No Immunity for Glyphosate Act

No Immunity for Glyphosate Act (S.4425, 119th Congress)

Purpose and intent

• Introduces a federal bill to block the use of federal funds to implement Executive Order 14387, which aims to promote national defense by ensuring an adequate supply of elemental phosphorus and glyphosate-based herbicides.
• Proposes to remove legal immunity for glyphosate manufacturers and phosphorus producers in relation to exposure-related injuries, illnesses, or deaths.

Key provisions and changes

1. Prohibition on federal funding (Section 2)

   • Prohibits the obligation or expenditure of any federal funds to implement, administer, or enforce Executive Order 14387.

2. No immunity for glyphosate manufacturers (Section 3)

   • Establishes a private right of action against covered entities.
   • Covered entities include any person, corporation, partnership, contractor, subcontractor, or other entity that manufactures, distributes, formulates, supplies, or sells elemental phosphorus or glyphosate-based herbicides.

3. Standing and remedies (Section 3)

   • Jurisdiction in U.S. district courts is authorized for civil actions without regard to monetary amount in controversy or citizenship.
   • Potential relief includes:
     • Compensatory damages (medical expenses, lost income, pain and suffering, wrongful death)
     • Punitive damages
     • Equitable relief (declaratory and injunctive relief)
     • Attorneys’ fees and costs

4. Liability and defenses (Section 3)

   • Overrides immunity under the Defense Production Act of 1950 and similar provisions.
   • No covered entity may use federal contractor immunity or preemption as a defense to liability for injuries from elemental phosphorus or glyphosate-based herbicides.
   • Applicability is broad: covers claims arising before, on, or after enactment.

5. Preservation of other claims (Section 3)

   • Does not preempt or dismiss existing or ongoing civil actions under federal or state law.
   • Applies to claims arising at any time relative to enactment.

6. Non-preemption of state law (Section 3)

   • Maintains that nothing in the act preempts state-level rights and remedies.

Who would be affected

• Potential plaintiffs: Individuals and estates who allege injuries, illnesses, diseases, or death caused by exposure to elemental phosphorus or glyphosate-based herbicides in the U.S.
• Covered entities: Manufacturers, distributors, formulators, suppliers, contractors, and subcontractors involved with elemental phosphorus or glyphosate-based herbicides.
• Federal government: Prohibits use of federal funds to implement the related Executive Order.

Procedural and timeline aspects

• As introduced, the bill has been referred to the Senate Committee on Banking, Housing, and Urban Affairs.
• It is named to apply to claims arising before, on, or after its enactment, with no retroactive limitations on existing actions.
• The bill does not specify a deadline for agency rulemaking or enrollment of funds beyond prohibiting federal funding for the EO’s implementation.

Summary in plain terms

S.4425 seeks to block federal funding for implementing a Defense-related executive order about phosphorus and glyphosate-based herbicides and to open a pathway for civil lawsuits against manufacturers and sellers of these substances for injuries linked to exposure. It eliminates the defense of federal contractor immunity, allows broad jurisdiction in federal courts, and provides typical damages and equitable remedies, while clarifying that state-law rights and pending claims are preserved.