S. 4425 — No Immunity for Glyphosate Act

This section prohibits the obligation or expenditure of Federal funds to implement, administer, or enforce Executive Order 14387 (91 Fed. Reg. 8703; relating to promoting the national defense by ensuring an adequate supply of elemental phosphorus and glyphosate-based herbicides).

This section establishes a federal cause of action permitting any person, or the estate, survivors, or legal representative of such person, who suffers physical injury, illness, disease, or death caused in whole or in part by exposure to elemental phosphorus or a glyphosate-based herbicide to sue covered entities in U.S. district court. Covered entities include any person or entity that manufactures, distributes, formulates, supplies, or sells such substances. The section authorizes awards of compensatory damages (including for medical expenses, lost income, pain and suffering, and wrongful death), punitive damages, equitable relief, and attorney’s fees and costs, and it grants federal district courts jurisdiction without regard to amount in controversy or citizenship of the parties. It waives all immunities under section 707 of the Defense Production Act of 1950 or any other provision of law and bars covered entities from asserting a federal contractor defense or preemption based on compliance with any Executive order, regulation, contract, or other federal authorization. The section applies to claims arising before, on, or after the date of enactment, preserves all existing and pending claims under federal or state law, and does not preempt or limit any rights or remedies available under state law.