California Supreme Court Denies Review of Monsanto’s Challenge to the Listing of Glyphosate, the Roundup Chemical, as Known to the State of California to Cause Cancer Under Proposition 65

On August 15, 2018, the California Supreme Court denied review of the Fifth District Court of Appeal’s decision upholding the listing of the primary chemical in Roundup weed killer, glyphosate, as a chemical known to the State of California to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986, known as Proposition 65.  Monsanto, the manufacturer of Roundup, challenged the listing as unconstitutional, claiming that the statutory provision relying on the expertise of international cancer experts violated the California Constitution by unlawfully delegating legislative functions outside the State, among other arguments. The Court of Appeal rejected these challenges, applying well-established doctrine.  Monsanto asked the California Supreme Court to review that decision, claiming that  the decision raised issues of statewide importance regarding good governance.  The California Supreme Court voted to deny the petition for review, ending this challenge, and leaving the listing in place.

Altshuler Berzon attorneys represented the United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, and Environmental Law Foundation, organizations that intervened in the case along with other environmental groups to assist the State in defending its action listing this chemical as known to the state to cause cancer.

You can read the Fifth District Court of Appeal’s decision here.