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Heinrich, Booker Push 'No Immunity for Glyphosate' Bill as Supreme Court Weighs Monsanto Case
Sen. Cory Booker said it "will overturn President Trump's executive order that prioritizes pesticide company profits over public health and ensure that people who have gotten cancer from glyphosate can seek justice."
Apr 29, 2026
On the heels of the US Supreme Court hearing arguments in Monsanto Company v. Durnell, Sens. Martin Heinrich and Cory Booker on Wednesday introduced legislation intended to overturn President Donald Trump's executive order mandating production of the highly contentious weedkiller at the center of that case.
"Since my time serving as a City Council member in Newark, I have seen firsthand the devastating harm caused by toxic chemicals in our communities," Booker (D-NJ) said in a statement. "That is why, this week at a rally in front of the Supreme Court, I stood with cancer survivors, activists, and Make America Healthy Again advocates to protest against providing a liability shield to foreign corporations that are poisoning the American people."
"It is why I filed an amicus brief to the Supreme Court supporting Americans who developed cancer after using a toxic pesticide in a case that will determine whether thousands harmed by glyphosate can have their day in court—and why I am a proud co-sponsor of the No Immunity for Glyphosate Act," he added, "legislation that will overturn President Trump's executive order that prioritizes pesticide company profits over public health and ensure that people who have gotten cancer from glyphosate can seek justice in federal court."
Despite Trump's campaign promise to "Make America Healthy Again," he has frequently served the pesticide industry, including by siding with Bayer—which bought Monsanto in 2018—in the case before the high court, and by signing the February order invoking the Defense Production Act for glyphosate, the active ingredient in Monsanto's Roundup.
Specifically, Trump directed US Secretary of Agriculture Brooke Rollins to ensure "a continued and adequate supply of elemental phosphorus and glyphosate-based herbicides." He also noted that domestic producers are required to comply with his order, and under the federal law he invoked, those doing so have broad legal immunity.
Just before Trump's order, Bayer announced a proposed settlement for the tens of thousands of people who say exposure to Roundup caused their cancer. Still, the company and the US Environmental Protection Agency (EPA) continue to claim glyphosate is safe, despite the World Health Organization's International Agency for Research on Cancer classifying it as probably carcinogenic to humans over a decade ago.
The case before the Supreme Court stems from a lawsuit and a resulting verdict in favor of John Durnell, a Missouri man whose blood cancer is in remission after multiple rounds of chemotherapy. The justices' decision could determine whether many others are able to continue pursuing cases against Bayer. Republicans are also pushing to include a "liability shield" for pesticide manufacturers in the next Farm Bill.
Meanwhile, Booker and Heinrich's (D-NM) bill states that "no federal funds may be obligated or expended to implement, administer, or enforce" Trump's glyphosate order, and "any person, or the estate, survivors, or legal representative of such person, who suffers or has suffered physical injury, illness, disease, or death caused, in whole or in part, by exposure to elemental phosphorus or a glyphosate-based herbicide manufactured, distributed, sold, or supplied within the United States, may bring a civil action in an appropriate district court of the United States against any covered entity."
Heinrich said Wednesday that "juries across the country are looking at the evidence and delivering verdicts: Exposure to glyphosate can cause cancer. The Supreme Court cannot and should not allow these verdicts to be overturned."
"My constituents' health and safety comes first. And I will not stand by while President Trump gives immunity to those who put my constituents' health and safety at risk," he added. "That’s why I’m proud to lead the No Immunity for Glyphosate Act, legislation that will restore accountability, uphold court rulings, and protect the health and well-being of families in New Mexico and across the country."
The bill is also backed by Sens. Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), and Peter Welch (D-Vt.). Reps. Thomas Massie (R-Ky.) and Chellie Pingree (D-Maine) introduced companion legislation in February, just after Trump's order. The lead sponsors in the House of Representatives also are working to strip the immunity shield from the Farm Bill and joined Booker at "The People v. Poison" rally outside the Supreme Court on Monday.
The next day, another House Democrat, Rep. Alexandria Ocasio-Cortez (NY), questioned EPA Administrator Lee Zeldin about the immunity shield in Trump's order, as well as his meeting with Bayer's CEO last year and some related internal emails.
"AOC smoked him in there," Drop Site News reporter Julian Andreone said on social media. "Red-handed."
