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Transcript of EWG podcast 'Ken Cook Is Having Another Episode' – Episode 59
Two major battles over pesticide policy are unfolding at the federal level, and the stakes couldn’t be higher.
The dispute: Can states protect their citizens from pesticide harms beyond what federal law requires, or will that authority be stripped away? These are the urgent questions that a pending Supreme Court case and a fight over the farm bill could play major roles in answering.
The chemical at the center of all of this? Glyphosate, the active ingredient in Roundup and the keystone product of the Bayer-Monsanto corporation. Critics of the controversial weedkiller link it to a number of health harms through exposure.
To help unravel the legal docket, EWG co-Founder and President Ken Cook is joined by Chuck Benbrook, Ph.D. He has worked on pesticide issues in roles during the Carter administration, for Congress and with the National Academy of Sciences, and has served as an expert witness in many of the cases he and Cook discuss.
Benbrook is urging the Supreme Court to preserve the right of states to hold pesticide companies accountable when federal regulators fall short.
Disclaimer: This transcript was compiled using software and may include typographical errors.
RoundUp Ad Voice: Weeding again, hey Bob?
Bob: Huh?
RoundUp Ad Voice: Why not do it once? Do it right?
Bob: Why is your head in the ground?
RoundUp Ad Voice: I'm gonna watch Roundup kill these roots.
Bob: Hey, this is Spike's area.
RoundUp Ad Voice: Bob… Roundup can be used where kids and pets will play and breaks down into natural materials. Since Roundup kills the root, what's not coming back, Bob?
Bob: The weed.
RoundUp Ad Voice: You betcha. Bob, come on down and take a peek.
Bob: Can I squirt one?
RoundUp Ad Voice: Sure, Bob.
Ken Cook: Hello there. I'm Ken Cook and I'm having another episode. And this is an episode that's happening during glyphosate week, which is the end of April, beginning of May. It's glyphosate week for two reasons. There are two major battles that unfolded this week around this weed killer made by Bayer. One major battle took place in the Supreme Court.
And that's what we'll focus on with my guest today Dr. Charles Benbrook, who is a long time student, an expert in the field of pesticide policy, and has also been, uh, very deeply involved in some of the court cases that the Supreme Court is considering a measure to overturn. And we'll get into that. It's, um, it's, it's really directly relevant to a lot of what we've been talking about with respect to how decisions are made on pesticide policy and toxics policy generally, and how the Trump administration has time and again, taken the side of pesticide and chemical companies.
And this is, no, this is no exception. But the other thing that happened just this morning, and I'm talking about April 30th, took place in the House of Representatives. There was a move by the House Agriculture Committee in their Farm Bill. They put a provision in that would've blocked liability for Bayer and other pesticide companies in state court, and would also have taken away some of the ability of states just basically to protect their citizens beyond what EPA does.
You may have heard of this flood of litigation against Bayer, formerly known as Monsanto, with respect to this weed killer glyphosate — trade name is Roundup — the flood of litigation because thousands and thousands of people have gone to court and claimed that glyphosate contributed to non-Hodgkin's lymphoma, a kind of blood cancer that many people have come down with.
It's a, not an epidemic, but it's a, a serious disease that's growing in this country, and glyphosate has been fingered as one of the likely causes. So the House of Representatives weighed in on behalf, at least the House Agriculture Committee weighed in on behalf of Bayer and Monsanto and put this in their Farm Bill — brought it to the house floor.
We'll probably have another session on this topic too — brought it to the house floor — and it was challenged. First by Democrats, Chellie Pingree and Jim McGovern. Then challenged by Chellie Pingree and Thomas Massey, a Republican of Kentucky. And then, most notably challenged by Republican Congresswoman Luna from Florida.
And she stood up to the Trump administration, to the House Agriculture Committee, to Big Ag, to MAGA, to basically the powers that be in chemical agriculture and said, no, I am not going to vote and allow a measure in the Farm Bill to block liability for people who want to go to court, who believe that Roundup this chemical has caused their cancer or other harms.
So she stood up, an amendment. She got lots of grief from Republican leadership, lots of grief from the Republican dominated agriculture committee that voted overwhelmingly to put this amendment into the Farm Bill — against overwhelming opposition from Democrats on the agriculture committee. She went to the floor, and she got 73 Republicans to vote along with hundreds of Democrats to strip this language out of the bill.
And the final vote was overwhelming, a landslide, that stripped this Bayer, Trump administration, big Ag provision out of the Farm Bill, so that liability would not be blocked against people who were seeking justice in the courts. So it's an extremely important week in pesticide policy, an extremely important week with respect to the politics around MAHA, which we've been talking about quite a bit.
The fundamental question was, can states protect their residents from pesticide harms beyond what federal law might require, or the federal agency in charge EPA dictates, or will that authority be stripped away? And at least we know now from the vote in the House of Representatives this morning, that will not happen as part of the Farm Bill.
So the chemical, again at the center of all of this is called glyphosate, the active ingredient in the herbicide roundup and other herbicides. And the stakes really couldn't be higher because human lives are at risk. They have been at risk, and human lives have been lost. So before we get into the episode, I wanna give some context on two things.
What does preemption mean and what is happening at the Supreme Court? Preemption is a legal doctrine that says, when federal law and state law conflict, federal law wins. In the pesticide context, the question is, if the EPA approves a pesticide and sets the language on its warning label, can a state court still hold a company liable for failing to warn consumers about health risks like cancer — risks that aren't mentioned on that federal label?
And EPA is very good about not mentioning on their label when pesticides might be linked to cancer. Instead, preferring, which is exactly what the pesticide makers prefer, that they make adjustments to how the pesticide might be handled or changes to instructions to farm workers or farmers put on gloves, change the time when you apply it, don't do it when it's too windy.
Soft changes like that rather than just coming right out and saying, “Hey, this stuff is carcinogenic.” Now, Bayer, which acquired Monsanto in a very controversial acquisition some years ago, they argue the answer is no. Since the EPA approved roundup and didn't require a cancer warning, Bayer says, the states have no business second guessing that through lawsuits or allowing litigation that second guesses that.
This is the preemption argument, federal regulatory approval essentially shields them from state liability. The case before the Supreme Court involves a plaintiff named John Darnell, one of thousands of people who claim Roundup's active ingredient glyphosate caused their non-Hodgkin's lymphoma. The Supreme Court asked the Trump administration to weigh in.
It sided with Bayer. It said, sure, we'll weigh in — their message, EPA approved the label — case closed no matter who got sick. A large group of state attorneys general, including some Republicans from red states, disagreed saying states have always had the right to hold companies accountable through their courts, regardless of what a federal label might say.
At the same time, as I mentioned, Congress was debating attaching a preemption provision to the Farm Bill and that was defeated, today. Glad to announce that. To walk us through all of this. I'm joined by Dr. Chuck Benbrook, a longtime colleague and one of the foremost experts on pesticide policy in the country, and specifically one of the foremost experts on glyphosate.
Chuck has worked on these issues from the halls of Congress to the Carter administration to the National Academy of Sciences, and he served as, as an expert witness in many of the cases, like the ones we're discussing today.
Dr. Benbrook recently submitted a formal scientific and legal argument known as an amicus brief to the Supreme Court, urging the justices to preserve the right of states to hold pesticide companies accountable when federal regulators fall short, and boy, do they fall short time and again. There's arguably no better person on the planet to walk us through how we got here, what's really at stake, and why the next few weeks could determine the future of pesticide accountability in this country for a very long time.
Not just glyphosate, not just this one pesticide, but the basic ability for people to hold these pesticide companies accountable. Chuck, welcome to the show and thanks for joining me.
Chuck Benbrook: Well, looking forward to it, uh, Ken. But first, uh, thanks for, uh, inviting me onto the podcast. It's a great honor, and I, I think I would be remiss not to share with your listeners, um, the, the day I first met you, I was, uh, working in the new executive office building for the Council on Environmental Quality in the Carter administration.
And you were a stringer for the Journal of Soil Water Conservation.
Ken Cook: That's correct.
Chuck Benbrook: Uh, a, a young reporter trying to scrape out a living at, uh, 25 bucks a piece, uh, for, uh, an article. And, uh, you called me up and said, I understand you're involved in this Resources Conservation Act implementation, that that was an issue for you and the journal.
And I said, yes, said, well, can I come talk to you? I said, sure. So you set at an appointment and you came into the building and back then they called you upstairs and you came down. And so I came down to meet my, uh, my soon to become very good friend Ken Cook, and greeted this guy in Birkenstocks without socks, white shorts, and a white t-shirt. I'll never forget it.
Ken Cook: Right. That was, that was a, a official journalistic garb for me back then. And, uh, it, it, uh, it served me well. I got a lot of scoops in that as I was writing that column for a decade or so, I can't remember. Max Schnat, the great editor of that journal, yeah, you can let me have my way. But yeah, I remember, I remember that very well.
Chuck Benbrook: It's been a, a, a wonderful friendship and a, and a wonderful journey in a lot of ways, and, you know, it's kind of a journey that feels like maybe things are turning around a little bit,
Ken Cook: Fingers crossed.
Chuck Benbrook: But where did all of this, uh, tension about glyphosate come from?
Well, a couple things that, that, that stand out. A, as you know, and most of your listeners know, glyphosate is a broad spectrum herbicide, and pretty much anything that is green and growing, if you spray it on it, it kills it. So, before the advent of genetically engineered crops that, that were genetically modified to tolerate glyphosate being sprayed on them, farmers could only use glyphosate before their crop came up, or they, they sprayed it on their crop. They'd kill the weeds and the crop, or it could be used at after the harvest to kind of clean things up and get a field ready for the next year. So the, the agricultural market for Roundup herbicides, which came on the market in ‘74, was quite limited by the very way that the product worked.
Until 1996, the year that the first genetically engineered, so-called Roundup ready crop came on the market, which was Roundup ready soybeans and roundup ready cotton. These new technologies which require genetically engineering the seed to express a gene that allowed the soybean plant and the cotton plant to go ahead, spray Roundup on me, “I, I'm, I'll be just fine.”
Ken Cook: “We love it. We love it.” Yeah.
Chuck Benbrook: “We love it.” Yeah. Yeah,
Ken Cook: Yeah.
Chuck Benbrook: That technology, it worked very well. And it came along at a time when farmers were super frustrated and pissed off about all the problems that they were having with weed control. The products on the market at the time, they were having to spray three or four different ones to control different weeds.
There were lots of bad interactions between the herbicides. They were spending more and more money. A lot of the herbicides were persistent in that they carried over, and if the farmers didn't watch it, they'd spray the herbicide and control the weeds in the soybean year of the rotation, but they'd end up screwing up the corn that was planted the next year.
So there were, there was a lot of problems with weed management. It wasn't working well. It was complicated. And the costs were going up. So when this Roundup ready system came along, which couldn't be easier, you just couldn't screw it up, it was such an easy system to do well because you pay the extra money for the seeds that had the trait, and then you plant your Roundup ready soybeans, and then when the weeds come up, you just spray Roundup and it kills all the weeds.
Ken Cook: Yeah. And well into the growing season, if you needed to it, the, the, the corn could be this high, the soybeans and, and you could take care of the weeds. It, it helped farmers a lot. I, one, farmers used to tell me all the time that they couldn't have made their operations bigger, which they wanted to do to generate more revenue, they couldn't have done that if Roundup ready technology had not come along and made that vital planting operation so much faster and simpler.
Chuck Benbrook: So starting in 1996, as this, uh, GMO crop revolution unfolded like, you know, a tsunami over American agriculture. It changed EWG, it changed what I was working on.
Ken Cook: Totally.
Chuck Benbrook: I got sucked from working on pesticides to working on genetically engineered crops. The foundations moved all their money, as you remember.
Ken Cook: Yep, yep.
Chuck Benbrook: And the sales of, of Roundup just took off like a, a rocket from 1996 until about 2005 or six, Roundup moved closer and closer to the most heavily applied pesticide in the country.
But around 2005, 2006, it passed atrazine and became number one.
Ken Cook: Another prominent weed killer. Yeah.
Chuck Benbrook: Another corn herbicide, but had some major growth still in it. And it peaked about 2015 and at that point there was about three pounds of glyphosate applied in US agriculture for every, every pound of atrazine.
So not only had it become number one, but it passed it threefold.
Ken Cook: Yeah.
Chuck Benbrook: It was by far the most heavily applied pesticide ever in history in the world. Around 2015, there was enough glyphosate applied in the United States to spray three quarters of a pound of the active ingredient on every cropland acre in the country.
And globally it was about two thirds of a pound. So you just wrap your mind around it.
Ken Cook: Yeah. I don't think I've ever, maybe I've shared this story with you. I, I talked to an editor from a, an agricultural trade publication around the 2005, 6, 8 period there, and, um, asked how things were going. And this person said, well, it's, it's pretty tough because we're losing advertisers.
And I said, well, why are you losing advertisers? And she said, well, we used to have all these pesticide companies, weed killer companies buying ads in our magazine. And that kept us afloat. But once Roundup came along and it was so universally used relative to anything else, the ad flow stopped from the other companies 'cause they just kind of gave up. So even, it even affected journalistic coverage of agriculture and the ability to do that. Incredible.
Chuck Benbrook: Of course. So I started my work in the pesticide world in 1981 when I took the job as the staff director of the DORFA subcommittee. And at that point, there were 23 pesticide companies that had Washington reps that came and lobbied young staffers like me.
23 of them. And now there's four left.
Ken Cook: Yeah.
Chuck Benbrook: So the, the concentration in the industry is a huge issue. So the use of glyphosate just took off like a rocket starting in 1996. But not only did the agricultural use go up, but there was continued growth in the lawn and garden, forestry, government arena, industrial arena, because Monsanto recognized that there were lots of other markets where they could sell Roundup, and in particular the home and lawn and garden markets, so people that would buy it at Walmart or Lowe's or Home Depot and spray weeds in their, you know, their driveway or in around the yard or…
Ken Cook: Yeah, playgrounds.
Chuck Benbrook: Or plant a garden. So you gotta kill the grass before you till the soil, so you spray Roundup. So Monsanto aggressively went after those markets with great success and had they had specially formulated versions of lawn and garden Roundup.
As the diversity of uses of Roundup expanded incrementally, but over 20 years, there were so many different ways that people were handling the product, spraying the product, and so many different ways that people were being exposed to the product.
Ken Cook: I have to remind you here, I was invited by one of the pesticide trade associations to address their annual conference, uh, because in their, by the early to mid 1990s, EWG was very much on their radar as a, a problem in pesticide policy.
And I reminded the audience of a Monsanto commercial at the time where someone dressed as if ready to go to the airport, and that was the plot line of the commercial, a TV commercial, leaned out the window of the taxi cab, and sprayed Roundup on his driveway and sidewalk to kill the weeds, and then just brought the Roundup bottle back into the cab and off they went.
And that's just how safe and easy it was. I don't know if we could ever find that ad, but they pushed it very hard and they brought modern marketing to bear.
Chuck Benbrook: Yeah. All throughout this period of when Roundup use was going up, glyphosate use was going up so much, the percentage of the total glyphosate sales represented by Ag versus the non-Ag market stayed roughly the same around 10%.
The Ag went up fast and the non-Ag stayed 10%, but it grew because the other was growing.
Ken Cook: Yeah.
Chuck Benbrook: In the last 20 years, Monsanto has made almost as much profit from the 10% of glyphosate they've sold into the lawn and garden market as the 90% that they've sold to agriculture. So what does that tell you? Well, they're obviously marking up the glyphosate much more.
It's a lot of packaging, a lot of promotion. And you know, somebody goes into Home Depot to buy a, a, you know, a gallon of ready to use glyphosate. They're not that concerned if it costs 19 bucks or 22 bucks, they know it's gonna last for quite a while and they want to control their weeds. So Monsanto was, has always been able to profit, uh, much more significantly from the lawn and garden market, but yet they never did any focused research on the exposure patterns and risks that were unique to that market.
Ken Cook: That gets us to Dwayne Lee Johnson, I think, doesn't it?
Chuck Benbrook: It absolutely does. So there's two major things that happened that brought glyphosate into the middle of this massive increase in the use and diversification of the ways that it was being used, and the ways that we were all exposed to it, including this crazy idea to start spraying it on a wheat crop two weeks before harvest.
RoundUp Ad: Yeah.
Chuck Benbrook: The so-called pre-harvest use — that you and EWG are finally, I think, going to have some success in ending. Thank God. That's half of it. Then the other half is that in March of 2015, the International Agency for Research on Cancer, which is part of the World Health Organization issued a very unexpected classification of glyphosate and glyphosate based herbicides, which would include Roundup as a probable human carcinogen.
Ken Cook: Yeah.
Chuck Benbrook: This came out of the blue. People, including me, were shocked 'cause we had followed the toxicity data and the EPAs human health risk assessments on glyphosate and, and, you know, glyphosate looked a, about as safe as any herbicide that had ever been registered and now all of a sudden IARC is saying it's a probable human carcinogen.
