Court of Appeals concluded that EPA failed to adequately assess whether glyphosate could cause cancer, and failed to meet its obligations under the Endangered Species Act (ESA). It orders EPA to reconsider its 2020 finding that glyphosate posed "no health risk to people exposed to it by any means." Legal basis : Court Ruling : Link to the ruling Summary : CFS and a broad coalition of farmworkers, farmers, and conservationists, file a federal lawsuit against the EPA over its January 2020 re-approval of glyphosate. On Dec. 17, 2020, CFS files the opening arguments and evidence, showing how EPA ignored glyphosate's health risks, including cancer risks, to farmworkers and farmers exposed during spraying, disregarded glyphosate's ecological impacts and failed to account for the costs to farmers from glyphosate-resistant "superweeds" and off-field drift damage. On May 18, 2021, EPA seeks partial voluntary remand of its Interim Decision, specifically of the portions of the Interim Decision that do not relate to its conclusions on human health risks or the usage and benefits of glyphosate. This remand would include the Agency’s analysis of the ecological risks and other potential costs associated with glyphosate and EPA’s weighing of such risks against the benefits of glyphosate. The remaining challenges in this action, should EPA’s motion be granted, will be to EPA’s human-health risk analysis and the lack of ESA consultation. EPA also seeks such partial remand without vacatur of the interim risk mitigation measures specified by the Interim Decision. On Jan. 10, 2021, attorney Amy van Saun presented oral arguments in the lawsuit. The three-judge panel seemed inclined to agree the agency may have not taken into account all the available information in making its 2020 decision, but also seemed coy about removing all glyphosate products from the market. The CFS application is joined with similar applications by the Natural Resources Defense Council (NRDC) and the Pesticide Action Network North America (PANNA). On June 17, 2022, the Court of Appeals issued a joint response, upholding the plaintiffs' claims that EPA failed to adequately assess whether glyphosate could cause cancer, and failed to meet its obligations under the Endangered Species Act (ESA). The federal appeals court calls EPA's analysis of glyphosate "flawed," and orders EPA to reconsider its 2020 finding that glyphosate posed "no health risk to people exposed to it by any means." Scientific references : No scientifice reference for this case. Related links : Petition For Review Farmworkers and Conservationists Sue EPA for Re-Approving Monsanto Cancer-Causing Pesticide CFS' opening arguments and evidence, 12/17/2020 Farmworkers and Conservationists Ask Court to Remove Monsanto's Roundup from the Market EPA motion for partial remand, May 18, 2021 Ninth Circuit primed to force EPA to take closer look at herbicide Stream the recording, hearing on Jan. 10, 2021 "Major victory": Court orders EPA review of glyphosate's cancer and endangered species risks 'Major Victory': Court Orders EPA Review of Glyphosate's Cancer and Endangered Species Risks Federal Court Rejects Glyphosate Registration Decision Because EPA Ignored Cancer Risks, Endangered Species Risks US must re-examine risks of glyphosate, key Roundup weedkiller ingredient U.S. agency ordered to reassess glyphosate's impact on health, environment 9th Circuit smacks EPA down on glyphosate La Cour rejette une conclusion selon laquelle le glyphosate est sans risque pour la santé