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Bayer Continues Push to 'Close the Door' on Glyphosate Victims at US Supreme Court
"Bayer is intent on preserving its right to harm at all costs—a pursuit the Trump administration is all too willing to endorse," said a Food and Water Watch campaigner.
Apr 27, 2026
As pesticide critics held a "The People v. Poison" rally outside the US Supreme Court on Monday, the justices heard arguments in Monsanto Company v. Durnell, a case whose conclusion is expected to have sweeping implications for cancer patients trying to take on the Roundup maker—now owned by Bayer—in the country's legal system.
The case stems from John Durnell's 2019 lawsuit against Monsanto in Missouri state court, alleging that exposure to the herbicide Roundup—whose active ingredient is glyphosate—caused his non-Hodgkin lymphoma, a type of blood cancer. A jury found that the company failed to warn users of the risks associated with the weedkiller, and awarded Durnell $1.25 million in damages.
Bayer argued before the Supreme Court on Monday that Durnell—and others like him—should not be able to bring such a suit because the Federal Insecticide, Fungicide, and Rodenticide Act preempts state rules for labeling pesticides when the Environmental Protection Agency doesn't require a cancer warning. Bayer and the EPA continue to insist that glyphosate is safe, despite the World Health Organization’s International Agency for Research on Cancer classifying it as probably carcinogenic to humans over a decade ago.
As The Associated Press and Reuters reported, the justices appeared "divided" on Monday, with the AP noting that several "seemed sympathetic to the company's argument that it can't be sued under state law because federal regulators have found Roundup likely doesn't cause cancer. Others, though, grilled attorneys about whether that wrongly stops states from responding to changing research."
Patti Goldman, senior attorney at Earthjustice—which filed an amicus brief in this case on behalf of farmworker organizations—said in a statement that "questions from the justices recognized that the Environmental Protection Agency approves pesticide labels based on the evidence before the agency at a single moment in time, but that evidence can become outdated as real-world exposure grows and scientific studies document resulting harms."
"Federal law requires the manufacturers to update their labels to provide sufficient warnings and directions to protect the public," Goldman stressed, "and state failure-to-warn claims reinforce that obligation—while ensuring children, families, and workers have a path to seek remedies for the harm they suffer."
Other groups that have submitted amicus briefs include Environmental Protection Network—which is made up of former EPA staffers—and the Center for Food Safety, one of the advocacy organizations that joined the rally outside the court. The event was also attended by members of Congress from both major political parties.
"This isn't left v. right—it's right v. wrong," said US Sen. Cory Booker (D-NJ). "Big corporations and their lobbyists have captured both parties, putting profits over our families' health. I've fought Monsanto and Bayer for years, and just filed an amicus brief to the Supreme Court to protect our right to sue them for illnesses caused by their products."
Despite President Donald Trump's campaign promise to "Make America Healthy Again," the Republican recently issued an executive order mandating the production of glyphosate, and the US Department of Justice has sided with Bayer in this case—part of a broader trend of his administration serving the pesticide industry's interests.
"Monsanto Company v. Durnell will have enormous consequences for environmental health litigation," Food and Water Watch legal director Tarah Heinzen said Monday. "Bayer is intent on preserving its right to harm at all costs—a pursuit the Trump administration is all too willing to endorse. This case threatens to close the courthouse doors to the many Americans harmed by pesticides."
Heinzen argued that "should the Supreme Court hold that the Environmental Protection Agency's failed pesticide regulatory scheme preempts state failure to warn lawsuits, leaving tens of thousands of sick Americans without legal recourse, Trump and his industry-dominated EPA will be to blame."
"This high stakes case should be a wake-up call for Congress to act," the campaigner added. "Industrial agriculture's pesticide addiction is poisoning America. Congress must pass the Pesticide Injury Accountability Act to safeguard access to justice for all harmed by toxic pesticides."
As The American Prospect noted Monday in its "three-part series on Bayer's crusade for immunity from Roundup-related cancer claims," the company "is now aggressively lobbying Congress to permanently close the door" on the weedkiller's victims, and managed to get an immunity provision included in the 2026 Farm Bill that advanced out of the US House Agriculture Committee last month.
After joining the rally at the Supreme Court on Monday, Friends of the Earth (FOE) US led a protest outside Bayer's headquarters in downtown Washington, DC, delivering hundreds of thousands of petition signatures are calling on the company to phase out the production of toxic pesticides, including glyphosate and neonicotinoids.