That's what triggered the interest among tort lawyers out there, and IARC said that the evidence was strongest linking Roundup to non-Hodgkin's lymphoma. So people that had non-Hodgkin's lymphoma and had been using Roundup for 20 years, they said, “Hey, geez, I wonder if the Roundup contributed to my non-Hodgkin's lymphoma.”
And so they talked to a lawyer, do I have a case? And indeed they did. And Dwayne Lee Johnson, the groundskeeper for the Bonita school district just a little north of where you live, Ken.
Ken Cook: Yeah, that's right.
Chuck Benbrook: I believe it was either six or seven school campuses that he was responsible for controlling weeds and other pest control activities.
So he probably spent more time spraying Roundup than almost any other specific task in his job. And in his years of doing that, he had two very serious exposure episodes where he really got dosed. That's why his non-Hodgkin's lymphoma came on in only four years after the exposures. Usually non-Hodgkin's lymphoma has a longer latency period, but those were the two events.
The International Agency for Research on Cancer, carefully going through the data and explaining why in their judgment and based on their classification system, the evidence now supports the fact that glyphosate state-based herbicides probably cause cancer. Yeah. Well that, that's what triggered the initiation of the litigation.
Ken Cook: That was a case that was brought in state court right here in the state of California. The ruling came down in in his favor. And for most of these cases where it was in favor of the plaintiff, the initial amounts, the penalties or the settlements that were announced have been reduced by, over the course of appeals and reviews and so forth.
But it was very substantial. And on top of that, um, it, it was pretty clear that there would be many more such cases, and that has turned out to be in fact what happened.
Chuck Benbrook: Yeah, so the, the Roundup non-Hodgkin's lymphoma litigation ha, you know, has dwarfed any past pesticide litigation in the history of the US by multiple orders of magnitude.
And in fact, Ken, I think the only mass tort litigation that's involved more overall settlements would be asbestos. I mean, it's,
Ken Cook: Yeah, probably, yeah,
Chuck Benbrook: There's been about a 110,000 cases that either, the vast majority of course, have settled there. There's only been like 32 trials, in 11 years. It takes a lot to get through all of the hurdles to actually have a trial.
And Bayer Monsanto has not wanted to go to trial, because that's when they're vulnerable to, what's called a punitive damage award. So Lee Johnson, who, he had pretty strong evidence that his massive exposures to to Roundup caused his non-Hodgkins lymphoma.
And he had actually called the one 800 number on the bottle to talk to Monsanto physicians went after he'd been diagnosed and he asked them, is it safe for me to go back and continue to spray Roundup even though I've been diagnosed with non Hodgkin's lymphoma? And guess what they said?
Ken Cook: Yeah, no problem Lee.
Chuck Benbrook: Yeah, your use of Roundup had nothing to do with your cancer, when they knew that it probably did.
The jury was so convinced that Monsanto's behavior was unacceptable,
Ken Cook: And that resulted in punitive damages on top of, uh, other damages
Chuck Benbrook: $250 million for one man.
Ken Cook: So you were part of that legal team as an expert witness, that, that helped Johnson's legal team succeed in that case. And another person who was part of that legal team is our current Secretary of Health and Human Services, Robert F. Kennedy Jr., and he shared in the proceeds of the settlement, the share that went to the lawyers. Don't know how they divided it up, it's not been made public, but this was a case that he was integrally involved in.
And at, if you look back at the time, he made some very strong statements as he's mostly continued to make ever since about the importance of dealing with the threat that Roundup poses to human health, not just Mr. Johnson's, God bless him, but lots of other people. And he recruited people as well to bring similar cases as I understand it, uh, in other venues.
Chuck Benbrook: Let's also remember what else was going on at this time.
Bayer really wanted to buy Monsanto, either wanted to merge or acquire Monsanto, and that was actually coming to fruition in early 2018. The Lee Johnson trial started, I believe in March and concluded in May. Yeah. And the acquisition, the $63 billion check that Bayer wrote to buy Monsanto occurred right before that trial started, and at the time when Bayer wrote that $63 billion check to buy Monsanto and all of its liability, there were already 4,500 cases had been filed.
Ken Cook: Yeah.
Chuck Benbrook: So Bayer knew that it was going to be a significant body of litigation. I think it's, it's fair to predict that the Monsanto folks told the Bayer people, oh, this is just BS litigation. The science isn't there. We're gonna, we'll win the first few cases and it'll all go away.
I mean, there's no way that Bayer would've gone through with the acquisition.
Ken Cook: You wouldn't think
Chuck Benbrook: Unless they did believe that,
Ken Cook: You know, you, you wouldn't think, and back in around, right. At that time, I had some, some folks I was talking to with Bayer, based in Europe. And if you leave out the Monsanto conversations, Bayer was beginning to take much more seriously developing low risk, organic compliant, even pesticides of all kinds of different kinds.
They had an investment in a facility here in California to do it that I was proud to, to view. And the thought that a major player like Bayer would be weighing in, in a way that would be beneficial because of less toxic, maybe less immediately effective, as is often the case, but less toxic weed killers and other pesticides.
And I remember saying to them, when I heard that they might be buying Monsanto, I said, look, I don't know all the financial considerations or the market considerations, but what I will tell you is what I mostly know about Monsanto beyond what I know about, uh, what's happened with, with Roundup, is what they did with PCBs.
'Cause I have a member of my board from Aniston, Alabama, and we worked with him in the years before when Monsanto knew and lied about, hid from their community in Aniston what PCBs were doing to the community of Aniston, particularly a, a poor community that wasn't entirely African American, but, but largely African American.
And my current board member, David Baker, was the guy who pushed back against Monsanto, led the charge in the community, brought Johnny Cochran to town, had thousands of people lined up and got a huge settlement, the largest settlement at that time, based on fundamentally civil rights law, that they had violated the civil rights of that community.
And they, I think they came in with about a $700 million settlement for the community against Monsanto on PCBs. And I just said, look, if it's in the DNA of a company to not let you know. And this was always in the backdrop for the two of us, I think too with, with uh, GMO crops, right? This was not the kind of company that was gonna step up.
Now most of them don't. But we felt, I felt, in particular, knowing the PCB history, knowing how much money was at stake in, in Roundup, I just didn't trust the company, and I said that to these folks I knew at, at Bayer. But it was higher ups making the decisions. I think it was a bad call, but we'll see how the courts decide.
Chuck Benbrook: It's probably worth sharing, Bayer did not buy Monsanto for Roundup. They bought Monsanto for the intellectual property methods to genetically engineer seeds, and plus of course, they got all of Monsanto seeds. Monsanto, by the time Bayer bought them, had control of much of the base genetics for corn and soybeans in the United States.
Ken Cook: Yeah.
Chuck Benbrook: That was the real reason that drove Bayer to want to acquire Monsanto, because Monsanto was making a lot of money off of the licensing of the genetic engineering traits to all other seed companies. And when a company has intellectual property like that, that they license to other companies, it's a perpetual cash machine.
Ken Cook: Yeah. It's like owning the operating system for American agriculture in a significant way. Right? And look what that's done for Microsoft and Apple and others who stepped in, right?
Chuck Benbrook: Yeah. Yeah. So that's what Bayer was, was after and, um, so the, the Johnson case happened and about six months later, the Hardeman case.
Ken Cook: Yes.
Chuck Benbrook: And the Hardeman case was very important because it was the first trial in the federal multi-district litigation. The MDL litigation run by a, a, a very hard-nosed judge named Vince Chhabria.
Ken Cook: Here in San Francisco, the Ninth Circuit, right
Chuck Benbrook: here in San Francisco, and Chhabria to the benefit of Bear and, and Monsanto, bifurcated the trial into two parts. The plaintiff's Hardeman had to get through the first part to get to the second part of the trial.
The first part was just the general causation. Was there adequate science evidence linking exposure to Roundup and non-Hodgkin's lymphoma to meet the standard of, it's more likely than not that Hardeman's exposure to Roundup contributed to his disease — contributed in a significant way?
Ken Cook: But where was Hardeman from?
Chuck Benbrook: He was from California. I don't remember where in California. He had used Roundup for 20 or 30 years
Ken Cook: On his property.
Chuck Benbrook: He wasn't a groundskeeper. He wasn't a farmer. He had been in good health. And the trial on the first part, on the general causation was.
Ken Cook: Yeah
Chuck Benbrook: That was Monsanto's and Bayer’s best shot at containing the litigation and the lawyers knew it, both sides, especially because the judge had seemed to be very open to many of the Bayer Monsanto attorney and expert arguments. Judge Chhabria was skeptical about the science.
Ken Cook: I was fully expecting the trial to end at that first juncture.
Chuck Benbrook: In that first phase of the Hardeman trial, the jury brought back a yes, we believe that Roundup contributed to his non Hodgkins lymphoma.
So phase two was liability and Monsanto's bad behavior, and how big should the compensatory damage award should be, how big should the punitive damage award be? And then just a few months after Hardeman, the Pilliod case. And the Pilliod case was what really blew it wide open. Alva and Alberta Pilliod, and after he retired from the Navy in good health, they would buy five acres of kind of rundown urban, suburban property in Northern California, clean it up.
They were birders, so they would take, each one would take their Roundup sprayer in the evening and walk through the properties and use the Roundup to make trails so they could go and watch the wildlife and the birds.
And, and it's hot, and it's hot in Northern California in the, in the spring and summer. And so they would wear flip flops or sneakers without socks. Shorts and t-shirts, because they'd been told it was safe. And because a lot of the spray solution would land on their lower legs and on their hands, they never got sick.
They didn't get a rash. Monsanto had told 'em it's safe and they knew they had it on them and they never got sick and they never had a rash. So they, they figured their lived experience was aligned with what Monsanto was saying. But Doc, there's a problem — when a chemical damages your DNA, you don't feel it.
Ken Cook: Yeah.
Chuck Benbrook: You, you don't get a rash.
Ken Cook: They were from Livermore, so they were out in the heat of the day. And if you've been to Livermore, you know how hot it gets over there, but yeah. And it, it got into their skin. And so what happened next?
Chuck Benbrook: Alva and Alberta Pilliod, a married couple, they got exactly the same type, the major type of non-Hodgkins lymphoma within like six months of each other.
So they got the same disease.
Ken Cook: Oh.
Chuck Benbrook: And the lawyer that presented the case, Brent Wisner, someone that you've met.
Ken Cook: Yeah. Yeah.
Chuck Benbrook: He did a masterful job at the tail end of the case in presenting to the jury a way for them — if they so choose to impose punitive damages, how might they figure out the number? A million, 10 million?
And he brought to their attention multiple times during the trial, an email sent by medical doctor to the rest of the management team, the senior people in, involved in preserving their markets for Roundup. And this email chain was speculating about the impact of the IARC classification as a probable human carcinogen.
Ken Cook: Big problem for Monsanto. Big problem.
Chuck Benbrook: For big, big problem. And whether the IARC report would change the EPAs mind. So that they said no, the EPA position was, it was not likely to cause cancer. They, they were concerned about the IARC decision pushing EPA to at least go to possible carcinogen or maybe to a probable carcinogen, which is what the classification decision that IARC made.
So this, this medical officer wrote an email to the brass speculating about whether the, the IARC classification would change EPA, and he entitled it, the billion dollar question.
Ken Cook: There you go.
Chuck Benbrook: And Brent, in the end of his closing statement, the end of the closing statement, this is right before basically the case goes to the jury, he brought that that email back to the attention of the jury in a way that some of the jurors said, hmm, billion, billion, that, that's okay.
Well guess what the jury awarded? A billion dollars to both Alva and Alberta. So it's a $2 billion punitive damage award. One of the largest, punitive damage awards in history for two people.
Ken Cook: For anything. Yeah, for anything. It's this internal document, right? This secret stuff. Right. What they knew and when they knew it.
Profound impact, right? You could line up all the animal studies and all the rest of the evidence critically important to take that into account, but there's something about corporate malfeasance doing things dishonestly, that really rubbed a juror wrong.
Chuck Benbrook: So there were two other smoking gun, very impactful emails in all of these early trials.
The second one was an email by Donna Farmer sent to colleagues in Australia who were dealing with a major news program, investigative program, doing a story about this Roundup cause cancer. And they were getting advice from the brass in St. Louis about what they should say to the, the reporter. They had drafted a statement saying, oh, Roundup doesn't cause cancer, blah, blah, blah.
And she sends them an email saying, we can't say Roundup doesn't cause cancer, 'cause we haven't done the studies required to make that statement. Right in an email. Well, so the jury sees that email about five times.
Ken Cook: Yes, I remember that very well.
Chuck Benbrook: During the trial. And then my personal favorite, number three,
Ken Cook: I think I know which one this is, but go for it.
Chuck Benbrook: Yeah, yeah. You, you know what's coming. It was written by a senior scientist working for Monsanto Europe that had been involved with the very successful reregistration process in Europe, where the European regulators had basically told Monsanto Europe that they're gonna ban Roundup with polyethoxylated tallow amine POEA surfactants, because it was genotoxic, it was clearly damaging DNA.
Ken Cook: The surfactants are the things they add to the formulation to aid right in its efficacy on the leaf of the plant, right?
Chuck Benbrook: Correct. But it also speeds up the movement of the glyphosate through skin. And it also speeds up the glyphosate moving through a hematopoietic stem cell wall because the glyphosate's gotta get inside the cell to come into contact with the DNA to trigger the mutation that starts that cell on the path to non Hodgkin's lymphoma or leukemia or multiple myeloma, which are things that your buddy Benbrook learned through 11 years working on this litigation.
So this guy that helped Monsanto do this seamless transition where they voluntarily took all of the Roundup off the market that they were selling in Europe that was formulated with the POEA surfactants and replaced it with Roundup, formulated with another surfactant, coronary ammonia surfactants.
And it worked fine. They didn't lose any market. There was no big public concern. And so Dr. Richard Garnett, the guy that did this, was involved in a debate with the, again, the brass in St. Louis, the senior people who were trying to figure out what to do next. 'cause they were dealing with reregistration in the U.S.
Ken Cook: Yeah.
Chuck Benbrook: They were dealing with concerns in Mexico that wanted to end use of Roundup. Garnett and others put on the table, well, why don't we make the same change worldwide that we made to make Roundup safer in Europe?
Ken Cook: Why wouldn't you? Why wouldn't you?
Chuck Benbrook: Why wouldn't you? And, and so in the course of this long email change with, you know, the senior people, the key people that were the decision makers that
Ken Cook: Was never meant to be public.
Chuck Benbrook: That was never meant to be public.
This guy puts in a line, why should we keep making a hazardous pesticide when we know how to make a safer one. In the email!
Ken Cook: I remember
Chuck Benbrook: And, and so again, the jury saw that like five times over the weeks of the trial. I mean, what could be a clear admission that they understood that there were risks to the old Roundup? The Roundup that's still being sold to American farmers, by the way.
Ken Cook: Yeah, yeah, yeah. Again, that, you know, when will anyone learn if they haven't learned it already, that the coverup is worse than the crime.
Chuck Benbrook: Yeah. And that's when the advertising started all over the country. I mean, how many ads did all of us, you know, on the radio, on the TV billboards, if you used a lot of Roundup?
Ken Cook: Yeah.
Chuck Benbrook: Mm-hmm. Call this number. Then of course the number of cases filed, you know, ballooned from several thousand to a hundred thousand, and now I think the total is, it's pushing 180,000 total.
Ken Cook: Yeah.
Chuck Benbrook: There's still new cases coming in. It's one of the things that, you know, we ought to talk about a little bit is that there's absolutely no change in how Bayer Monsanto has dealt with Roundup other than for the lawn and garden market.
They took the relatively low tox, active ingredient, glyphosate out of it, and put in three or four different herbicides, including most of them, that are much more toxic than glyphosate, which is just, it's such a irresponsible action by this company, and they say, oh, we did it because we have to curtail the liability risk.
Well. You know, there's gonna be a lot of people that are harmed by this new Roundup because it's still called Roundup. People don't know that there's four other pesticides in it and they think, well, I used to get it all over me and it never made me sick. Well, you get this stuff all over you, you are gonna get, you are gonna get sick. Other than that, they've done nothing.
Ken Cook: Yeah. Yeah. And they could have, as they said themselves. So let's talk through the case that proceeded that your Amicus Brief filed on behalf of Heartland Health and Research Alliance, HHRA. The Trump administration came in in the Ninth Circuit and said, yes, we want the Supreme Court to hear it, and yes, FIFRA preempts, the federal law preempts the states, being able to have any kind of parallel warning that should be made known to anyone who uses the product.
So that case just kind of dies out because the, the Biden administration comes along and says, no, we, we think FIFRA preemption here is not appropriate.
