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Giving fossil fuel companies immunity is a dangerous move that should be strongly rejected.
One of Americans’ fundamental rights is under threat: the ability to hold bad actors accountable in court. Across the country, bills aiming to restrict communities from taking corporations and other parties to court over their environmental harm and pollution are moving through state legislatures. Utah became the first state to pass a law all but shutting down communities’ ability to hold gas-emitting polluters responsible for harms caused by their bad actions. Tennessee is poised to be next.
This is part of a familiar playbook. Last month, President Donad Trump signed an executive order that effectively shields pesticide manufacturers—including Bayer, the maker of Roundup—from billions in lawsuits alleging their products cause cancer. Overnight, pesticide producers gained legal immunity. Because the Environmental Protection Agency (EPA) does not classify glyphosate, Roundup’s main ingredient, as a carcinogen, the order now blocks dozens of lawsuits arguing that Bayer failed to warn consumers of the risks—lawsuits Bayer was considering spending more than $7 billion to settle out of court.
The fossil fuel industry wants that same legal carve out. For decades, fossil fuel companies misled the public about the risks of climate change, and are now fighting dozens of lawsuits that could expose decades of deception. Instead of answering in court, Big Oil is lobbying for its own blanket liability shield, backed by 16 Republican attorneys general. Not only has the oil and gas industry successfully convinced state legislators to move these protections forward, but a congressional House representative confirmed recently that federal lawmakers are also working on legislation that would block the fossil fuel industry from having to face any laws or lawsuits that aim to hold it accountable for its deception.
In other words, rather than defend itself in court, Big Oil is lobbying lawmakers to rewrite the rules.
If ExxonMobil believes it never misled the public, let it prove that in court.
The broader problem is clear: Powerful industries hide the dangers of their products, and once the truth emerges, they race to Congress to close the courthouse doors. If lawmakers hand out immunity, the victims are left with nothing. Supporters claim immunity is needed to prevent “frivolous” lawsuits or protect jobs. But that’s exactly what courts are for: to weigh evidence, reject weak claims, and hold wrongdoers accountable. If Bayer truly believes Roundup is safe, it should have no fear of a jury. And, for that matter, if ExxonMobil believes it never misled the public, let it prove that in court.
Immunity shields aren’t routine policy. They are radical interventions that strip away the rights of ordinary Americans while giving corporations extraordinary protection. That’s why only one industry, the gun lobby, has ever successfully won such a carve out, and its 2005 law remains widely condemned as a historic mistake. Even some conservatives are balking. The “Make America Healthy Again” movement, made up of Trump-aligned parents worried about pesticides in food, has erupted against the Bayer immunity provision, warning Republican lawmakers they’ll pay a political price. Their outrage reflects something deeper, which is that Americans across the spectrum believe no one should be above the law.
Congress should listen. Giving fossil fuel companies immunity is a dangerous move that should be strongly rejected. If these industries want to avoid liability, they should do it the same way everyone else does, by making their case in court. Anything else would betray a basic American principle: Justice should be decided by juries, not lobbyists.
"If the agency is going to allow such chemicals to be freely sold at Home Depot, Walmart, and farm supply stores, the very least the EPA must do is require a clear cancer warning on the label," said one critic.
The US Environmental Protection Agency has repeatedly failed to warn consumers of the cancer risks posed by pesticides—even when its own research has found those products to be carcinogenic, a pair of green groups said Monday.
The Center for Food Safety studied the EPA's permitted risk level in active components of both currently approved and legacy pesticides. CFS researchers found that the EPA allowed pesticides with a cancer risk "as high as 1 in every 100 people exposed, a far greater level than the EPA’s benchmark of a 1-in-a-million chance of developing cancer."
"Of the 570 unique pesticide chemicals that EPA’s Office of Pesticide program has classified for carcinogenic potential since 1985, over one-third (200, or 35%) are either possible human carcinogens (127) or likely to be carcinogenic to humans (73)," the CFS report notes. "The status of 62 others (11%) is uncertain, because EPA lacks sufficient data to make a determination.
A second report, from the Center for Biological Diversity (CBD), shows that of the 200 pesticides that are possible or likely human carcinogens, 125 are still registered for use.
CBD analyzed the labels of every pesticide currently approved by the EPA and found that the agency has placed cancer warnings on just 69 of 4,919 pesticide labels (1.4%) "containing an active ingredient that the agency has designated a 'likely' human carcinogen." Additionally, the EPA has put cancer warnings on just 242 of the 22,147 pesticide labels (1.1%) that "contain an ingredient the agency has designated as a 'possible' human carcinogen."
CFS science director Bill Freeses said in a statement Monday: “It’s bad enough that the EPA approves cancer-causing pesticides. But if the agency is going to allow such chemicals to be freely sold at Home Depot, Walmart, and farm supply stores, the very least the EPA must do is require a clear cancer warning on the label. Warnings save lives by incentivizing users to wear protective equipment that reduces risk."
Lori Ann Burd, director of environmental health at the CBD, said on Monday that “it's dumbfounding that the EPA has failed to require any cancer warning on thousands of pesticide products sold to the public that the agency itself has linked to cancer."
“Why should anyone have confidence in the EPA’s ability to keep tabs on the pesticide industry and protect us all from harmful poisons when it won’t even compel companies to put long-term health warnings on pesticides it knows are really dangerous?" she added.
Last month, CFS, CBD, and others denounced the EPA's reapproval of the pesticide dicamba—which scientific studies have linked to increased risk of cancer and hypothyroidism in high-dose exposure—for certain cotton and soybean crops.