"People are sick and tired of being exposed to toxic pesticides while pesticide corporations shirk responsibility," said FOE senior campaigner Sarah Starman, who spoke at the rally. "Bayer and other pesticide companies should not be allowed to profit from chemicals that threaten our health, harm our environment, and undermine the future of our food system. The hundreds of people who rallied outside the Supreme Court and the 200,000 people who signed comments to Bayer are demanding change."
In the leadup to the arguments before the nation's top court, the Environmental Working Group last week sued the Trump administration at the US Court of Appeals for the District of Columbia Circuit, accusing the EPA of unlawfully delaying its response to an EWG petition seeking stronger restrictions on glyphosate.
"The EPA's silence leaves families in the dark and falls far short of its responsibility to protect public health," declared EWG president and co-founder Ken Cook. "It's time for the agency to stop stalling and do its job."Keep ReadingShow Less
Citing Child Cancer Risk, Lawsuit Targets Trump EPA Over Glyphosate
"The EPA's silence leaves families in the dark and falls far short of its responsibility to protect public health," said the Environmental Working Group's president.
Apr 21, 2026
Just days before the US Supreme Court is set to hear arguments related to glyphosate's health risks, the Environmental Working Group on Tuesday sued the Trump administration for unlawfully delaying its response to an EWG petition seeking stronger restrictions on "the most widely used herbicide in the United States and globally."
The filing at the US Court of Appeals for the District of Columbia Circuit calls out the US Environmental Protection Agency (EPA) for failing to act on evidence that glyphosate, the active ingredient in Monsanto's Roundup, "is exposing infants and young children to harmful levels through everyday foods."
EWG and its co-petitioners filed a formal administrative petition under the Federal Food, Drug, and Cosmetic Act in 2018, during President Donald Trump's first term, and amended it the following year. They want the EPA to revoke or modify the glyphosate policy for oats, so it's stricter, and restrict its use as a pre-harvest drying agent.
"Congress required EPA to ensure that pesticide residues in food are safe, with particular protection for children," the new filing states. "Yet, more than seven years after being presented with substantial scientific evidence that the current tolerance for glyphosate in oats may not meet that standard, EPA has failed to make any final, reviewable determination."
EWG president and co-founder Ken Cook declared in a Tuesday statement that "parents shouldn't have to second-guess whether everyday foods like cereal and snack bars are putting their children at risk of cancer."
"The EPA's silence leaves families in the dark and falls far short of its responsibility to protect public health," he continued. "It's time for the agency to stop stalling and do its job."
The World Health Organization's International Agency for Research on Cancer classified glyphosate as "probably carcinogenic" to humanity over a decade ago, while the EPA has repeatedly claimed that it is not likely to cause cancer in humans despite mounting research, the recent retraction of a landmark study on the pesticide's supposed safety, and legal battles between patients and Bayer, which bought Monsanto in 2018.
Next week, the nation's top court is set to hear arguments in a case that, as EWG warned Tuesday, "could have sweeping implications for whether farmers and consumers can keep pursuing lawsuits for harms linked to glyphosate, and whether states can require warning labels on glyphosate products."
The Wall Street Journal noted Monday that while the company continues to insist on glyphosate's safety, it "wants anyone with a claim to join the settlement" negotiated with a team of lawyers representing around 40,000 claimants that "would bring Bayer's total price tag to resolve the Roundup litigation to roughly $22 billion."
Despite Trump and Health and Human Services Secretary Robert F. Kennedy Jr.'s campaign promise to "Make America Healthy Again," the administration has notably sided with Bayer in the case before the Supreme Court, and the president in February even issued an executive order mandating the production of glyphosate.
"If anyone still wondered whether 'Make America Healthy Again' was a genuine commitment to protecting public health or a scam concocted by President Trump and RFK Jr. to rally health-conscious voters in 2024, today's decision answers that question," Cook said at the time. "It's a shocking betrayal to all of us but especially the people who live and work near farm fields where glyphosate is used."
Still, EWG is plowing ahead with its legal action, arguing that "the EPA has a clear legal duty to act on this petition, and it has simply refused to do so," as the group's general counsel and COO, Caroline Leary, put it. "This kind of delay has real consequences for families who rely on the agency to ensure children are not exposed to toxic farm chemical residues like glyphosate."
"This is exactly the kind of situation where courts are meant to step in," Leary added. "The EPA cannot avoid its responsibilities simply by doing nothing."
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