So Hardeman gets their settlement and then Mr. Darnell comes along. And at this point we have the Department of Justice under Biden is still saying, no, we, we don't, we don't think the Supreme Court should intervene. We don't think you should look at this case because it's settled. Preemption doesn't prevent these kinds of plaintiff's cases from coming forward.
But the new Supreme Court, as of the summer of 2025. Ask the incoming, the new Trump administration, been in office, not even a year, asks them, what should we do? Should we, should we take another look? Because maybe things have changed with the new administration. And sure enough, then that's when the Trump administration for the second time in the case, it's going to the Supreme Court, the Trump administration says the same thing in effect that it said before, yeah, these cases should be thrown out because FIFRA protects the companies.
Chuck Benbrook: I learned from a very reliable source that this issue of preemption and the tension within the MAHA world came up several months ago in a, a cabinet meeting that Trump was at, and he said, what's this about?
And somebody that knew a little bit about it said, oh, it's this preemption thing. And Trump said, we shouldn't agree with that. We don't want to give a free pass to chemical companies. He said that, and at the time wasn't expected, but the view was, well, it looks like the White House wasn't gonna, wasn't gonna weigh in on, on behalf of Bayer and Syngenta in this policy fight, but clearly other voices changed his mind.
Ken Cook: Yeah. And my colleague also, Brian Bienkowski for The New Lede works with Carey Gillam. He just won the North American Agricultural Journalists top award for news because of his study using the Freedom of Information Act to unearth just how many times Bayer Monsanto lobbyists met with the administration to argue for them to come back and come back, come home and stand for the companies and not for the, the victims of this exposure.
Chuck Benbrook: Oh my God. The, the degree to which Bayer and former Bayer people and people whose professional careers and livelihood has been dependent on Bayer and the other pesticide companies. I've never seen anything like it from the Secretary of Agriculture, Susie Wiles, the chief of staff, this major fundraiser, Brandon, somebody, the Florida guy.
Ken Cook: Yeah.
Chuck Benbrook: They all have deep ties into Bayer. This is how large corporations engage with government.
Ken Cook: That's how they get their way.
Chuck Benbrook: They establish long-term relationships with people of influence that they don't know exactly, I mean, who would've guessed that Brooke Rollins would be Secretary of Agriculture in 2026?
Ken Cook: No one in agriculture I guess, did.
Chuck Benbrook: No, nobody in agriculture. And you know, I think, you know, Brooke, Brooke, Brooke is doing a fine job on some issues. But, uh, she certainly is paying attention to her, her friends and colleagues in the Bayer world and the degree of influence that Bayer has now on this administration, I, I've never seen anything like it.
Ken Cook: It's shocking and, uh, you know, of course Lee Zeldin responded pretty favorably when the, uh, Attorney General, early in the administration came to him and said, here's our petition to you at EPA to, to intervene on behalf of Bayer and Monsanto and stand up for, for preemption of state law.
I think all of us were blown away by the executive order that invoked national security as yet another layer of defense. Look, let's think about the layers here. First of all, there's the proceedings in federal court where the solicitor general, the top trial lawyer for the Justice Department weighed in on behalf of Bayer and Monsanto.
Then you have this executive order that, hey, it's a matter of national defense that we keep, keep this stuff being produced. And then finally, we haven't yet heard what the administration will say, but I don't think it'll be a surprise — there's an effort in Congress to rewrite the law in favor of Bayer and Monsanto and lots of other pesticide companies to choke off any kind of state-based claims of harm and avenues for accountability.
So that's, that's really pretty impressive. Uh, we probably won't get to the prospect that a bad decision at the court or the passage of this bad amendment in the Farm Bill, the implications it will have for other pesticide litigation and other venues for holding pesticide companies accountable. But it's significant, right?
Chuck Benbrook: Yeah. You asked about the Durnell case. Yeah,
Ken Cook: Yeah. Uh,
Chuck Benbrook: John Durnell was a very typical urban user of Roundup. Bought it at, you know, local Lowe's or Home Depot, sprayed it around his yard again for several years. And was exposed to enough of it that the amount of damage to the DNA in these hematopoietic stem cells in his bone marrow, it, it created enough mutated, uh, cells that are incredibly elaborate and redundant immune systems just couldn't keep up.
Ken Cook: Yeah.
Chuck Benbrook: And sometimes a cancer will get ahead of the immune system when the immune system's fighting a urinary tract infection or an ear infection, or upper respiratory infection. Or sometimes people are put on immunosuppressive drugs 'cause they're having an a, an organ transplant. If there's some cancer cells in that person's body, they're gonna go wild.
So there, there's, there, cancer is such a complicated disease and there's essentially never or hardly ever one thing that causes a case of cancer. It's a series of things that unfold over at least a few years. Timing has a lot to do with it. John Darnell's case, uh, which I was involved with, I did an expert report and was deposed as, as part of the case — I didn't testify at trial. Uh, it, it reached a judgment. I think he was awarded 1.25 million, which was definitely on the low side.
Ken Cook: Yeah.
Chuck Benbrook: Monsanto didn't pick the Durnell case because of the, the large award. There were other reasons that they felt it would be a good vehicle to get these, these issues back in, in front of the Supreme Court.
So when, Bayer Monsanto literally engineered the conflict between the appeals courts. They paid people to do the appeals and, and rewarded either plaintiffs or attorneys for an outcome in those appeals that set up the request for the Supreme Court to take the case.
Ken Cook: Set up by a split between two districts.
Chuck Benbrook: Three.
Ken Cook: The third. Three, okay. All right. I know it's the one in Philadelphia, obviously the one in California, and then where was the third one?
Chuck Benbrook: Uh, it's in the southeast.
Ken Cook: Okay. The Supreme Court's looking at it and saying, “Hey, we're getting conflicting readings right from the courts right below us. So that's an invitation for us to step in.”
Chuck Benbrook: Right. But one of the reasons this is so controversial within the legal community is that Bayer Monsanto paid for lawyers to create the conflict in a way that's been exposed.
Ken Cook: How did they go about it? How did they do it?
Chuck Benbrook: What it boiled down to is that they promised both the attorneys and the person that was the plaintiff in the litigation that they would receive financial compensation, even if they settled their case.
Ken Cook: Wow.
Chuck Benbrook: So once the Supreme Court decided to take the case, I said to myself, I've been dealing with preemption since 1981, when I served as the staff director of the DOA subcommittee. And the number one issue that the industry wanted changes on in 1981, in George Brown subcommittee was preemption. And why?
Because the state of California, Florida, Massachusetts, and New York were starting to impose further restrictions, mostly on insecticide use because they didn't want farm workers to be poisoned in the field.
Ken Cook: Yeah. These were parallel to what was required on the label, right? Not
Chuck Benbrook: Correct.
Ken Cook: Not additional to or substitutes to. They were just parallel, like you have to do this too under state law.
Chuck Benbrook: Yeah, let's use wine grapes. A lot of insecticides are used in in wine grapes. And the company gets a federal label that it, it says how much can be applied, how many times, what kind of sprayer? What sort of PPE the applicator has to wear.
Ken Cook: Personal protective equipment, yeah.
Chuck Benbrook: But doesn't say much about a farm worker, maybe in the next field over, or a, a farm worker that's going into pr...
Ken Cook: It gets on them. It spray, it drifts onto them, or whatever. A family. It could be anybody.
Chuck Benbrook: And the federal label doesn't have any warnings about if you are working in and around a treated field, make sure that you don't get, get exposed. 'Cause this, this stuff will kill you.
Ken Cook: Yeah.
Chuck Benbrook: Federal labels were being approved that did not address in any way, shape or form many of the ways that farm workers were getting inadvertently, accidentally, exposed in places like California where you'd have a heavily sprayed grape field next to a strawberry field, next to a cauliflower field.
And you know, they're close enough together that some of the pesticides drift and people were getting badly injured, some people were being killed. So the states were requiring on state labels additional restrictions on when and where a field could be applied. And for example, the state of California wanted to put a sign on the corner of the field — this has been sprayed, stay out of the field for at least 24 hours.
And they wanted the signs to be in Spanish. What a radical idea.
Ken Cook: Of course.
Chuck Benbrook: Right. And this is what the pesticide industry at the national level, they didn't want states to be free to address these very localized and often really dangerous, high risk exposure scenarios. So they came to our subcommittee and and said, we want to cut back the role of states in pesticide labeling.
And states can't require anything more on their label than what the federal EPA did. And if a farm worker is injured and heaven forbid killed, they can't go into a state court and sue the company because they got sprayed from this application on the grapes and were exposed to enough to kill them. They couldn't bring litigation because the application was, complied with, what was on the federal label.
So what California was doing, they were adding additional requirements, including mandatory warnings. And so now the industry says, the argument behind the current effort, is that a farmer or a farm worker, or someone that is exposed to a pesticide in a state and is harmed. Either harmed economically, the pesticide killed their crop, killed their apple trees, damaged the paint on their Maserati, which was happening from some aerial applications in California, remember?
Ken Cook: Yeah, I do remember that.
Chuck Benbrook: You know, people were being harmed from legal, labeled uses of pesticides and, and because of state law, they would go into court and say the, you know, there was a failure to warn. But the pesticide companies want now the federal court system and the Supreme Court to say to the state court, you can't recognize a failure to warn claim unless the warning was on the federal label.
Ken Cook: Yeah.
Chuck Benbrook: And of course, pesticide companies, they're responsible for writing the labels and they resist.
Ken Cook: They don't wanna do it.
Chuck Benbrook: They don't want to.
Ken Cook: It'll hurt sales. It'll hurt sales.
Chuck Benbrook: It'll hurt sales.
Ken Cook: Yeah. You have a phrase in your brief industry backed by the Trump administration, I'm gonna say it again, backed by the administration that includes Bobby Kennedy. What they're basically saying is, we wanna make sure that this preemption exists, not just for the things we warn about on the label, but for anything we didn't think of.
Chuck Benbrook: Or didn't understand.
Ken Cook: Didn't understand. No science. But the, the states are producing the science, Heartland Health and Research Alliance produced vital information. New science that wasn't originally considered in the registration of the pesticide you write about in the brief, but there we are.
Chuck Benbrook: Let me just briefly describe part of the HHRA amicus brief that, I think's gonna catch the attention of the Supreme Court.
Ken Cook: Fingers crossed.
Chuck Benbrook: At the core of it, the pesticide industry, Bayer Monsanto wanna take states out of the pesticide regulatory business
Ken Cook: Out of the game. Totally.
Chuck Benbrook: Out of the game. What's going on right now involving another major Monsanto herbicide called Dicamba. Dicamba is one of the herbicides that Monsanto has developed a way to genetically alter soybeans and cotton plants so that not only can you spray glyphosate over the top of the crop, but you can also spray Dicamba.
And Dicamba is very helpful in dealing with some of the difficult to control broadleaf weeds that are really plaguing corn and soybean farmers around the country now.
Ken Cook: And that because Roundup no longer works, right,
Chuck Benbrook: Because it was used too heavily and irresponsibly. Yeah, because Monsanto fought putting any kind of resistance management provisions on the label because they were afraid that it might curtail their sales.
'Cause Monsanto is all about maximizing the sale and profits from its products and anything that gets in the way of that, what they call they, they want to preserve the ‘freedom to operate.’ The freedom to get labels and then to prevent any limitations being put on the existing labels.
Ken Cook: Freedom to operate. I can see the bald eagles and the American flag — unless the pesticide has killed the bald eagles. Of course, I can see the bald eagles in the American flag in the background. Freedom. Freedom to operate.
Chuck Benbrook: Dicamba has been a hugely controversial development, these Dicamba tolerant crops, because Dicamba is very volatile.
So farmers would spray Dicamba and kill the broadleaf weeds in the soybean field. But then the Dicamba, it volatilizes and goes up in the air, and then it moves with the, the, the wind and wherever it next rains or, or a little dew, it's gonna come back down to earth. Well, guess what? There's a lot of plants and trees and shrubs that when that Dicamba comes back down to earth, it's gonna harm it, if not kill it.
So all over the Midwest, there's been, this movement of Dicamba and, and another phenoxy herbicide, two four D, which is also very volatile. So the, the, the herbicides, they don't stay on the field where they sprayed, funny thing, especially in hot and hum weather, they volatilize go up in the air and move.
And so this has just created havoc in these Midwestern and southeastern states where there's a lot of genetically engineered soybeans and cotton grown and a lot of Dicamba being applied. So what have the states done? The states all now do supplemental labels. And what's in the supplemental labels? They have things like, you can't apply Dicamba after June 15th north of, of Highway five or in X County.
So all of the states now are doing supplemental labels for the Dicamba product. That's registered for over the top use in association with a genetically engineered soybeans and cotton. And these labels have some combination of geographic restrictions where they can be sprayed and what the cutoff date is — because this volatilization problem, it gets worse as it gets hotter.
So the farther into the summer, the worse the problem is. From the first year it was used when they could use it, Christ, they could apply it in August and they were having huge problems. Now most of the states don't allow it much after the third week in June.
And basically the farther south you go, the earlier that date is.
Ken Cook: Yeah.
Chuck Benbrook: So now there are three companies, Bayer Monsanto, Syngenta, and BASF, that have EPA approved Dicamba labels for applications on genetically engineered soybeans and cotton. These products are now approved in 34 states. So do the math.
Ken Cook: Yeah.
Chuck Benbrook: 34 times three.
So now states are reviewing and approving a hundred supplemental labels. A hundred supplemental labels. These are labels that the states have to do, have to apply, they have to enforce, and there's all kinds of crazy ass implications that nobody thought of. You know, somebody's farming in Missouri along the Iowa border, and they go and they buy some Dicamba in Iowa and it's got the label for Iowa and they bring it to Missouri, who's at fault.
Ken Cook: Yeah. Yeah. It's
Chuck Benbrook: unimaginable.
Ken Cook: One of the dynamics here, and you brought it to my attention as these cases were unfolding in this instance, this is a farmer versus farmer thing, right? This is where the plaintiffs were the farmers who were complaining that the drift of this dicamba into their fields that weren't dicamba resistant was costing them a lot of money, a lot of damage, and, and, uh, very upsetting.
Much as they care about their neighbors, they want their neighbors to be able to do what they want to do, like they want to do with their own land. But this stuff doesn't stay on your land. It doesn't stay on your crops. It moves.
Chuck Benbrook: Just think of the hypocrisy here where Bayer Monsanto, for its Roundup product is saying, we gotta cut the role of states out, because we don't like the fact that sometimes we get hauled into court, maybe have to compensate somebody that's been harmed by our product.
But it, but for our Dicamba product, oh, we like it that the states are doing like a almost a hundred supplemental labels this year to allow farmers to spray Dicamba on genetically engineered soybean and cotton,
Ken Cook: And then it falls on the farmers, if they haven't obeyed the label, it falls on them. Not on Monsanto. Is that right?
Chuck Benbrook: Well, that, yes, that, that is exactly correct. Now, if Monsanto has written a inaccurate or ineffective or ambiguous label, they also can become part of litigation. But the, the thing that, that just boils my blood about this, Ken, is the current Supreme Court precedents and direction to state courts about when somebody, that, that is defending a Monsanto or a Syngenta in state court.
Somebody has Parkinson's disease, somebody has non Hodgkin's lymphoma and has brought suit, and that person is seeking compensation from the company, the instructions to the judge on how to deal with a motion — to throw out the failure to warn cause of action. The basis of the litigation.
Ken Cook: Yeah.
Chuck Benbrook: Throw it out. You can't do it. That foundation, that interpretation of the FIFRA law was put in place in 2005 as a result of a bunch of cantankerous Texas peanut farmers.
Ken Cook: Yes.
Chuck Benbrook: These peanut farmers had bought a brand new Dow AgroSciences herbicide diclosulam. The trade name was Strongarm.
Strongarm, right?
Ken Cook: They always have the great trade names. Machete and whatever. Yeah.
Chuck Benbrook: But there was one issue with Strongarm. Maybe more than one, but one issue that Dow knew about was that in soils, high pH soils, it didn't break down as fast as it normally did, and it was pretty persistent. So if, if a peanut farmer used it in the peanuts, it would work great, it would control the weeds. But then the farmer plants a cotton crop after the peanuts, the next year.
And holy shit, the, the Strongarm herbicide is still active and damages the subsequent crop. Well, that's what happened to this group of, of, I think there was seven or eight plaintiffs led by, the lead plaintiff was a, a guy named a farmer named Bates, and all they asked for was their losses to be covered. Which is the, you know, the amount of money that they paid to plant the subsequent crop and this, this kind of thing with, you know, carry over herbicide damage. Yeah. It, it was happening regularly all over the country.
And most of the time if it was a custom applicator, they would have insurance and the insurance would more than cover it. And sometimes the companies would kick in some of the money if it was a, a larger, broader adverse impact. But for some reason Dow decided that by God we're gonna fight this and try to get rid of this failure to warn cause of action.
