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Congress, Don't Shield Big Oil From Accountability
As city leaders from across the US gather this week to discuss our collective priorities, let’s reaffirm our commitment to protect access to the courts for all our communities.
Nov 18, 2025
As local leaders from across the country gather in Salt Lake City this week for the annual National League of Cities conference to advocate for the interests of local governments, the challenges of protecting and preparing our communities for the future are clearer than ever. Local governments and their taxpayers are being stretched thin. Between the rising cost of living, increasingly severe weather disasters, escalating maintenance costs, and other expenses, local leaders like us in Colorado, Wisconsin, and beyond are having to make tough decisions about our priorities—and the last thing we need is to have the tools at our disposal taken away from us.
And yet, there is a campaign in Congress right now that aims to do just that.
Goliaths of industry, including pesticide and oil companies, have been lobbying Congress for legal liability shields that would block communities from holding them accountable in court for any of their bad actions. No matter your politics, we should all agree that it’s dangerous and wrong to hand any industry a blanket get-out-of-jail-free card.
Bayer, the maker of Roundup, is asking Congress to put an end to the lawsuits the megacorporation is facing for the health harms its product has caused for years—and some lawmakers are actually pushing legislation that would do so.
Broad legal shields for entire industries would not only threaten local governments’ ability to pursue accountability, but also violate a core value of our justice system.
Similarly, lobbyists for oil and gas companies are lobbying federal lawmakers for a legal shield that could effectively put the fossil fuel industry above the law and block dozens of state and local lawsuits the companies are currently facing for deceiving the public about how their products’ fuel climate change. Municipalities in Colorado, one of our home states, are among the communities demanding that Big Oil companies pay their fair share of the climate costs taxpayers are now facing to adapt to an increasingly severe climate. Like tobacco and opioid companies, fossil fuel companies have long known their products were dangerous, but pushed disinformation to cover up the evidence and protect their profits, while our communities pay the price.
Plainly, our right to access the courts is under attack. Local leaders understand the power that comes from being able to access the courts, which is why the National League of Cities—which represents more than 2,700 cities across the country—has a standing commitment to oppose any federal legal shield that would undermine municipalities’ authority to bring affirmative litigation.
These attacks on our right to access the courts cannot stand. Broad legal shields for entire industries would not only threaten local governments’ ability to pursue accountability, but also violate a core value of our justice system. When bad actors lie to the public and cause harm in our communities, the legal system is supposed to serve as a fair venue—where arguments and evidence are considered—but that system is not possible when you take away our ability to present arguments and evidence at all.
Imagine if Big Tobacco or opioid manufacturers had secured legal immunity from Congress—communities decimated by cancer and addiction would never have been able to fund treatment centers and public health campaigns without first filing accountability lawsuits only made possible through access to the justice system.
As city leaders from across the US gather this week to discuss our collective priorities, let’s reaffirm our commitment to protect access to the courts for all our communities and speak with one voice across party lines to ensure that our congressional representatives do the same.
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Progressives Blast MAHA Report That 'Echoes the Pesticide Industry's Talking Points'
One critic called the report "a slap in the face to the millions of Americans, from health-conscious moms to environmental advocates to farmers, who have been calling for meaningful action on pesticides."
Sep 09, 2025
Health and environmental advocates are hammering a new report issued Tuesday by the Trump administration's Make America Health Again Commission for papering over dangers posed by pesticides and replicating the positions of powerful corporate interests.
According to StatNews, the MAHA report takes a "cautious line" on pesticides, and even includes a section recommending that the Environmental Protection Agency work "with food and agricultural stakeholders... to ensure that the public has awareness and confidence in [the Environmental Protection Agency's] pesticide robust review procedures."
As StatNews noted, this section in particular drew the ire of organic food advocate Elizabeth Kucinich—the spouse of Dennis Kucinich, who served as presidential campaign manager for Trump Health and Human Services Secretary Robert F. Kennedy Jr.—who said that it "reads like it was written by Bayer and Monsanto."
Zen Honeycutt, founder of the pro-MAHA group Moms Across America, similarly told StatNews that "we are deeply disappointed that the committee allowed the chemical companies to influence the report," even as she praised other parts of it.
Public interest advocacy groups, meanwhile, slammed the MAHA report, which they called wholly deferential to major industries.
"The MAHA Commission report is a gift to Big Ag," said Food & Water Watch senior policy analyst Rebecca Wolf. "Its deregulatory proposals read like an industry wish list. The truth is, industrial agriculture is making us sick. Making America healthy again will require confronting Big Ag corporations head on—instead, the Trump administration has capitulated."
Wolf added that the MAHA report lacks "any real action on toxic pesticides linked to rising cancer rates nationwide" and called it "shameful but not surprising" that the report barely mentioned so-called "forever chemicals" contaminating drinking water "while disregarding how elsewhere in the administration common-sense water safety rules are being weakened and canceled."
Sarah Starman, senior food and agriculture campaigner at Friends of the Earth, was even more scathing in her assessment of the report, which she called "a slap in the face to the millions of Americans, from health-conscious moms to environmental advocates to farmers, who have been calling for meaningful action on pesticides."
Like other critics, Starman heaped particular scorn upon the report's section on pesticides.
"Laughably, the report calls the EPA's lax, flawed, and notoriously industry-friendly pesticide regulation process 'robust,'" she said. "This, in spite of the fact that EPA currently allows more than 1 billion pounds of pesticide use on US crops each year, including the use of 85 pesticides that are banned in other countries because of the serious risks they pose to human health and the environment."