The new CFS and CBD analyses come ahead of next month's oral arguments in Monsanto Company v. John L. Durnell, a case before the US Supreme Court in which Bayer, the Germany-based pharma giant that bought Monsanto in 2018, is seeking substantial immunity from future lawsuits filed by people in the United States who used glyphosate-based products like Roundup weedkiller and were then diagnosed with rare pesticide-linked cancers. The company has paid out billions of dollars to settle such suits.
CBD and other advocacy groups have also warned that the industry-backed Farm Bill currently advancing in the Republican-controlled Congress weakens or delays pesticide safety regulation, preempts state-level cancer warning rules, and shields chemical companies from lawsuits.
"Chairman Thompson appears poised to check off industry's cruel wish list," one critic warned.
Advocates for animal welfare, environmental protection, public health, and small family farms fiercely condemned various "industry-backed poison pills" in the long-awaited Farm Bill draft unveiled Friday by a key Republican in the US House of Representatives.
"A new Farm Bill is long overdue, and the Farm, Food, and National Security Act of 2026 is an important step forward in providing certainty to our farmers, ranchers, and rural communities," said House Committee on Agriculture Chair Glenn "GT" Thompson (R-Pa.) in a statement.
While Thompson has scheduled a markup of the 802-page proposal for February 23, critics aren't waiting to pick apart the bill, which aligns with a 2024 GOP proposal that was also sharply rebuked. The panel's ranking member, Rep. Angie Craig (D-Minn.), said that from what she has seen so far, the new legislation "fails to meet the moment facing farmers and working people."
"Farmers need Congress to act swiftly to end inflationary tariffs, stabilize trade relationships, expand domestic market opportunities like year-round E15, and help lower input costs," Craig stressed. "The Republican majority instead chose to ignore Democratic priorities and focus on pushing a shell of a farm bill with poison pills that complicates if not derails chances of getting anything done. I strongly urge my Republican colleagues to drop the political charade and work with House Democrats on a truly bipartisan bill to address the very real problems farm country is experiencing right now—before it's too late."
Brett Hartl, government affairs director at the Center for Biological Diversity, similarly blasted the GOP legislation on Friday, declaring that "this Republican Farm Bill proposal is a grotesque, record-breaking giveaway to the pesticide industry that will free Big Ag to accelerate the flow of dangerous poisons into our nation's food supply and waterways."
"This bill would block people suffering from pesticide-linked cancers from suing pesticide makers, eviscerate the EPA's ability to protect rivers and streams from direct pesticide pollution, and give the pesticide industry an unprecedented veto over extinction-preventing safeguards for our nation's most endangered wildlife," he said, referring to the Environmental Protection Agency.
"If Congress passes this monstrosity, it will speed our march toward the dawn of a very real silent spring, a day without fluttering butterflies, chirping frogs, or the chorus of birds at sunrise," Hartl warned. "No one voted for Republicans to allow foreign-owned pesticide conglomerates to dominate the policies that impact the safety of the food every American eats. But this bill leaves no doubt that's exactly who is calling all the shots."
Food & Water Watch (FWW) managing director of policy and litigation Mitch Jones also sounded the alarm about industry-friendly poison pills, arguing that any draft containing the "Cancer Gag Act" that would shield pesticide companies from liability or the Ending Agricultural Trade Suppression Act—which would block state and local policies designed to protect animal welfare, farm workers, and food safety—"must be dead on arrival."
Sara Amundson, president of Humane World Action Fund—formerly called Humane Society Legislative Fund—also made a case against targeting state restrictions for animals like Proposition 12 in California, which the US Supreme Court let stand in 2023, in response to a challenge by the National Pork Producers Council and the American Farm Bureau Federation.
"Once again, the House Agriculture Committee Republican majority is bending to the will of a backwards-facing segment of the pork industry by trying to force through a measure to override the preferences of voters in more than a dozen states, upend the decisions of courts all the way up to the Supreme Court, and trample states' rights all at the same time," Amundson said Friday.
The National Family Farm Coalition highlighted that "instead of addressing the widespread concerns of family-scale farmers—ensuring fair prices for farmers, improving credit access, addressing corporate land consolidation, and creating a trade environment that benefits producers—this draft perpetuates the status quo that enriches and empowers corporate agribusiness. The result is an accelerating farm crisis that continues to hollow out rural communities across the US."
Thompson also faced outrage over other policies left out of the GOP legislation—particularly from those calling for the restoration of $187 billion in cuts to the Supplemental Nutrition Assistance Program (SNAP) that congressional Republicans and President Donald Trump forced through last year with their so-called One Big Beautiful Bill Act (HR 1).
"HR 1 shifts unprecedented costs to already cash-strapped states, expands time limits, and strips food benefits away from caregivers, veterans, older workers, people experiencing homelessness, and humanitarian-based noncitizens," noted Crystal FitzSimons, president of the Food Research & Action Center.
"HR 1 is an unforgiving assault on America's hungry, deliberately dismantling our nation's first line of defense against hunger," she continued. "Yet, when given the opportunity to correct this harm in the latest Farm Bill proposal, Chairman Thompson unveiled a package that will only deepen hunger instead of fixing it. Hunger is not something Congress can afford to ignore."
Jones of FWW said that "families and farmers are hungry for federal policy that supports small- and mid-sized producers and keeps food affordable. Instead, Chairman Thompson appears poised to check off industry's cruel wish list."
"America needs a fair Farm Bill," he emphasized. "It is imperative that this Farm Bill repeal all Trump SNAP cuts and restore full funding to this critical nutrition program; stop the proliferation of factory farms; and support the transition to sustainable, affordable food."