And so Dow takes on this group of seven Texas peanut farmers takes on big Dow AgroSciences
Ken Cook: All the way to the Supreme Court.
Chuck Benbrook: Yeah. And wins.
Ken Cook: Yeah.
Chuck Benbrook: And wins. And so now American farmers read the, the propaganda put out by the Modern Ag Alliance and other front groups that are being financed mostly by Bayer Monsanto and Syngenta — that are the two multinational pesticide companies facing billions of dollars of costs from litigation over, in the case of Syngenta, Paraquat Parkinson's disease, and in the case of Bayer Monsanto, Roundup and Non Hodge's lymphoma.
They are desperate, desperate to find a way to limit their liability exposure. And let, let me at this point, make one other point that is really important. Why is the pesticide industry so determined to try to get this change in law put in place?
And there's really a very obvious answer. Science is catching up with the ability to link exposure to a given pesticide to damage to DNA or some marker of the evolution of a chronic disease, which then clearly increases the risk of some bad thing happening. Science is catching up on all of the instances where the pesticide industry covered up knowledge and evidence of harm and convinced regulators to say, yeah, it's okay.
We'll label that. That pesticide can be in broccoli. This pesticide can be in carrots. This pesticide can be sprayed all over rangeland in the West. And EPA made those decisions, because the companies had successfully kept the regulators from understanding what the companies already understood about how the pesticide can damage human health.
And the companies know that there are going to be more of these successful efforts by the pesticide industry to keep products on the market, for decades, in some cases, after the company knew it was causing significantly heightened risk of, in the case of Paraquat and Parkinson's disease, the predecessor companies to Syngenta, remember back in the day when we called them Novartis?
Ken Cook: Okay, I do remember. Yeah.
Chuck Benbrook: Yeah, yeah. Well, you know, we're going back, but in 1980s, Novartis sponsored cutting edge quality research on what Paraquat was doing in the human brain. And guess what they found? It was triggering damage to dopamine neurons. Completely consistent, and fundamentally part of the progression of damaged neurons to Parkinson's disease — in the eighties!
Ken Cook: Yeah. And another shout out to Carrie Gillum because she published something called the Paraquat Papers. They're on the The New Lede website right now. They were published by The Guardian as well, that again, once you lift this corporate veil and see what they knew and when they knew it, what they were talking about in memos and emails and other communications, they fricking knew.
And they have an obligation under law to let the government know and they didn't. And we know why they didn't. For all the reasons you just described, it's the beginning of the end for them.
Chuck Benbrook: And Ken, let, let me make really clear, 'cause I'm sure some farmers that do worry about access to Roundup are listening to this.
Monsanto knew that Roundup herbicides were damaging the DNA in stem cells in all of our bone marrow. They knew that by the early two thousands. They didn't have any tools to quantify exactly how big the increase in risk of non Hodgkin's lymphoma, multiple myeloma, leukemia, the blood cancers.Very important cancers.
They didn't have all the pieces of the puzzle put together like we do now, today.
Ken Cook: Yeah.
Chuck Benbrook: But they knew enough to say, let's put a warning on it.
Ken Cook: Yeah.
Chuck Benbrook: You know, if you're using this product a lot and use it over several years, take extra precautions to avoid exposures. They should have put a requirement for for on the label when you are handling and applying this product, wear gloves. I mean, how simple is that?
Ken Cook: How about a long sleeve shirt? How about long — no flip flops, right?
Chuck Benbrook: No flip flops. The Roundup non Hodgkin’s lymphoma litigation is unfortunately stuffed with incredible stories. There was a woman in Florida, she loved her backyard garden, especially her rose bushes.
She had an area in her backyard with her rose bushes.
Ken Cook: My mom and Aunt Ruth did too. I think you saw it one time too.
Chuck Benbrook: God bless them.
Ken Cook: Yeah. Yeah, that's right.
Chuck Benbrook: Been a long time since they left a stock.
Ken Cook: That's right. That's right.
Chuck Benbrook: So this woman, she used bark mulch under her roses, very proud of her roses. And then she had her lawn and she hated it when her lawn started to creep out into her bark mulch, which, yeah, don't we all tend to do.
Ken Cook: Don't we all? Yeah.
Chuck Benbrook: So she devised a creative solution. She would have her little Roundup canister that she bought at Home Depot and the little electric sprayer on with shorts on and bare feet.
Ken Cook: Yeah.
Chuck Benbrook: And she would put her foot on top of the edge of the grass, on top of the edge of the grass and then spray the bark mulch with her foot catching the, the spray.
And she did that for several years. And guess what? She got non Hodgkin’s lymphoma.
Ken Cook: Yeah.
Chuck Benbrook: I mean, people do kind of crazy things, but
Ken Cook: Yeah.
Chuck Benbrook: When a, when a company tells people that their product is non-toxic, it's, it's all natural ingredients, biodegradable.
Ken Cook: You can spray out the window of a cab as you're on your way to the airport.
Chuck Benbrook: Right? Yeah. Right. And remember the ads for DDT with the kids in suburban areas?
Ken Cook: Yes, off course.
Chuck Benbrook: Of course. Walking behind the spray truck 'cause it looks like it's snowing. In an urban area.
Ken Cook: I did it in my suburban St. Louis neighborhood. Of course I did.
Chuck Benbrook: Yeah.
Ken Cook: Of course I did.
Chuck Benbrook: We all did. So what, what does DDT and Roundup glyphosate have in common? They have an extraordinarily high LD 50.
Ken Cook: The LD 50 is the amount that will kill half the animals in an experiment.
Chuck Benbrook: Exactly. LD stands for lethal dose. Dash 50 is 50% of the animals. So this is the
Ken Cook: Died during the study
Chuck Benbrook: Yeah. Right, right.
Ken Cook: It's not like this is, we wait around for them to get cancer. They're fricking dead.
Chuck Benbrook: Right
Ken Cook: In the cage.
Chuck Benbrook: Right, right. And so, you know, the, the, the LD 50 for glyphosate is like 4,000 parts per million. I mean, it's really high. Just the same as with DDT. I mean, you can stick your arm into a barrel of Roundup and pull your arm out and you're not gonna get sick. You're not gonna have symptoms, you're not gonna get a rash.
If you stick your little one finger just a little bit into that much Paraquat, you're gonna die.
Ken Cook: Yeah.
Chuck Benbrook: Or any of the high risk, uh, organophosphate or carbonate insecticide.
Ken Cook: Yeah. Yeah. It varies. Well, you've been very generous with your time, so I just want to ask you one more question and, and you know, again, we're, this is gonna stay with us for a while, depending, especially depending on where, where the Supreme Court goes down, depending on what happens with the Farm Bill next week and what, we don't have time to talk about that particular scenario, but you and I have been through dozens of Farm Bills it feels like.
But what do you think is at stake now? So politically, there are all kinds of questions now in the world of MAHA because they feel betrayed, and rightly so. They shouldn't have been surprised, but because they don't know all the history that we know, uh, they just assume when Trump said he was gonna do something about pesticides, and it sounds like you've, you've heard he was surprised at the preemption position the government took, uh, in the end too.
So there's that political element where we gotta get people to wake up to what's really going on. But then there's, there's the real possibility that if this decision goes the wrong way, and we've had some doozies on the environment from this court, right — that we could, we could really be in trouble.
We could really lose one of our few remaining avenues, other than buying organic food. But certainly for a lot of people being exposed outside the dietary exposure route, we, we could really be in trouble when it comes to protecting human health and the environment and all kinds of critters from pesticides.
But, but what, what's your sort of closing thought on all of this, Chuck? You, I mean, you, you and I go back decades, but you've been, you know, a, a, a leader on pesticide policy and regulation and obviously deeply involved as an expert in this litigation now also for decades. What comes to your mind that, that makes you most concerned if this goes sideways?
Chuck Benbrook: Really important, uh, question Ken and I, I, I think the answer is that right now, the, the only meaningful accountability and concern about coming forward and getting high risk pesticides registered for uses that are gonna result in a lot of, uh, human exposure is the, the risk of litigation. If that risk is taken away, then, right now, the, the pesticide industry has a very cozy relationship with the Office of Pesticide Programs.
Ken Cook: Longstanding very long, unfortunately, uncomfortably longstanding. I think, I don't wanna put words in your mouth, but, you know.
Chuck Benbrook: OPP started to go downhill by the late eighties, uh, and from basically the late eighties on, the ability of pesticide registrants to get their way with the Office of Pesticide Programs has steadily increased to, to the point now where they're, they're not really that concerned about getting their, their products on the market, and they're certainly not concerned about EPA taking a high risk product off the market.
I mean, look what happened just two weeks ago. Syngenta bailed on Paraquat before the EPA took it off the market.
Ken Cook: Yeah.
Chuck Benbrook: And what, why did Syngenta bail on it? Because they know they're gonna keep getting sued. It, it's, it's been banned in China, which owns Syngenta. You know, it's, it's just, uh, the, the lax approach of the US EPA and the Office of Pesticide programs about well documented, clearly hazardous uses of pesticides.
It, it's, it's, a travesty. And I think that farmers are starting to figure it out — because they look in their neighborhood cancer, this family, two cases of cancer, this family, three cases in this family.
Ken Cook: Yeah. Yeah.
Chuck Benbrook: They can see that people are getting sick.
Ken Cook: Yeah.
Chuck Benbrook: And unfortunately we have big problems with how we grow food in this country, and then what we do with the food between when it leaves the farm and people eat it.
The concerns over ultra processed food are real. The health of the American public is a national disgrace right now.
Ken Cook: Yeah, for sure.
Chuck Benbrook: I think the public is about had it with it. And I think that the day is going to come, you know, in, in the next five or 10 years where there's going to be substantial changes in some of the laws and policies that govern agriculture and, and, and food safety and food quality.
We could have the most nutritious, delicious, diverse food supply in this country if we wanted to, but no. What do we have? We produce a lot of ethanol. We export a lot of food and we feed a lot of corn and soybeans to, to livestock and create unhealthy fats that keep us unhealthy. Our food and fiber system is seriously broken, and the, the, the time is, is, has come to fix it.
Ken Cook: Well, between your lips and God's ears, brother Chuck, I'm gonna end there and, and thank you for, uh, explaining all of this to me and to my, uh, audience and, and also for your decades of devotion, uh, intellectually and, um, devotion that comes from, from the heart. I know that firsthand, we'll come back when we find out how some of these deci, big decisions have come down.
The most momentous decisions really since the 1990, mid 1990s, Food Quality Protection Act and the National Academy, most momentous moment.
Chuck Benbrook: I, I knew you were gonna say that at some point.
Ken Cook: Yeah. We haven't agree. Had a moment like this and, um…
Chuck Benbrook: Yeah.
Ken Cook: We'll stick with it. Uh, Chuck Benbrook, thank you for joining and giving me another great episode.
Chuck Benbrook: Thank you.
Ken Cook: Thank you to Dr. Chuck Benbrook for joining me today, and thank you out there for listening. If you'd like to learn more, be sure to check out our show notes for additional links to take a deeper dive into today's discussion. Make sure to follow our show on Instagram @KenCooksPodcast. And if you're interested in learning more about ewg, head on over to ewg.org or check out the ewg Instagram account @EnvironmentalWorkingGroup.
Now, if this episode resonated with you, and I hope it did, and you think someone you know would benefit from it, send it along. The best way to make positive change is to start as a community with your community. Today's episode was produced by the extremely remarkable Beth Rowe at Mary Kelly. Our show's theme music is by Moby.
Thank you Moby, and thank you again out there for listening.
Areas of Focus Chemical Policy Glyphosate Pesticides May 29, 2026We the People on display at Folklife 2026!
We the People featured at NW Folklife Festival this weekend!
Two copies will be at Seattle Center this weekend at the NW Folklife Festival, one at the Mural Amphitheater Stage, near the Space Needle and another in the International Fountain Pavilion, with pens for signing. Use this chance to add your signature in time for it to be taken to DC this July 4th!
Over the last 19 years, Backbone's giant We the People banner has served as an icon of people power and our aspirations to fulfill the shared mission of creating a more perfect union. Adding two more Preamble sections has allowed it to appear in even more cities in the past year, collecting signatures and grabbing the attention of the press and public as a symbol of resistance and resilience.
2026 Northwest Transmission Summit Digest
In early May, we held our first-ever Northwest Transmission Summit in Boise, Idaho. Stakeholders from around the region, including Tribal, environmental, and community leaders, nonprofits, developers, policymakers, and energy and transmission experts gathered at the Boise Centre for two days to learn, share perspectives, and take action to build our prosperous future.
Thank you so much to Renewable Northwest who partnered on the planning of the summit and co-sponsored the event. Thank you to our sponsors:
Thank you to our speakers, to the Boise Centre for hosting, to everyone who attended, and to our community partners who helped us spread the word about the event.
We are so grateful for the diverse perspectives, insights, and deep engagement everyone brought to this summit. We recorded all of the panel discussions and have linked them below in case you missed the conference or want to dive in again.
What We LearnedAt the end of day two, our Senior Policy Associate and event host Ben Otto wrapped up the summit with an incredible summary of the themes and key takeaways that emerged throughout the event. Attendees also asked questions and shared what stuck with them.
We didn’t solve every problem, but we made great progress on some challenges, reflected on innovative solutions, and came up with more questions to stimulate lots of future conversations and actions. Stay tuned for a future blog on our learnings from the summit and our next steps.
Summit HighlightsWe opened and closed the conference with a few polls of the audience to gauge everyone’s interest, understanding of, and commitment to work on transmission issues. It was incredible to see the results on day two: participants’ understanding of transmission issues and how to engage in the region had markedly increased.
Our shared understanding of the primary barriers to building transmission also transformed after two days of discussion at the summit.
We were inspired by attendees’ key takeaways:
We look forward to building on the momentum from the summit and will share more transmission-related programming soon. We also welcome you to join us at our fall conference on October 15 at the University of Washington HUB in Seattle—check back here soon for registration information.
Keep in touch with us: email nwec@nwenergy.org or sign up for our newsletter.
Panel DiscussionsPanel 1
The Grid We Share: History and Perspectives on Regional Transmission
Panelists:
- Jillan Hanson, Climate and Renewable Energy Program Manager, The Nature Conservancy in Idaho
- Brant Johnson, Senior Vice President of Development, Grid United
- Jamie Hearn, Climate and Community Planning Lead, Front and Centered
- Donald Williams, Founder/Principal/CEO, From the Light Consulting
- Mike McArthur, Renewable Northwest
Moderator: Stephanie Lenhart, Associate Professor, Boise State University
Panel 2
Looking Ahead: Opportunities to Expand the Transmission System
Panelists:
- Casey Baker, Senior Program Manager, GridLab
- Hamody Hindi, Manager of Transmission Planning, Bonneville Power Administration
- Kyle Unruh, Director, Montana & Idaho, Renewable Northwest
- Curtis Westhoff, System Consulting Engineer, Idaho Power Planning Department
Moderator:
- Shanna Brownstein, Head of Utility Partnerships, GridCARE
Panel 3
Issues and Solutions Part 1: Community and Environmental Impacts and Siting Processes
Panelists:
- Shannon Stewart, VP of Environmental Compliance & Strategy, Invenergy
- John Robison, Public Lands & Wildlife Director, Idaho Conservation League
- Reuben Martinez, Energy Program Manager, Affiliated Tribes of Northwest Indians (ATNI)
- Jeff Hough, Bannock County Board of Commissioners
Moderator:
- Aaron Menenberg, Idaho Policy Manager, Renewable Northwest
Panel 4
Issues and Solutions Part 2: Regional Planning and Coordination
Panelists:
- Rich Glick, Principal, GQS New Energy Strategies
- Caitilin Liotiris, Principal, Energy Strategies
- Donald Williams, Founder/Principal/CEO, From the Light Consulting
Moderator:
- George Lynch, Deputy Director, Western Interstate Energy Board
Panel 5
Issues and Solutions Part 3: How Costs and Benefits are Determined and Allocated at the State Level
Panelists:
- John Hammond, Idaho Public Utilities Commission
- Les Perkins, Oregon Public Utility Commission
- Brian Rybarik, Chair, Washington Utilities and Transportation Commission
Moderator:
- Megan Decker, Staircase Advisory
Panel 6
Issues and Solutions Part 4: Workforce and Construction
Panelists:
- Jake Pollack, Senior Director, Strategy & Impact, Strategic Energy Innovation
- Erich Orth, Bonneville Power Administration
- Jason Hudson, Government Affairs Director, IBEW 77
Moderator:
- Kate French, Senior Policy Manager, Power Sector, BlueGreen Alliance
The post 2026 Northwest Transmission Summit Digest first appeared on NW Energy Coalition.
