National Law Review: WMC Challenges DNR’s Regulation of PFAS as a Hazardous Substance — In a new lawsuit, Wisconsin Manufacturers and Commerce (WMC), the statewide chamber of commerce, and a local dry cleaning business allege that the state’s PFAS-related policies violate the administrative rulemaking process. The two plaintiffs seek an order that bars the state from adding new hazardous substances without going through rulemaking, a process that can take years.
American Council on Science and Health: The Dirty Dozen List: Science Based Or Agenda Driven? — A recent piece from ACSH analyzes some alarming claims in the annual Dirty Dozen list from the Environmental Working Group (EWG). Not only does the organization misrepresents the USDA data on pesticide residue, it misrepresents pesticides as a whole, suggesting the same levels of certain chemicals that are harmful to insects are harmful to humans—a point the author disproves.
JD Supra: Fifth Circuit Finds Flaws in CPSC Rulemaking on Phthalate Limits Highlighting Another Rulemaking Misstep for the Agency — The U.S. Court of Appeals for the Fifth Circuit held that the Consumer Product Safety Commission failed to appropriately follow the Administrative Procedure Act and provide the public with fair opportunity to respond to a 2017 rule limiting phthalate content in children’s products. It also held that the agency failed to conduct a standard cost-benefit analysis.
Fort Myers News-Press: Study: More Than Half of Florida’s Manatees Have the Herbicide Glyphosate in Their Bodies — A recent study suggests that a majority of manatees in Florida have consumed weedkiller, however a deeper dive reveals the study is rife with inconsistencies. The study focuses on sugarcane as a source of glyphosate, however it doesn’t quantify how much of the chemical was contributed by sugar as opposed to residential development, golf courses, row crops and other sources. The actual study also tested manatees in the state of Georgia, Crystal River and Brevard County, nowhere nowhere near the Everglades Agricultural Area and sugarcane farming.
St. Louis Business Journal: Bayer Won’t Appeal $20.4 Million Roundup Verdict to U.S. Supreme Court — Bayer will not appeal the recent Roundup verdict to the U.S. Supreme Court, instead opting to appeal another 2019 case, which ordered Monsanto to pay $80 million in damages. The company says this is a strategic move, for the latter case represents a better case for review by SCOTUS.