The Center for Food Safety (CFS) said that the MAHA report offered "a few crumbs" to health advocates, but was mostly filled with "hollow rhetoric."
George Kimbrell, legal director and co-executive director of CFS, also called out the report's claims about the EPA having a "robust" procedure for approving pesticides.
"There is nothing 'robust' about EPA's regulation of pesticides," he said. "In reality it is the antithesis of robust: it is an oversight system filled with data holes and regulation loopholes, lacking in public transparency, which has instead required decades of dogged public interest litigation to get EPA to do its most basic duties."
Environmental Working Group co-founder and president Ken Cook said that the report made a mockery of Kennedy's past promises to use his power to take on powerful industries.
"It looks like pesticide industry lobbyists steamrolled the MAHA Commission's agenda," he commented. "Secretary Kennedy and President Trump cynically convinced millions they'd protect children from harmful farm chemicals—promises now exposed as hollow."
Cook also took aim at the leaders of the MAHA movement, whom he described as "grifters exploiting the hopes and fears of health-conscious Americans in their quest for power jobs in Washington."
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'Outrageous': New Roundup Is 45 Times More Toxic
"With the new formulations of Roundup, Bayer had the opportunity to make us safer, but it did the opposite," one expert said.
Oct 22, 2024
Facing tens of thousands of lawsuits after it acquired Monsanto, Bayer promised to remove cancer-linked glyphosate from its commercial Roundup weed killers by 2023. But an analysis published by Friends of the Earth on Tuesday reveals that the replacement is even more dangerous.
The environmental group found that many residential Roundup products still do contain glyphosate, and those that don't have replaced it with a chemical cocktail that is 45 times more toxic to human health following long-term exposure.
"With the new formulations of Roundup, Bayer had the opportunity to make us safer, but it did the opposite," Kendra Klein, deputy director of science for Friends of the Earth, said in a statement. "Bayer's willingness to deceive the public and disregard our health as it continues to cash in on the Roundup brand name is outrageous."
"In short, the new Roundup is not the old Roundup—it's worse."
Roundup weed killer was first commercially released by Monsanto 50 years ago. Since then, tens of thousands of people say they have come down with Non-Hodgkin lymphoma after repeated use of the product and its active ingredient glyphosate, which the World Health Organization's International Agency for Research on Cancer says is "probably carcinogenic to humans." Despite the risk, it is so widely used that it has been found in 80% of a test of U.S. urine samples.
"The human toll of Roundup is enormous—tens of thousands of people have lost their lives and their health because of this toxic weed killer," Klein said.
In response to both legal challenges and popular pressure, Bayer announced in 2021 that it would remove glyphosate from residential Roundup sold in the U.S. within two years.
To track how well Bayer kept that promise, Friends of the Earth assessed the Roundup products for sale at Lowe's and Home Depot—the largest home and garden stores in the U.S.—between June and October of 2024.
It found that seven of the Roundup products for sale still contained glyphosate, while the eight that did not used chemicals "of dramatically greater concern."
Bayer has replaced glyphosate with a combination of four chemicals—fluazifop-P-butyl, triclopyr, diquat dibromide, and imazapic—the latter two of which are banned in the European Union. All four chemicals are even more dangerous to health than glyphosate on average following chronic exposure, according to the Environmental Protection Agency's (EPA) analysis of safety studies. The new ingredients have been linked to kidney and liver damage; reproductive, birth, and development problems; and allergic reactions or irritation that impact the eyes, skin, and respiratory system.
While all four are toxic, one stands out: Diquat dibromide is 200 times more toxic than glyphosate and is considered a "highly hazardous pesticide."
The new ingredients also pose a greater risk to the environment. They are, on average, more likely to threaten bees, birds, worms, and fish and other aquatic life. They are also less likely to break down in the environment, and therefore more likely to infiltrate groundwater and pollute rivers and drinking water.
"In short, the new Roundup is not the old Roundup—it's worse," Friends of the Earth concluded in the report.
The environmental group also criticized Bayer for not providing a warning to consumers about the altered ingredients, as well as lax federal law that does not require pesticide makers to alert shoppers when they change the ingredients of a known brand. While pesticide makers do have to list the active ingredients of a pesticide on the container, the average consumer may not be aware of the relative toxicity of these chemicals. A frequent Roundup user is also likely to assume that anything sold under that brand is similarly toxic to products they have used before.
"Drug companies are not allowed to replace the aspirin in a brand-name pain reliever with oxycontin or fentanyl, and for good reason," Friends of the Earth senior campaigner Sarah Starman said. "It is unconscionable that the Environmental Protection Agency allows this toxic sleight of hand and unethical that Bayer is exposing consumers to dramatically greater risks with no warning."
Friends of the Earth called on Bayer to develop safer chemicals and retire toxic brands like Roundup. At the very least, it urged the company to sell the new formulations under a different brand and warn buyers of the new products' health and environmental risks.
Home and garden retailers, the group argued, should also step up by removing all Roundup products from their stores and online catalogs, or at least selling them with clear warnings of the new risks; phase out toxic pesticides; and offer safer and more organic options.
Finally, the group called on the EPA to toughen its regulations by requiring ingredient-specific safety warnings on commercial pesticides, mandating that new formulations be sold under a new brand, and banning chemicals that harm human health and the environment from consumer products.
"Bayer, like other chemical companies, cannot be trusted to protect our health," Starman said. "We need serious reform at the EPA to ensure that the agency does its duty to protect people and the environment from dangerous pesticides."
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