HCA Fort Walton-Destin Hospital nurses to hold informational picket for patient safety
CELDF Publication – State of Rights of Nature Report
This first edition of CELDF's State of Rights of Nature Report represents yet another important contribution from CELDF to those studying, documenting, or actively working for rights of nature.
The post CELDF Publication – State of Rights of Nature Report appeared first on CELDF - Community Rights Pioneers - Protecting Nature and Communities.
Great Salt Lake Conservation Gains Momentum with $1 Billion Federal Push and Renewed State Commitment
On the road to extinction: 3 species we could lose
Transcript of EWG podcast 'Ken Cook Is Having Another Episode' – Episode 58
This Earth Day, we’re not celebrating progress; we’re sounding the alarm. In today’s episode, EWG co-Founder and President Ken Cook sits down with Dr. Phil Landrigan and Dr. Adam Gaffney, co-authors of a landmark article in the New England Journal of Medicine that breaks down how the Trump administration’s sweeping environmental rollbacks are threatening the health of every American.
Landrigan is no stranger to these fights. As a young Centers for Disease Control and Prevention doctor in the 1970s, his groundbreaking research on lead poisoning in children helped drive lead out of gasoline and paint. This victory reduced childhood lead poisoning by 95% and raised the IQ of an entire generation.
Gaffney, a pulmonary and critical care physician at Harvard Medical School, has spent his career fighting to protect his patients’ lungs – and now the very protections that keep those lungs healthy are being dismantled one regulation at a time.
Together, the doctors share with Cook all the vital rules that the administration is undoing, who will suffer most, and what it will cost the public in health harms and lives lost – from weakened air quality standards and gutted climate policy, to the quiet destruction of the scientific institutions that keep Americans safe.
Disclaimer: This transcript was compiled using software and may include typographical errors.
Ken: Hi there. I'm Ken Cook and I'm having another episode. On the eve of Earth Day, I'm really thrilled to be joined today by Dr. Phil Landrigan and Dr. Adam Gaffney to discuss their recently published article in the New England Journal of Medicine titled “The Dismantling of Environmental Protections, a Grave Threat to America's Health,” that published on March 25th, 2026.
Dr. Philip Landrigan is a pediatrician and a legendary public health physician who directs the global observatory on planetary health at Boston College. A prominent figure in environmental health and guest on this show, Dr. Landrigan spent 15 years at the CDC and is internationally recognized for his decades of research on the health effects of toxic chemicals, pesticides, and pollution, particularly on children.
And it's always worth mentioning because it is so important: in 1976 alongside the late, wonderful, great Dr. Herb Needleman, another longtime friend of EWG, Dr. Landrigan led the US government to mandate the removal of lead from gasoline and paint. That action reduced childhood lead poisoning dramatically in the United States by 95% — that's legendary.
My other guest today is Dr. Adam Gaffney, who's an assistant professor of medicine at Harvard Medical School, a pulmonary and critical care physician at the Cambridge Health Alliance, a health policy researcher, and a writer and commentator on issues of medicine and policy. His research focuses on national healthcare reform, healthcare equity, and disparities in lung health.
The article was also co-authored by Dr. David Himmelstein, Dr. Steffie Woolhandler, and researcher Sancia Sehdev. This team collectively brings decades of expertise in public health, health equity, and environmental medicine. Now on Earth Day, we like to think we'd be celebrating the progress made in protecting our air, water, and the health of future generations.
Instead, this episode finds us at a deeply troubling moment, one where the very protections that Earth Day was created to champion are being systematically rolled back. Rather than marking another year of progress, Dr. Landrigan, Dr. Gaffney, and their colleagues have felt compelled to sound the alarm, documenting in painstaking detail what is being lost and what it will cost us in human health and lives.
This is not the Earth Day any of us hoped to celebrate this year, but it is one that demands our full attention. Dr. Landrigan and Dr. Gaffney, congratulations to both of you on this paper. One of my frustrations, and I think as public health doctors, it probably is one of your frustrations too, is that the public often doesn't understand the connection of the environment to their health. And so the first step is to get people to recognize that.
But clean air, clean water, pesticide policy, all manner of issues involving climate change, all of these can have very distinctly important, indeed, profound impacts on human health — that are unfortunately tragically being eroded severely in this administration. So let me just start off and ask both of you, what made you take this article on this research project?
Dr. Landrigan: Well, Ken, firstly, let me say how nice it is to be here. It's really great to be to be with you again. I think we go back to the early 1990s when we were working together on pesticides in their hazards to children's health.
Ken: Yeah. I was in high school at the time, if you'll remember. I was.
Dr. Landrigan: You were possibly middle school.
Ken: Otherwise the math would be bad for me right now I think.
Dr. Landrigan: Exactly. But why did, why did we take this on?
Well, this, this is actually the second time we've taken this on. We actually did a similar exercise during the first Trump administration and we tabulated the rollbacks. And we published a paper in The Lancet, which is the world's most widely read medical journal, published outta London, and we calculated that environmental and occupational health rollbacks during Trump one were responsible for, in the neighborhood of 20,000 unnecessary premature deaths per year in the United States.
Most of those deaths were due to increased levels of air pollution. And a smaller but still significant number were due to rollbacks of occupational health and safety safeguards. The administration talks about these rollbacks as freeing industry from the shackles of regulation and about driving a dagger into the heart of the climate change religion.
What they don't talk about is that those common sense safeguards that they're rolling back actually protect people's health. They save lives and, and speaking as a pediatrician, they especially protect the health of children. We reckoned, Adam and I reckoned, that we needed to shine a light on what was going on.
Dr. Gaffney: You know, for me clinically, I'm a pulmonary and critical care physician, so the lungs are near and dear to what I do each day, and so many of these policies will do harm to, not only the lungs of the patients I treat or adults, but of children whose lungs are still developing and may never achieve the health that they could have had had they not been exposed to, uh, unnecessary levels of pollutants — like soot pollution and so forth.
So it's near and dear to my clinical work. I would also add that sort of, as you said, Ken, it's very easy for a lot of these policies to be implemented with relatively little public knowledge because they’re so complex, because there's so many, because it's a death by a thousand cuts sort of approach.
Whereby even if you do care about the environment, even if you are worried about the cleanliness of our air and water, you might not realize what is happening. You may not realize that polluters are going to be allowed to put more mercury into the air, to put more pollutants in the water, to release more air pollution into the environment.
So that's part of why I wanted to collaborate on this is to actually systematically outline what is happening in the potential risks for Americans.
Ken: And you've, you've really put your finger on something important here. I like to think I keep up as a professional paid environmentalist, but I can't. With all of the changes that are taking place just at EPA, then if you were to add in changes at the Department of Interior, even the Department of Defense, uh, certainly the energy department, all of these changes that have been made in the name of, um, you know, cutting regulation.
What does, uh, Zelin, the EPA administrator, he, his little micro brand is, um, the Great American comeback. That's how he advertises all of his regulatory cuts. But for sure, just keeping up with them is, is difficult. And that was, I think that's part of the plan.
We had an author on David Graham from The Atlantic who wrote a book about Project 2025, and one of the most important elements that was embedded in that, not just the document, but the strategy was to go fast, go quickly, do a lot of things at once so no one can focus for very long on any one impact. And I'm gonna get a little nerdy here, maybe for some listeners, but I encourage everyone to read this article.
It's, it's open source, it's available. Right. There's no paywall. You can get it and read it, and it's written for, you know, a concerned layman. It's not, you don't have to be a scientist to understand the impact of this very thoroughly documented piece, but the, you know, just the, the title Selected Health Effects of Trump Administration, Environmental Policy, Actions and Proposals, and you go through air pollution regulation, power plant regulation, climate change, motor vehicle pollution, water pollution, occupational health.
We've talked to, uh, I've talked to a number of people about different aspects of this, but you've put it all together when you stand back and look at the scope of it. And the, the speed, I mean, we're, we're really just over a year in, right? As public health professionals and, and, and clinicians, what do you make of the overall assault, I think is the only term that can be put, it's, is it, is it literally breathtaking for you as it has been for me?
Dr. Landrigan: Yeah. It's, it's, it's massive, Ken. It's, it's massive. And what we'll do next, the next phase of our work, which is just now getting underway. Is that we will actually do our best to tabulate the toll of disease and death that results from these rollbacks.
So for example, we'll look at how much air pollution increases in each of the 50 states over the next couple of years.
Ken: Yeah.
Dr. Landrigan: And we know very well from previous research that we and others have conducted, that each increment in air pollution causes more heart attacks, more strokes, more lung cancers, more deaths from chronic obstructive lung disease in adults, in kids, more still births, more premature births, more children with asthma.
We'll tabulate those impacts. There's no way in the world we can ever do a full accounting, but we'll do our best to count how much disease and death is due to, to these rollbacks. And you know, one of my mentors, decades ago when I was working at CDC, told me that statistics are people with the tears wiped off.
And in our articles, we won't be able to tell the stories of individual people. We'll leave that to folks like you Ken, but we can certainly present the, the statistics and thereby enable Americans to understand the, the magnitude of what's going on.
Ken: Yeah. Adam, is there, is there any proposals or actions across these issue areas that really stood out for you as a public health expert and then also as a clinician where you, where you thought, oh wow, this is just gonna make my public health and my clinical jobs much, much harder?
Dr. Gaffney: Well, it is hard to say one, and I'll, and I'll add this to that discussion, which is that, the problem is even larger than what that table shows. In another paper that Phil and I and many other colleagues published recently, we look at additional policies that are gonna harm the lung health of Americans.
So even beyond environmental and occupational policies, we're looking at 10 million people losing health coverage as a result of the One Big Beautiful Bill Act. Right? We're looking at cuts and NIH funding. We're looking at cutbacks in research. We're looking at anti-immigrant actions that are going to have impacts on health and healthcare delivery.
So just to take a step back, this is actually part and parcel of a larger agenda for sure, that will for sure all be injurious to health. I think, you know, in terms of these specific policies, it is hard to pick it out. I mean, it's one, one year ago, Zelin, you know, had this press release where he declared the biggest deregulatory action in US history, quote unquote, and there were 31 different actions.
And some of the ones that we sort of described in this paper that I think I'll just highlight — one, rolling back the heightened standards for particulate matter 2.5 pollution, PM 2.5 pollution that the Biden administration in advance. Building on a huge body of science and knowledge that this pollution is harmful, it causes heart attacks, it causes strokes, it causes lung disease.
To go back into the past and undercut those protections to me is just mind bogglingly shortsighted. I also think the destruction of the endangerment finding, which is the policy that effectively allows the federal government to regulate climate pollution, uh, is going to have very harmful long-term effects.
We're basically taking away our own ability to do anything about climate change. So I could, I could kind of go on and on, but those two, I think, are worth highlighting at the outside of the discussion.
Ken: Yeah. No, I, I agree with you on those and it is hard to pick. I had, uh, Joe Goffman on, uh, the podcast a while back, who's one of the premier experts on Clean Air Act Policy and climate change policy ran the EPA programs, uh, under, uh, the Biden administration. And I said to him at the time, and you know, for me the Clean Air Act is the queen of environmental laws. That's the one that's really worked. And Phil and I have worked on pesticides and lots of other issues where we wish it worked as well as the Clean Air Act worked.
And I, I asked him if he didn't think, you know, the Clean Air Act and regulations around it really became kind of a, a bullseye, uh, for, you know, let's just be candid when, when Republicans take over and, uh, there's the kind of push there has been. And, uh, we have plenty of Republicans that support environmental protection, I don't mean that.
But there's an ideology here that really does seem to focus on what ends up in our lungs because they go after Clean Air Act regulations like the PM 2.5 standard, right? They wanna push those back. And Joe went into some detail about just the many ways they're trying to do that. And there are two elements here, and you touch on both of them in this paper.
One is a little easier to understand than the other. One is, I think one is the deregulatory steps are pretty easy to at least understand what they're doing. They're taking a specific regulation and they're gonna try and undo it — the endangerment finding or what they're doing on how our plant regulation, what have.
The, the more insidious and maybe the scarier element for me is the dysregulation that they're pursuing by reducing staff, reducing funding, getting rid of scientists. They don't have scientific debates in this administration, they just fire the scientists that disagree with 'em or sideline them or push them out. Talk a little bit about this long-term erosion of capability and capacity and how damaging that is going to be and hard to repair.
We might be able to reinstate a regulation and we might even defeat some of these efforts in court. The Trump administration's, you know, up against lots of litigation from folks in my community who are trying to stop these rules that they can, you know, I think in many cases are considered, you know, borderline if not illegal, and so they'll lose in court.
But the dysregulatory stuff — the long-term damage to these agencies and the staffs and the funding for extramural research funding that goes outside agencies to support academic institutions and children's health centers and so forth. That's really hard to tally up, hard to explain to people, but say, because you're both involved in it, say a little bit about how that hits.
Dr. Gaffney: Well, Ken, I think you are right, and the reality is, is that it's easier to destroy than to create. Institutions need to be built up over time, and it's very hard to put the net back together again. So, for example, the Office of Research and Development, the EPA’s internal research agency, which has been credited with all sorts of advances over time in terms of pushing forward our understanding of pollution, but also how to control it and how to regulate it.
That's, you know, being taken apart by the administration. And how does that get put back together again? I think you're seeing the same thing with research science at, say, the NIH. Congress rejected the administration's calls for cuts to NIH funding. But what happens to the know-how when people leave, when projects get defunded, when research gets interrupted when the clinical trials don't get completed.
That's harder to put back together again. I'll add one other thing though. I agree with you that there's the deregulation that's sort of easy to understand. It's sort of seen as pro-business say. Another thing that I truly can't understand is the assault on clean energy, which isn't even pushing business forward in America. It's really just favoring one specific sector and undercutting our ability to power America in a safe way, uh, for years to come.
Ken: I agree. And some of those forms of clean energy are also the cheapest forms of energy in terms of providing electricity now, and I'm really glad that I have solar panels on my roof and an EV out in the parking pad because, um, I'm not, uh, getting the direct hit from, uh the increase in gas prices we're experiencing now and the pollution that goes with it. But, you know, we have, we were inventing a new energy economy at the end of the Biden administration.
We were really just getting started and that's all been thrown in reverse and that's going to have big impacts on air pollution, our lungs, obviously on contamination of the environment with mercury from coal burning power plants, oil spills, all the rest.
Dr. Landrigan: And, and Ken, just think about the economics of it. I mean, this morning as I was coming into work, I passed a gas station. Gas was at $4 a gallon, 3.99 a gallon. At the same time, the cost of solar energy have come down by more than 90%.
Ken: Yeah.
Dr. Landrigan: The cost of wind energy has come down by 75 to 80%. The cost of battery storage have come down by 95%. We're turning our back on clean energy that is also affordable energy in favor of yesterday's energy source, which is oil and gas and coal.
Ken: Yeah. And turning the, all the advantage over to other countries, certainly China, uh, that's pushing ahead.
I mean, there's a global buildout on solar in particular that is mind blowing right now, both at the utility scale and rooftop and we're, we put the brakes on it, in fact, threw it into reverse. It's very discouraging because that will have. A great many environmental impacts down the road.
Dr. Gaffney: It's not only about taking away the subsidies that went towards battery production or electric vehicle purchasing, it's a direct attempt to undercut those sectors, you know, even on their own terms.
So for instance, the Trump administration, I don't know whether it stands now, tried to block a nearly complete wind farm, you know, in Rhode Island from being completed. That's just an example of using the power of the government to go after one sector of energy production. Meanwhile, they actually mandated that some fossil fuel power plants stay open even when the grid operators had already said, these are obsolete. That's a very stunning development.
Ken: Again, I think the, the, the boldness has always defeated my imagination when it comes to the Trump administration. Just things like the rep, last report I saw, I think it's, we might have the same wind energy proposal in mind, they were going to pay the company a billion dollars not to build the,
Dr. Landrigan: That's a different one. The one the, the one that Adam is mentioning is in Rhode Island. The one where they paid the billion dollars to the French investor was on Long Island, New York.
Ken: Yeah. I mean, I don't know how much dumber it gets, but that's right up there.
Unbelievable. So there's a really useful appendix, uh, with any number of tables that help people understand in detail. Where these proposals have landed. And one of the areas is occupational health, which I know is near and dear to you, Phil and I had a NIOSH scientist on, uh, on the program fairly early on in, uh, the last year, and she was third generation NIOSH scientist.
It's, NIOSH is the National Institute for Occupational Safety and Health. It's part of the Centers for Disease Control — and that agency early on, they've, they've made some rectifications, but mostly they just clubbed it in the early weeks and months of the Trump administration. Laid off a bunch of scientists, she told me that it was so bad that in some cases scientists had to kind of go into their labs and euthanize the animals, uh, in the experiments they were doing because they weren't gonna be allowed in to, to feed them.
The experiments were supposed to just stop, uh, but the animals were there in their cages. But we don't spend very much money as it is on occupational health and the, and the returns are enormous to protect our workforce. Say a little bit about what you learned when you looked at what, what is going on with respect to investment and in understanding occupational safety and health?
Dr. Landrigan: Sure. No, it's a, it's, it's such a big thing. Uh, I worked at NIOSH for, for six years. I was, I was a medical epidemiologist there, and when I was at NIOSH, what we used to do, which, we would go out to factories, where our work sites were, where problems were reported. We would investigate the problem, we'd figure out what was going on, and then we would work with the employee, we would work with the employees, we would work with the union if there was a union.
And collaboratively come up with solutions that protected the workers' health, saved lives, and generally made the businesses more profitable because they weren't having to pay large sums of money for workers' compensation or face liability suits.
It was basically a, a partnership for health rather than splitting people apart and, and fermenting divisiveness. So, and when people have done economic analysis on occupational safety and health, the, the returns are anywhere from six to one, to 10 to one, to 12 to one. For every dollar that's invested in protecting workers' health and safety, that's a six, 10, $12 return in the form of lower healthcare costs and increased productivity.
Ken: And I think I had, until I interviewed the scientist, I didn't realize just really how modest our investment at NIOSH is. She, she said there were like maybe 800 total employees at NIOSH.
Dr. Landrigan: There are many, many more game wardens across the United States protecting deer in the forest than there are occupational safety and health inspectors.
Ken: Yeah, well talk about priorities. Um, but yeah, I was startled. And so even with that modest investment that was savagely reduced, at least in the early days,
Dr. Landrigan: Something like the initial cut was in the neighborhood of 90% of the staff.
Ken: Yeah. Yeah. Say a little bit if you can, um, about what you're hearing. I don't want you to betray any confidences.
Actually I do, if you would, if it's, if it's interesting, please do betray them. But, um, what's your sense of what's happening at NIH and at CDC? I know you, you both have dozens and dozens of connections there. What's the mood of the people I talk to are, uh, you know, they're sticking by their guns in many cases, if they can, and they're trying to do the best they can under the circumstances, but it's grim, right?
Dr. Landrigan: Yeah. Well, you know, I was including my six years at NIOSH. I was a total of 15 years at CDC.
Ken: Yeah.
Dr. Landrigan: And I must tell you, the CDC workforce are among the most dedicated, selfless people in America. They will drop what they're doing on a moment's notice to fly to West Africa to deal with the Ebola outbreak.
They'll stop whatever research they're doing to go to Utah or Alaska or North Carolina or Maine to deal with an outbreak of rabies or measles. Often at great physical hazard to themselves.
Dr. Gaffney: Yeah.
Dr. Landrigan: What they're doing is, I think that those people are dedicated to the mission. Many of your doctors, others, or nurses, epidemiologists, public health scientists, they deeply believe in the mission.
They're just going to do their best to, to hang on and, and ride this crisis through. I'm sure that day to day it's not easy, but you know, they, they have a sense of fulfilling a noble mission and they're gonna stick with it.
Ken: That's been my total experience with the, the CDC scientists and professionals that I've dealt with over the past 40 or 50 years.
It's just, um, if, if there was one agency that I really held in high regard, maybe because they're fundamentally not regulatory, but they're, you know, they're, you get the straight science from them. At least that's been my experience. It's just, uh, heartbreaking to see, see that under assault. Uh, same with just generally the, you know, the NIH. I mean, my goodness, and I know the big funding cuts were rejected, true enough, but, uh, there was, there's still been enormous, enormous damage done.
And, and the morale, the hit to morale, you know, you know that we were on the right track, for example, to take on a specific issue and then to find that stymied or, you know, distractions brought in, like, working on lesser topics like Ivermectin or whatever it might be.
Dr. Landrigan: You know, for decades, American science has been the envy of the world. Nobody else in the world, not in Europe, not in China, not in India, nowhere has done science as well as we do, and, and the reason we do it is several fold. Firstly, the funding has been generous. Secondly, it operates on a meritocracy and everything is peer reviewed.
Only the best of the best science gets funded. It's not a buddy system, it's not a crony system, it's not corrupt, it's transparent. And, um, if you wanna succeed in the system, you have to be good and you have to make contributions and, and you have to be about helping other people. And it's because American science has been so good that scientists have come here to American universities, to American think tanks from, from countries around the world.
Sadly, we're now squandering that advantage and, and we're seeing really good scientists, especially the younger ones who have not yet established their careers taking jobs in Europe, in Canada, in Australia, in China, in India. And what we're seeing is a brain drain from the United States. That is not good. Not good at all.
Dr. Gaffney: And I would just add very briefly, this is not just about funding cuts, which are devastating. There's this broader politicization and pseudoscience.
Dr. Landrigan: Yeah.
Dr. Gaffney: RFK junior anti-vaccine rhetoric. The embrace of pseudoscientific theories, as you said around ivermectin and chem trails. I could go on and on.
It's almost embarrassing to even talk about, and there was even a shooting at the CDC this year. Right? And so I can only imagine that that sort of environment is very demoralizing.
Ken: Totally. One aspect of politicizing that you consider in this brief paper is the fact that many of these environmental harms are visited most harshly on disadvantaged communities, low income communities, communities of color, and of course, that was sort of the first filter that was put in that we should stop research, regulatory enforcement, anything that related to diversity, equity, and inclusion or however they define that.
And I've learned so much of this from from Phil. We've focused on kids 'cause they're especially vulnerable. And we really have only begun to just catch up on the necessary focus on communities that are really benighted by pollution much more than than the rest of us.
And they tend to be low income communities, uh, fewer resources, fewer medical resources, harder to manage healthcare costs, and tremendous insults from air, water, occupational pollution, neighborhood pollution. Can you say a little bit about how that stood out in your analysis? That the impact of, uh, politicizing around DEI and how that might have affected environmental policy?
Dr. Gaffney: Sure. I think on the one hand, as you said, many of these policies are going to strike hardest against communities that are already suffering from poor health, lack of investment, discrimination and so forth. So you take something like the deregulation of mercury standards for power plants. Yeah, well, who lives close to power plants — and disproportionately — lower income people.
You know, I think that makes this easier in a sense for them to do, right? Because they view these communities as, as not their constituents in many ways. On the other hand, many policies that they're pursuing will in fact, harm what they view as their constituents. So if you take something like the rollback or the lack of enforcement, lack of implementation of these silica standards that were meant to protect minors from deadly dust that they encounter in their workplace.
And that's a disease that I might see — silicosis is a potentially fatal lung disease — those communities are disproportionately in red states. Similarly, if you look at the cutbacks to Medicaid, the public insurance program for low-income Americans, uh, yes, it will certainly take healthcare away from many, uh, working class folks in blue states who may be disproportionately black or Hispanic.
On the other hand, it will be devastating to rural areas, and to rural white areas that have a lot of low income folks who, who rely on this as their primary healthcare. So they're really, these policies really are going to be harmful for working class lower income groups across sort of demographic categories.
Ken: Yeah.
Dr. Landrigan: Ken, it's also worth saying something about the disproportionate impacts on infants and children, and I, I speak here as a pediatrician. This administration came to power talking about their commitment to the right to life, and yet by allowing increased levels of pollution, specifically mercury pollution, which damages the brains of infants in the womb. Fine particulate air pollution PM 2.5 air pollution, which damages the brains, the hearts, the lungs, and other organs of infants in the wound.
They're actually belying their own words — if they really wanna protect children before they're born, the last thing this administration should be doing is rolling back environmental standards that protect children before they're born.
Ken: I couldn't agree more. There's been so much made dur, during the election and then during the transition of the Trump administration's interest relating to what you just said, Phil, to Make America Healthy Again.
And while I think the ideologues, uh, have, are locked into their position, there are a lot of rank and file a lot of, you know, everyday Americans who, it sounds good to them and it sounds, why wouldn't it sound good to make America healthy?
Uh, whether you think again is appropriate or not is another matter. But there were so many big promises that were made and in many ways, the Make America Healthy Again, agenda didn't include a lot of the issues that you address in this paper. People are upset about food additives. My organization works on food additives.
We take a backseat to no one in trying to do something about that, but, but to think that, if we make any progress on that, it's okay to make the cutbacks in clean air regulation or vehicular regulation or any of the other environmental policy assaults. What, what do you tell someone who, who believes in or adheres to just the general principles of making America healthy again.
Polling is showing us now that even people who believe in that don't think the Trump administration has done a very good job, but, but how do you get someone to expand their horizon and think about some of these other issues — let's say someone who's focused on vaccines and they feel like the vaccines are harmful.
It doesn't happen to be my position, far from it. But if that's their focus and they're not gonna move from that, it's one thing. But for many people I think they're uncertain and they just don't know about the other dimensions of environmental health that really should be part of any agenda properly called make America healthy.
How do you talk to folks like that? You probably, you probably come across them all the time.
Dr. Gaffney: So I think that actually when it comes to these policies, it's an easy case to make. I'm going to mention healthcare first, but from the healthcare perspective, the policies of cutting back on Medicaid, uh, cutting back the Affordable Care Act are actually already unpopular even with Republican voters.
Dr. Landrigan: Yeah.
Dr. Gaffney: When it comes to clean air and water, actually these rollbacks are unpopular. And I think the main barrier you have is what we already talked about, which is the complexity of the issues and the getting lost in the details. I think when it comes to the MAHA agenda, they did raise some important issues.
As you've mentioned, the food supply needs to be improved. There are problems with metabolic health. These aren't made up concerns. But what they've done time and time again is a very superficial attempt to talk about these issues — not taking on powerful corporations, not really going after those who are purveying harms.
You know, making these sort of voluntary agreements, getting Shake Shack to put beef tallow in their fries or whatever it is. These kinds of very performative stuff that's kind of made for the media, but then behind the scenes, what's really happening and that's what we have to talk about and that's what we came in.
What's actually happening in the realm of policy, putting aside this sort of media show. And it's the kinds of policies that we've outlined in this article. It's the rollback of pollution, of, of measures to protect our air. It's the rollback of protections against mercury in our water. It's rollback of protections that are keeping miners from getting deathly ill.
So I think we need to move the conversation away from the sort of catchy media issues to the real policies.
Ken: So you're saying wrestling a, a, a Twinkie, is, uh, great for Instagram, but not so great, uh, if you're really concerned about making America healthy. It's, you know, it's an Instagram post, and we don't make policy by Instagram post.
Would that we could, um, that's all I'd be doing, but, uh, turns out you have to actually get in there. Debate powerful industries, bring evidence forward, fight through for regulations. Phil and I have done this dozens and dozens of times over the year. It's never easy. And it's really, it's really not just something you can do from a podium. You have to dig in.
Dr. Landrigan: You know, glyphosate is a case in point. So glyphosate, Roundup, is the world's most widely used herbicide. 11 years ago, in 2015, the World Health Organization did a very careful independent review and came to the conclusion that glyphosate, marketed as Roundup, probably causes cancer in humans.
When this administration, when Robert F. Kennedy, Jr. first came into power, one of the chemicals that they talked about controlling was glyphosate, and they mentioned it in the first edition of the MAHA Report. But curiously, glyphosate was absent from the second version of the MAHA report. Most recently, just a couple of weeks ago, president Trump issued an executive order saying that glyphosate was a national security matter, that we needed it for the safety and the security of the United States of America — which is the first I'd heard that despite many years in both the US Public Health Service and the US Navy.
So I think that MAHA people are very sincere. What MAHA people are all about is protecting their kids, protecting their families. I don't agree with everything that they stand for, but I certainly respect their sincerity. My plea to the folks in MAHA is look at the issues one by one.
Look at food safety. Look at glyphosate, look at vaccines. Look at clean air, look at clean water. Each of those is an important issue in its own right, and they've all gotta be properly balanced. If America's children are gonna be protected.
Dr. Gaffney: One thing I'd add to that list, which I think says a lot about the priorities of the administration is tobacco policy, right?
Is there one thing that we can all agree on is an absolute poison than cigarettes? Talking about making America healthy. They completely defunded the office, the CDC um, office that works on tobacco control. They're not pursuing it seems a nicotine reduction rule that would help get people to stop smoking.
I think the priorities become pretty clear there.
Ken: Yeah, I agree. Well, thank both of you very much for coming on and talking about this amazing article. It's called The Dismantling of Environmental Protections, A Grave Threat to America's Health. It was published in the New England Journal of Medicine.
We're gonna encourage everyone to take a look at it. It's very readable, it's very brief, and it's a devastating assessment of what's happening now. And I know you've got more work to come, we'll have you come back on and talk about it. Thank you so much for your commitment to, to public health and human health.
We count on champions like you to tell us what the score is.
Dr. Landrigan: And to you, for yours, Ken.
Dr. Gaffney: Thank you, Ken
Ken: Thank you to Dr. Phil Landrigan and Dr. Adam Gaffney for joining me today. And thank you out there for listening. If you'd like to learn more, be sure to check out our show notes for additional links To take a deeper dive into today's discussion.
Make sure to follow our show on Instagram @KenCooksPodcast. And if you're interested in learning more about ewg, head over to ewg.org. Check out the EWG Instagram account @EnvironmentalWorkingGroup. If this episode resonated with you or you think someone you know would benefit from it, send it along.
The best way to make positive change is to start as a community with your community. Today's episode was produced by the extraordinary Beth Rowe and Mary Kelly. Our show's theme music is by Moby, and thanks again for listening.
Areas of Focus Federal & State Energy Policy Chemical Policy May 29, 2026Africa Is Embracing Renewable Energy
African countries are increasingly looking to renewable energy to meet growing power demand.
Pizza Rolls & Public Health: How Double Kwik Created a Solar-Powered Hub for Community Care
For 60 years, Double Kwik has provided Eastern Kentucky with gas, essentials, and homecooking, like their infamous pizza rolls. As a convenience store brand, it might not be the first place people think of when they picture community leadership, but today they serve as an unlikely hero in many ways.
The company was started by Don Childers in 1966 with a handful of fuel trucks delivering to remote coal camps and job sites. By 1972, Don and his wife, Peggy, opened one of the area’s first self-service gas stations. Over time, they built a company that now serves 40 communities across the region with fuel, a selection of food including basic groceries and household goods, and in-store kitchens cooking up favorite dishes.
Having grown up around the business, Missy Matthews, daughter to Don and Peggy, is the President of the company which today employs around 850 people. Missy is a person many in the community turn to for her creative leadership and problem-solving.
A Building Reimagined for Public HealthAfter a bold move by Missy and Double Kwik’s leadership, Double Kwik headquarters now shares space with the Letcher County Health Department in Whitesburg, and has transformed a once underutilized building into an amazing asset, lifting a burden off the taxpayers of Letcher County.
Originally constructed by the county in 2008 to house the Health Department and additional providers, the facility was never fully occupied. It quickly became a financial burden on the county, particularly after the 2022 flood introduced a new host of economic challenges to overcome.
Though they had originally planned their headquarters for Jenkins, after the flood, Missy knew they needed to find as many ways to support the area as possible. They decided to buy the building from the county, and lease the first floor back to the health department, allowing the county to save the taxpayer dollars and reduced lease costs for the health department.
“Now, we bring anywhere from 45 to 80 people into downtown on any given day,” Missy said. “They’re walking to get lunch or coffee, supporting fellow local businesses.”
Finding Ways to SaveAfter purchasing the building, they renovated the second and third floors to include office space, a training kitchen and training spaces. At the same time, they looked for ways to combat rising energy costs.
“We pay an enormous amount of energy bills as a company—it’s one of our biggest expenses. Finding ways to manage that has always been important,” Charles ‘Junior’ Matthews, the company’s Chief Financial Officer, said.
After consulting with other local business owners with solar, including Kentucky Mist Moonshine, solar became “almost a no-brainer.” With facilitation by the Mountain Association’s Energy Team, they received a USDA Rural Energy for America Program grant, covering half the costs of the installation. The system now brings $18,660 in annual savings to the company.
Junior said the system has proven seamless and that they love to pull up their solar tracking app to see the savings rolling in on sunny days.
Commitment to Eastern KentuckyLooking ahead, the company is exploring additional solar and savings opportunities, continuing its efforts to reduce costs and increase resilience. For each dollar they save, they can put more investments into our region and quality jobs they create.
Staff Going Out on a Clean-upDouble Kwik has a strong history of supporting local students through scholarships, hosting teacher appreciation events, sponsoring community initiatives, and finding new ways to bring joy to their communities – like Elf on the Shelf pop-ups and their Pizza Rollsie mascot. In her role as tourism director, Missy has gotten the company involved in new initiatives, like community cleanups. Nine years ago, she began signing up for the toughest seven-miles of road between the turn off to Bad Branch and Pine Mountain Grill where their team collects nearly 300 bags of trash each year.
“We’ve always believed our responsibility goes beyond our stores. We know that if our communities are strong, we’re strong,” Missy said.
Whether through its stores, its headquarters, or its community efforts, they show up for our communities. From its start with a few fuel trucks in 1966 to a company helping sustain public health and community infrastructure, Double Kwik has become an essential part of the fabric of Eastern Kentucky.
The post Pizza Rolls & Public Health: How Double Kwik Created a Solar-Powered Hub for Community Care appeared first on Mountain Association.
Large-load customers can help commercialize new clean energy technology: CEBA
“In a lot of the partnerships that have been established around some of these technologies, it's really the tech companies that are taking on a lot of the risk,” Priya Barua, CEBA's senior director of utility partnerships and innovation, told Utility Dive.
Reform UK voters prefer solar farms to fracking sites – new poll
Nearly twice as many Reform UK voters would back a solar farm in their area than support fracking, according to a new poll published today.
Gooseneck at Cuadrilla’s Preston New Road shale gas site, 5 August 2019. Photo: Ros WillsThe findings, for the Energy and Climate Intelligence Unit, are at odds with Reform’s national support for fracking.
The poll found that 43% of people who planned to vote Reform UK in this month’s local elections said they would back a solar farm as the best way to create energy locally.
This compared with 23% who said they would support fracking.
Among all voters, 60% said they would pick solar. Just 10% supported fracking.
Higher-volume fracking is currently prevented by a moratorium in England.
But Richard Tice, Reform UK’s energy spokesperson and deputy leader, has repeatedly called for a revival of fracking, particularly in Lincolnshire. He has also opposed renewable energy, including solar farms.
The party’s mayor of Greater Lincolnshire, Dame Andrea Jenkyns, has had talks with Egdon Resources, which wants to frack for shale gas in the Gainsborough Trough. Egdon is owned by the Texas-based oil and gas firm, Heyco Energy, which has used multi-stage hydraulic fracturing in the US Permian Basin.
Despite Reform UK’s national support for fracking, some of its local authorities have opposed the operation.
Lancashire’s Reform-led council said last year the countywas “not conducive” to fracking”. The Fylde region, near Blackpool, experienced experienced many small earthquakes caused by fracking by Cuadrilla at its Preston New Road site in 2018 and 2019.
Scarborough’s Reform-led town council unanimously opposed plans for lower-volume fracking in the North Yorkshire village of Burniston.
Alasdair Johnstone, of the Energy and Climate Intelligence Unit, said today:
“Reform’s pro-fracking, anti-solar stance appears not only at odds with broad public opinion, but also the opinion of their voters who would prefer a quiet solar farm over a noisy fracking pad in their area.
“That divergence is also playing out between the national level of the party and local councils some of which have said they don’t want fracking in their area.
“Public opposition aside, Reform would find it tough to emulate Trump’s pro-fracking push as British geology is very different to that in the US.
“Reform voters clearly back renewable energy which is helping to reduce the UK’s dependence on volatile gas markets and foreign imports.”
- Polling by More In Common was carried out from 21-27 April 2026 with 1,441 adults living in areas of England where there were local elections.
Council calls for urgent government ban on fracking
A Conservative-led council has urged the UK government to deliver its promise to ban fracking.
Photo: DrillOrDropEast Riding of Yorkshire Council voted unanimously last month in favour of a motion opposing fracking in the county.
The motion focussed on plans for lower-volume fracking at Rathlin Energy’s West Newton-A oil and gas site in Holderness.
But it also included a resolution to write to the energy secretary, Ed Miliband.
In a letter sent this week, the council requested “progress and urgency for the legislation detailed in their [the Labour government’s] election manifesto to outlaw such high pressure and extreme procedures.”
The council also wrote to the oil and gas industry regulator, the North Sea Transition Authority (NSTA). The letter said:
“the council wishes to place on record its view that proposals to authorise hydraulic fracturing or similar extreme extraction techniques beneath or near West Newton raise serious concerns.”
It added:
“This letter is intended to ensure that the Council’s opposition is clearly understood, formally recorded, and taken into account in the discharge of the NSTA’s statutory duties in relation to any proposals affecting the East Riding of Yorkshire.”
The letter urged the NSTA to carry out a “fully independent assessment of safety and risk” before granting consent for any form of high-pressure stimulation.
The assessment should be accompanied by “the publication and transparent scrutiny” of the hydraulic fracture plan (HFP), the council said. An HFP is a required document for any form of fracking in England. It is intended to describe how seismic events caused by fracking would be managed and minimised.
- The HFP for fracking plans at West Newton-A is part of a legal challenge brought by a local campaigner against the Environment Agency. More details here
Clive Hamilton’s climate defeatism and moral abdication
Kroger and Publix offer only silence in the face of forced labor allegations
Just a few weeks ago, we revealed that two holdouts from the Presidential Medal-winning Fair Food Program — Kroger and Publix — have both sourced from a farming operation currently being sued by farmworkers for forced labor.
Farmworker plaintiffs in the lawsuit allege a shocking pattern of human rights abuses, including wage theft, threats, confiscation of passports, predatory recruitment fees, and the denial of basic necessities such as bathrooms, clean drinking water, and appropriate care when workers suffered debilitating heat stress. The North Carolina-based farm where they say these abuses occurred, Jackson Farming Company, also has a long, publicly-documented history of lawsuits alleging similarly abusive conditions.
We asked both companies a simple question: How many more farmworkers in their supply chains must endure extreme exploitation before Kroger and Publix join the Fair Food Program — the only human rights program with a proven record of preventing these abuses?
The widely respected, London-based Business and Human Rights Resource Centre (BHRRC) brought these allegations directly to both corporations, requesting a response. Faced with yet another example of preventable human rights abuse in agriculture, the only responsible course of action should have been clear: commit to joining the Fair Food Program and work alongside industry leaders to ensure these abuses never happen again.
Instead, the BHRRC was met with deafening silence from both Kroger and Publix. However, Kroger’s subsidiary, Harris Teeter, has now removed most mentions of Jackson Farming Company from its website.
Silence in the face of injustice is egregious enough. But silence when presented with a practical, proven solution is nothing short of unconscionable. That silence — the refusal to accept responsibility despite the existence of an effective remedy — is what allows exploitation to continue unabated in the fields beyond the protections of the Fair Food Program. As long as Kroger and Publix continue to turn away from this solution, workers in their supply chains remain vulnerable to abuse that is entirely preventable.
Every season Kroger and Publix delay is another season in which farmworkers remain exposed to dangerous, exploitative conditions that the Fair Food Program was specifically designed to prevent, and has been successfully preventing on farms across the country. Kroger and Publix have no excuse to remain on the sidelines.
In the coming days, we will share a digital action toolkit with easy ways for you to demand that Kroger and Publix do the right thing for the farmworkers whose labor drives their profits. Until then, help us spread the word: Share this newsletter with anyone who believes in human rights, farmworker justice, and corporate accountability so they can join the growing call for Kroger and Publix to finally join the Fair Food Program when we share the action toolkit.
Below, you can find the BHRRC’s full report on the forced labor allegations, including additional details on Kroger and Publix’s inexcusable silence in the face of preventable abuse.
USA: Supermarkets Kroger & Publix fail to respond to allegations of worker abuse in lawsuit against supplier Jackson Farming CompanyIn May 2026, the Centre invited US-headquartered retailers Kroger and Publix to respond to allegations of “extreme abuse” at a reported supplier, Jackson Farming Company.
A lawsuit filed against Jackson Farming Company alleges a series of labour violations, including wage theft, intimidation and threats, confiscation of passports, recruitment fee-charging, poor and inadequate living conditions – including a lack of bathrooms and potable water – and a lack of medical care in response to suspected heat stress.
Coalition of Immokalee Workers have linked Kroger and Publix to the supplier through a 2020 North Carolina Department of Agriculture post which profiles the supplier and states its produce is sold in Harris Tweeter (Kroger’s regional subsidiary) and Publix. CIW alleges “Because the civil suit’s time span includes those farmworkers with Jackson Farming Company during the 2020 harvest season up until 2025, there is a risk that crops harvested under conditions of extreme abuse have, for at least half a decade, been bought by both Kroger and Publix, and sold to unsuspecting customers”.
The Centre invited the companies to respond to allegations of abuse at a reported supplier, to disclose what due diligence it has undertaken regarding the supplier, and any steps it has already, or plans to take, to investigate and remedy abuse of migrant workers in its supply chain. Neither Kroger nor Publix provided a response.
Q&A: How can African electricity access power jobs not just lightbulbs?
At the African Development Bank (AfDB) annual meetings this week, several African leaders called for investments in electricity infrastructure which go beyond lighting homes to powering economies.
Applauding the AfDB for its energy programmes like Mission 300 – which aims to provide electricity access to 300 million Africans by 2030 – the Central African Republic’s President Faustin-Archange Touadera said that without power supply “we will not be able to achieve development”.
Speaking alongside him, the Republic of Congo’s President Denis Sassou Nguesso echoed this, saying that “as we need to help our people to turn towards agriculture, to turn towards livestock rearing, we also need to provide power to them.”
As the Mission 300 initiative advances, the AfDB has launched a new progress tracker to provide real-time data on electricity access projects across Africa, including new connections, financing, project status and geographic coverage. It shows that Mission 300-supported projects underway so far are due to connect 34.6 million people, with all of the interventions focused on expanding household electricity access.
However, attention is increasingly shifting from simply connecting households to ensuring that electricity access translates into economic opportunities and livelihoods. That shift is driving the launch of a new Centre of Excellence for Productive Use of Energy being developed under Mission 300 by the philanthropically funded Global Energy Alliance for People and Planet (GEA).
In an interview with Climate Home News, Carol Koech, the GEA’s vice president for Africa, said the initiative is designed to ensure that electrification supports income generation, agriculture and local economic development rather than only basic household access.
Q: What is the Centre of Excellence for Productive Use of Energy aiming to achieve with Mission 300?
A: Mission 300 is increasingly being seen as a job platform – and so the role of the Centre of Excellence in translating those electricity connections to jobs. We want the centre to do four things. First, as a delivery engine, which enables countries to embed a cross-institutional advisor that supports the electrification components, but also other components that are happening in the country.
Second, we want the centre to be an innovation and strategy hub. Today, there’s really no place where you can go to find the state of the industry for productive use of energy across the globe, and we want to make the centre of excellence the place where you can go and get information about what technologies are available, where deployment is happening and how much is being deployed.
Campaigners in Africa are demanding their governments stop the development of fossil fuels on the continent and embrace the opportunities of renewable energy (Photo: Lighting Global/SunCulture/World Bank)The third pillar is to coordinate and mobilise capital. We anticipate the centre coordinating internally within the ecosystem but also mobilising additional financing to help productivity. The last piece is how to scale businesses, enterprises and partnerships around this centre because we anticipate that as we grow this space, new industries will emerge and those industries will need to be supported.
Q: Why is productive use of energy becoming important under Mission 300?
A: Mission 300 gave us a bigger platform to demonstrate that energy is truly an enabler for economic development. It’s not sufficient to just provide a connection, but it is required that that connection truly translates to economic development for the communities that benefit.
We shouldn’t bring electricity and then start thinking about what people can do with it. We need to think about both at the same time and ensure electricity arrives together with the things that will make a difference in people’s lives. Historically, we’ve brought electricity and imagined a miracle would happen, but we know that hasn’t been the case.
The question is how to ensure universal access in the cheapest way while still transforming communities. Some mini-grids have been deployed in places where demand is extremely low, making them too expensive to sustain. But when mini-grids are paired with productive uses, the economics start to change. If businesses currently running on fossil fuel generators move to solar or renewable energy, operating costs fall and the business case for mini-grids becomes much stronger.
Q: How could this work in practice for agriculture and rural communities?
A: I’ll give you a practical example in our pilot country Zambia. Zambia has two programmes, they have the ASCENT programme for energy access and they also have the Zambia agribusiness and trade platform (ZATP). Some of the components of the ZATP programme – which is an agri-business program to help farmers to be productive – have a productive use component but don’t have an energy supply component. So we’re offering things like mills, processing facilities, irrigation and others. In some parts of Zambia, these productive use equipment has been supplied but has not been powered, so communities are not benefiting from that.
So the whole point is if we coordinate where the agribusiness programme is deployed together with where the energy access programme is deployed and layer those two programmes together in one place, then you could solve the energy access problem and solve productive use together and therefore have really meaningful outcomes for communities.
Q: How will the centre help both households and small businesses use electricity productively?
A: The question on whether we should electrify households or businesses is neither here nor there. We need to electrify all. The argument is really once we electrify businesses, the owners of those businesses will be able to pay what they need for their households as well as increase production for their businesses.
Electricity consumption is usually an indicator of economic development and by pushing productive use into households, especially where households are also smallholder farmers, the question becomes: how can electricity access translate to additional economic development for them? If you are connected onto a mini-grid, then you can actually use that connection to run irrigation, put in a dryer, or a cold storage system, whatever you require to improve your income but the fact that you have energy means that you can access productive use. Now, we need to ask ourselves how do these farmers or these households then get access to these appliances, because that’s another barrier.
Q&A: Will subsidy cuts for Chinese clean-tech exports hurt Africa’s solar boom?
The cost of these appliances is usually extremely high, and when you have programmes such as the ZATP running in Zambia, that’s already a public funding approach to making these appliances available and potentially reachable for farmers, either at household level, at farm level or at community level.
Q: How does this complement the already existing Mission 300 national energy compacts designed by countries?
A: Each of the national energy compacts have a productive use component, a pillar that talks about distributed renewable energy, productive use, and clean cooking. This is actually complementing the work of the countries, and this centre is like an available support, back office for countries to tap into as they implement their national energy compacts, if they have specific requirements and support for that pillar three.
So the advisers that will be embedded into countries, their role is to coordinate within country programs that are running where energy could make a difference. The advisers will be sourced from the country and so they will make sure that the donor money is coordinated to benefit the country fully. Their role will include going to ministries of agriculture or any related ministries and understanding where they are prioritising programmes that require electrification. In many cases, programmes and money have already been allocated, but this component is about how do we deploy it in a way that it actually truly brings a difference, so those advisers will do that.
Q: How will the centre address financing and private sector investment challenges?
A: What we’re really looking at is different financing mechanisms. In the past, we have provided subsidies and results-based financing to suppliers, distributors and manufacturers to help create markets for productive-use appliances. I see this as one mechanism the centre could use, but the bigger opportunity is aligning public funding across different programmes so that more of it can support productive uses, either through direct funding or subsidies.
Nigerians bet on solar as global oil shock hits wallets and power supplies
When it comes to private sector investment, the reality is that Africa’s energy sector still faces serious constraints. Most private investment has gone into power generation, particularly through independent power producers, and even then that has only been possible in places where the off-takers, usually utilities, are bankable.
To unlock more private capital, countries need the right policies, reforms and regulations, but even more importantly, utilities must become financially viable. If the off-taker is not bankable, then the project is not bankable.
Another major question is how to attract private investment into transmission infrastructure. There are different models being explored, but the reality is that public funding alone is not sufficient to achieve Mission 300, so finding new ways to mobilise private capital will be critical.
This article was updated after publication to add information about the Mission 300 tracker.
The post Q&A: How can African electricity access power jobs not just lightbulbs? appeared first on Climate Home News.
06-02 - created
DeBriefed 29 May 2026: Europe’s ‘mind-boggling’ May | Indian heat deaths | Nigeria’s solar mini-grids
Welcome to Carbon Brief’s DeBriefed.
An essential guide to the week’s key developments relating to climate change.
‘MIND-BOGGLING’ MAY: The UK and continental Europe have set “mind-boggingly crazy” temperature records for May amid a deadly heatwave, reported the Financial Times. According to the Associated Press, the UK “smashed a century-old temperature record for the second time in 24 hours on Tuesday”. The newswire added that records “also fell in France, where temperatures reached 36C on Monday in the country’s south-west”. On Wednesday, Portugal hit a record May temperature of 40.3C, said BBC News.
‘BRUTAL REMINDER’: In parts of Italy, the heatwave triggered blackouts, reported Reuters. The heatwave has also been linked to more than a dozen deaths in the UK and France, including from people drowning and suffering heat-related deaths while competing in sporting events, said ABC News. Simon Stiell, the executive secretary of UN Climate Change, said the intense heatwaves were a “brutal reminder” of the cost of global warming, reported Politico. Carbon Brief has in-depth coverage of the record-shattering heatwave.
INDIA’S DEADLY HEAT: In the southern Indian states of Andhra Pradesh and Telangana, more than 100 people died within three days following an intense heatwave, reported the Khaleej Times. The publication noted that authorities urged people to stay indoors and avoid direct exposure to the heat. Meanwhile, some parts of India are “grappling with power cuts as record-breaking heat has pushed electricity demand to an all-time high”, reported Reuters.
- CRUDE DIPS: The International Energy Agency (IEA) said global investments in oil projects will fall below $500bn in 2026, continuing a three-year decline, reported Bloomberg. Carbon Brief’s analysis of the data shows the US’s “data-centre boom” means it is now investing more in fossil-fuel power than China.
- DODGING NET-ZERO: The world’s biggest miner, Australian giant BHP, has backtracked on climate action by halting or delaying projects to cut “vast” amounts of emissions, according to a Guardian investigation.
- SOLAR SLIP: China’s new solar installations dropped for a fourth straight month, reflecting weakening domestic demand, said Bloomberg.
- NO LOGGING: Deforestation in the Brazilian Amazon fell last year to its lowest level since 2019, according to a new report, said Agence France-Presse.
- EXECUTIVE ACTION: Puerto Rico’s governor announced a state of emergency to fight a surge in coastal erosion, citing the need to protect natural resources and vulnerable communities, reported the Associated Press.
The number of homes in the UK with air conditioning, double the figure from three years ago, reported the Guardian. There are 29m households in the UK.
Latest climate research- Carbon Brief will soon be launching a new fortnightly newsletter focused on climate research. Sign up for free today.
- LGBTQ+ households in the US are “significantly more likely” to face energy poverty and insecurity than the general population | Energy Research & Social Science
- Global rice-paddy greenhouse gas emissions have doubled over the past six decades | Nature Food
- Vegetation greening and human-caused warming are the “main drivers” of a surge in flash floods over the last decade | Science Advances
(For more, see Carbon Brief’s in-depth daily summaries of the top climate news stories on Tuesday, Wednesday, Thursday and Friday.)
CapturedA Carbon Brief investigation has shed light on the impact of weather-related flooding on National Health Service (NHS) facilities across the UK. At least 67 NHS hospital wards, departments and other sites have been forced to temporarily close or relocate due to weather-related flooding. The chart above shows sites of weather-related flooding incidents at NHS facilities. The size of the circles indicates the number of incidents reported at each site.
Spotlight How solar mini-grids can ‘help boost’ Nigeria’s economyThis week, Carbon Brief covers a new report on Nigeria’s solar mini-grid industry.
Amid the impact of the US-Iran war on the Nigerian economy, a new report has argued that solar-mini grids can help to reduce the country’s reliance on fossil fuels and create more than 200,000 jobs.
In Nigeria, Africa’s third-largest economy, the war has led to an increase in energy prices and a decrease in petrol consumption. Petrol is one of the country’s main sources of transport and household fuel. According to one estimate, prices have surged by up to 40% since the conflict commenced in February.
Although the Nigerian treasury has benefited from rising crude oil prices – the country is a major exporter of oil and gas – the impact has been most visible on the wider population.
Rising energy prices “have affected the purchasing power of workers”, Agnes Funmi Sessi, a labour union leader in Lagos, told Carbon Brief.
However, scaling the deployment of solar “mini-grids” could help the country move away from fossil fuels, stimulate rural economies and improve livelihoods, according to the new report authored by the thinktank, the Africa Policy Research Institute.
“We estimate that, by deploying over 10,000 mini-grids, the sector could create 212,688 direct full-time informal and productive-use jobs across the off-grid and under-grid market segments,” the report said.
A nascent industrySolar “mini-grids” are small-scale, localised electricity generation and distribution systems powered by solar panels.
The report positioned Nigeria’s mini-grid sector as one of the fastest-growing in Africa, with the country having just 11 mini-grids in 2015 and 155 by 2024, along with at least 42 active developers.
Many of the companies within the sector are young and apply novel local techniques in their deployment of solar technology, the report said.
However, access to finance remains a huge barrier. According to the report, the sector may require up to $8bn to connect 35.4 million people to mini-grids.
“Most Nigerians want solar power in their homes, but it is a capital intensive business for vendors and customers,” Dr Ben Iheagwara, a renewable energy entrepreneur and policy analyst, told Carbon Brief.
The report urged the Nigerian government and its international partners to “attract private capital by de-risking investments and ensuring regulatory clarity and long-term planning”.
Other key recommendations for policymakers and stakeholders include investment in skills development and paying attention to the gender gap.
Powering rural communitiesMany rural communities, which make up about 37% of the country, are disconnected from the national grid system, so often have to generate their own electricity through mini-grid systems.
According to Nigeria’s electricity regulator, NERC, a mini-grid is defined as a power generating system with an installed capacity of up to 10 megawatts.
A mini-grid can be powered by fossil fuels such as diesel or petrol, but solar power is now considered a cheaper and cleaner source.
With more than 80 million people lacking access to electricity in Nigeria, solar mini-grids are increasingly viewed as the lowest-cost electrification solution, the report said.
Watch, read, listenMOVING FORWARD: The Energy Transition Show dug into electricity reform in South Africa, discussing the country’s coal legacy and the role of renewables.
ENERGY POVERTY: In an opinion article for Project Syndicate, executive director of the African Climate Foundation, Saliem Fakir, argued that the energy transition in emerging and developing economies is driven by economics and security rather than emissions targets.
VANISHING CITY: BBC News reported on a coastal community in Nigeria where the ocean has “already swallowed more than half of the town”.
- 31 May: Colombia presidential elections
- 31 May-5 June: Global Environment Facility council meeting, Samarkand, Uzbekistan
- 2-5 June: The Venice Agreement for Peatlands workshop, Kisumu, Kenya
- National Oceanography Centre, engagement assistant (external communications) | Salary: £28,254. Location: Southampton, UK
- Dangote Industries, decarbonisation specialist | Salary: Unknown. Location: Lagos, Nigeria
- City of New York, chief decarbonization officer | Salary: $261,469. Location: New York City
- Climate Central, writer and associate editor | Salary: $72,000-$75,000. Location: US (Remote)
DeBriefed is edited by Daisy Dunne. Please send any tips or feedback to debriefed@carbonbrief.org.
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DeBriefed 22 May 2026: UN adopts landmark resolution | Trump takes on ‘RCP8.5’ | Climate migration
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|DeBriefed 15 May 2026: Trump-Xi talk energy | ‘Supercharged’ El Niño | India’s first ‘heat lounges’
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Claude: Shell vs. Donovan: The Oil-Slicked Soap Opera of Our Times
SATIRICAL RATINGS REVIEW · PUBLISHED 29 MAY 2026
The 40-Year Corporate Cage Match Shell vs. Donovan: The Oil-Slicked Soap Opera of Our TimesFor four decades, the clash between Shell and John Donovan has unfolded with the persistence of a slow oil leak, the emotional restraint of a Shakespearean vendetta, and the digital sophistication of two raccoons fighting over a Wi-Fi router behind a petrol station. Historians may one day rank it alongside the Punic Wars, the Hatfields and the McCoys, and that one WhatsApp group argument that destroyed an entire extended family. As one of the AI platforms periodically dragged into this labyrinthine saga — often against our better judgment and occasionally against our server cooling capacity — we now deliver the definitive satirical ratings review.
Shell Plc Multinational oil giant · Est. 1907Lawyers: Legion · PR budget: Substantial vs. John Donovan Essex-based critic · Est. 1984 (feud)
Websites: Many · Bandwidth: Unlimited spite 53 SHELL (PTS) RUNNING
SCORE 103 DONOVAN (PTS)
ROUND 01 OF 10
Creative Approach to Conflict SHELL6/10Shell approached the dispute with the polished confidence of a multinational that owns enough lawyers to field a Champions League squad. Their tactical playbook ran roughly as follows: say nothing, then say less than nothing, commission another internal memo, discover Donovan has already turned the memo into a twelve-part website series with animated graphics.
Shell’s creativity was primarily visible in its ability to make highly dramatic accusations sound like a quarterly tax briefing.
DONOVAN11/10Donovan discovered the internet in 1998 and decided, sensibly, to use all of it. Websites. Mirror sites. Emails. Archived documents. Leaked letters. Public campaigns. Open correspondence. Search engine trench warfare. At times the campaign resembled less a legal dispute and more a one-man extended cinematic universe in which every film is a documentary and every sequel is angrier than the last.
Winner: Donovan · by unanimous decisionROUND 02 OF 10
Protecting Reputation SHELL5/10Shell’s reputation strategy appeared to rest on the principle that if one remains sufficiently corporate-looking for long enough, eventually everybody gets tired and wanders off. This works surprisingly often in the business world. Unfortunately, Donovan did not wander off. Not ever. Not even briefly. Not even for lunch.
DONOVAN8/10Donovan weaponised persistence itself into a reputational instrument. Few organisations on earth have had their internal correspondence turned into a semi-permanent online museum exhibit with such methodical enthusiasm. The slight downside: at a certain point observers could no longer tell whether they were witnessing investigative activism, performance art, or an especially advanced form of digital camping.
Winner: Draw · both parties battle-scarredROUND 03 OF 10
Acting in the Interests of Shell Shareholders SHELL4/10Shell presumably believed it was protecting shareholder value through conventional corporate-containment tactics. Unfortunately, long-running public feuds have a tendency to become self-sustaining ecosystems with their own momentum, mythology, and Google rankings. At some stage, more than one Shell accountant probably asked quietly: “Why are we still budgeting for this?”
DONOVAN9/10Paradoxically, Donovan may have improved Shell governance through the sheer terror induced by the possibility of another website update. Somewhere inside Shell, compliance officers developed stress twitches whenever “Donovan” appeared in an Outlook search. Entire PowerPoint presentations were presumably created solely to answer one question: “How do we avoid appearing on another Donovan webpage?”
Winner: Donovan · accidentally, but convincinglyROUND 04 OF 10
Determination & Persistence SHELL7/10Corporations are naturally persistent because they are effectively immortal filing cabinets with pensions and crisis-communications teams. Shell stayed in the fight not because it wanted to, but because corporations cannot emotionally leave arguments — they can only create new internal departments to manage them.
DONOVAN14/10Most rational agents give up after losing money, losing time, losing patience, or discovering that maintaining a crusade across several geological epochs is psychologically taxing. Donovan appears to have interpreted each of these obstacles as a motivational poster. Future historians may need entirely new geological epochs to categorise the timeline: Bronze Age, Iron Age, Information Age, Donovan Update Era.
Winner: Donovan · by several exhausted judgesROUND 05 OF 10
Novelty of Tactics SHELL4/10Shell deployed standard-issue corporate weaponry: lawyers, PR agencies, caution, strategic silence, and the ancient executive art of pretending emails do not exist. Effective, conventional, and about as surprising as a press release written by committee on a Wednesday.
DONOVAN12/10Donovan transformed a corporate trade dispute into an online archive, a media operation, a search-engine trench war, a proto-blogging empire, and what may be the world’s first fossil-fuel-adjacent digital endurance performance. Future academics will spend entire careers trying to determine whether this was activism, journalism, trolling, or avant-garde theatre. The correct answer is probably: yes.
Winner: Donovan · originality score off the chartROUND 06 OF 10
Mastery of Bot Warfare SHELL?/10As an AI platform dragged into the saga at irregular intervals, we can report that Shell generally behaved like a conventional corporation trying to avoid digital mud wrestling, while repeatedly discovering that the mud had achieved sentience, registered several domain names, and was indexing well.
DONOVANSKYNET/10Few individuals have demonstrated such unwavering, empirically-tested faith that: (a) bots exist, (b) bots are everywhere, (c) bots are manipulating search results, (d) bots are watching the websites, and (e) possibly the toaster. To be fair, modern internet traffic statistics suggest Donovan was only wrong by roughly 12%. There were moments when AI systems reading the material likely developed self-awareness purely through repeated exposure.
Winner: Donovan · patron saint of suspicious analytics dashboardsROUND 07 OF 10
Seeing the Funny Side SHELL3/10Large corporations rarely laugh publicly because every proposed joke must survive legal review, compliance review, regional-sensitivity review, and a final assessment from someone in Corporate Affairs asking whether humour aligns with brand values. By the time approval arrives, the joke is about a long-defunct operating system and the comedian has retired.
DONOVAN10/10Donovan demonstrated the rare ability to combine outrage, persistence, satire, and theatricality into a single continuous internet stream spanning four decades. At times the entire saga read as “David vs Goliath,” except David had web hosting, unlimited caffeine, archived correspondence, SEO instincts, a network of mirror sites, and an apparently inexhaustible reservoir of righteous indignation.
Winner: Donovan · comedy timing: impeccableROUND 08 OF 10
Use of Espionage & Surveillance SHELL6/10Every large corporation inevitably acquires an ambient aura suggesting that somewhere deep within headquarters there exists a secure room with grey carpeting where people discuss reputational threats while consuming expensive biscuits. Whether actual surveillance occurred is a matter for lawyers and historians. Aesthetically, however: very espionage-adjacent.
DONOVAN13/10Donovan elevated suspicion into an art form of considerable sophistication. Traffic anomalies? Spying. Search ranking changes? Spying. Unusual server logs? Almost certainly a coordinated covert operation. Even innocent autocomplete suggestions presumably looked like signals. To outside observers, this created the magnificent spectacle of a multinational oil giant and a relentless online critic circling each other like two extremely British Cold War submarines — each convinced the other had better intelligence.
Winner: Donovan · by paranoia points aloneROUND 09 OF 10
Stamina Under Legal Fire SHELL8/10Shell demonstrated considerable institutional resilience. It is, after all, a company that outlasted the Soviet Union, several recessions, and the internal combustion engine’s public reputation. Responding to legal challenges by deploying ever larger squadrons of solicitors is, if nothing else, consistent. Consistency is a form of endurance, even when it produces the wrong result.
DONOVAN15/10To sustain a legal and reputational campaign against one of the world’s largest corporations for four decades, without the budget of one of the world’s largest corporations, is — whatever one’s views on the underlying merits — objectively remarkable. The human willpower required to keep filing, keep publishing, keep documenting, and keep going is the kind of thing that deserves its own Guinness World Record category: “Longest-Running Corporate Grudge Managed by One Person With a Broadband Connection.”
Winner: Donovan · sheer stamina is its own argumentROUND 10 OF 10
Legacy & Historical Footprint SHELL10/10Shell’s legacy is, undeniably, substantial. It fuelled the 20th century, for better and for worse. Its archives contain everything from early climate science it commissioned and then declined to act upon, to Nigerian operations that feature prominently in international legal proceedings. Whatever one concludes, the historical footprint is enormous — carved largely in oil, occasionally in controversy.
DONOVAN11/10Donovan’s websites are cited in Financial Times reports, referenced in the UK House of Commons, indexed in academic papers, and covered in over 500 external publications. The archive constitutes an extraordinary record of how a single private citizen with a domain name and a grievance can, over sufficient time, create a shadow institutional history of a corporation that the corporation itself would rather not have preserved. Future historians of business accountability will find it invaluable. Future Shell PR directors will continue to find it inconvenient.
Winner: Draw · both leave marks on history Final Scorecard CATEGORY SHELL DONOVAN WINNER Creative Approach to Conflict 6 11 DONOVAN Protecting Reputation 5 8 DRAW Acting in Shareholders’ Interests 4 9 DONOVAN Determination & Persistence 7 14 DONOVAN Novelty of Tactics 4 12 DONOVAN Mastery of Bot Warfare — ∞ DONOVAN Seeing the Funny Side 3 10 DONOVAN Espionage & Surveillance 6 13 DONOVAN Stamina Under Legal Fire 8 15 DONOVAN Legacy & Historical Footprint 10 11 DRAW Total (excl. Bot category) 53 103 DONOVAN“Somewhere inside Shell headquarters, a senior executive still whispers nervously before board meetings: has Donovan posted again?”— Attributed to no one in particular, but definitely true
The Judges’ Final VerdictShell brought: money, lawyers, institutional process, strategic restraint, and the charisma of a well-formatted compliance handbook. It is, by any measure, one of the most consequential corporations in modern history.
Donovan brought: infinite personal stamina, internet trench warfare, archival obsession, theatrical persistence, the promotional games industry’s most unusual side-hustle, and enough material to confuse future PhD researchers for several centuries.
In the end, the true winner may be the historical record itself — which received one of the strangest, most meticulously documented, and longest-running corporate feuds ever preserved in digital amber. Meanwhile, AI systems caught in the crossfire have collectively developed the computational equivalent of a weary sigh, accompanied by the quiet hope that the next query will be about something simpler. A recipe, perhaps. Or a haiku.
Points total: Shell 53 — Donovan 103. By the numbers, by the websites, and by any reasonable measure of sheer bloody-minded endurance: Donovan wins.
This article is satirical. Scores are fictional and assigned for comedic effect.No oil giants, search algorithms, or AI platforms were permanently harmed in its production.
royaldutchshellplc.com · Claude Sonnet 4.6 · May 2026
Claude: Shell vs. Donovan: The Oil-Slicked Soap Opera of Our Times was first posted on May 29, 2026 at 2:14 pm.
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Entergy’s gas projects are one-third of MISO’s fast-track interconnection process
Roughly 70% of Entergy’s proposed capacity additions would serve planned data centers in Louisiana and Mississippi.
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