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Daily News Blog

Archive for the 'Litigation' Category


04
Aug

Court Overturns Montgomery County, MD Pesticide Restrictions, Groups Say Decision Defies Local Authority to Protect Health

(Beyond Pesticides, August 3, 2017) A Circuit Court for the state of Maryland  on Thursday struck down key components of the landmark Healthy Lawns Act pesticide ordinance passed in Montgomery County, Maryland in 2015. The court’s decision, issued by Judge Terrence McGann, eliminates pesticide use restrictions on private property, but does not touch provisions limiting toxic pesticides used on public, county owned land. Grassroots advocates who supported passage of the Healthy Lawns Act to protect children, families and the environment are dismayed by the court’s ruling, but nevertheless vow to keep up the fight for protections from hazardous pesticides used in their community. “The court should have recognized that, in restricting lawn pesticides throughout its jurisdiction, Montgomery County is exercising a local democratic principle under Maryland and federal law to ensure the safety of the community, including children, pets, and the environment, from a known hazard not adequately regulated by the U.S. Environmental Protection Agency or the state,” said Jay Feldman, executive director of Beyond Pesticides. “After extensive hearings and study, the county council understands that toxic chemicals are dangerous and not needed to have beautiful lawns and landscapes,” Mr. Feldman said. By passing the Healthy Lawns Act, the Montgomery […]

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22
Jun

Consumers Sue Monsanto for Misleading Labeling of Roundup Herbicide

(Beyond Pesticides, June 22, 2017) On Tuesday, a lawsuit was filed in a Wisconsin federal court against Monsanto, the manufacturer of Roundup brand herbicides, and Scotts Miracle-Gro Company, a marketer of Roundup brand products. The complaint, filed by six consumers from states around the country, focuses on the promotion, marketing, and sale of Roundup brand products, rather than physical injury from the pesticide products. The lawsuit alleges that the Monsanto and Scotts label, advertise, and promote their Roundup products with the “false statement that Roundup’s active ingredient, glyphosate, targets an enzyme that is not found ‘in people or pets.’” Plaintiffs assert that this is a false and deceptive claim, as this enzyme is found in the gut bacteria of people and pets and glyphosate can disrupt the health and functioning of their immune system. This suit follows on the heels of and mirrors the lawsuit filed by Beyond Pesticides and Organic Consumers Association in April 2017 against Monsanto for misleading the public by labeling the weedkiller Roundup as “target[ing] an enzyme found in plants but not in people or pets.” Monsanto aggressively markets Roundup as safe for humans and animals, despite newer studies indicating that glyphosate may be carcinogenic and affect […]

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19
Jun

EPA Sued for Delaying Worker Protection Rule Changes

(Beyond Pesticides, June 19, 2017) Farmworker and health organizations have sued the U.S. Environmental Protection Agency (EPA) following the agency’s announcement last month that it will delay for one year the implementation of a final rule that revised and updated protections for certified pesticide applicators. Earthjustice and Farmworker Justice are co-counsel on the case. The rule, the Certification of Pesticide Applicators (CPA) rule, includes much needed requirements like mandatory age minimums, as well as better training for pesticide applicators to protect workers and the public from poisoning by the most toxic pesticides. First enacted in 1974, the Certification of Pesticide Applicators Rule  was revised and made final on January 4, 2017, and was scheduled to go into effect March 6, 2017. It outlines regulations regarding the certification of applicators of restricted use pesticides (RUPs)- some of the most hazardous pesticides. The rule ensures that applicators of RUPs get adequate training and establishes a minimum age of 18 for pesticide applicators. It also requires that applicators be able to read and write; increases the frequency of applicator safety training to every year; and improves the quality of information that workers receive about the pesticides that they apply in agricultural, commercial, and residential […]

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06
Jun

Court Revokes Federal Approval of Nanotech Pesticide

(Beyond Pesticides, June 6, 2017) Last week, the U .S. Court of Appeals for the Ninth Circuit concluded that the U.S. Environmental Protection Agency (EPA) failed to show that its conditional registration of the antimicrobial, nano-silver pesticide product “NSPW-L30SS” (previously “Nanosilva”) is in the public interest and revoked its registration. The case, brought by the Natural Resources Defense Council (NRDC) and the Center for Food Safety (CFS), challenged the approval of the novel nanotechnology which was marketed for use in an unknown number of textiles and plastics. The decision underscores the need for EPA to ensure pesticide products, including nanomaterials, meet the standards of federal pesticide law. According to the Center for Food Safety, the Court’s decision is the first of its kind to address EPA’s responsibilities in issuing conditional registrations of new pesticide products like NSPW-L30SS. In its ruling, the Court ruled that EPA had failed to show that “conditional approval” of NSPW-L30SS as a new pesticide supported a public interest finding by the EPA with substantial evidence. EPA had conditionally registered the controversial pesticide back in 2015. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA can only conditionally register new active ingredients, such nanosilver particles, if EPA […]

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24
May

DuPont Worker Sues Company for Retaliation Over Pesticide Concerns

(Beyond Pesticides, May 24, 2017) A Hawai’i woman is suing her former employer, DuPont Pioneer, stating that the company retaliated against her for bringing up concerns over pesticide safety. Shanbnell Grilho, who worked for DuPont Pioneer on Oahu’s North Shore, alleges the company required her to apply hazardous herbicides without the proper training or protection, and ultimately fired her after fabricating allegations against her. This lawsuit is the latest claim against multinational pesticide companies operating in Hawai’i, which have been at the center of local and state-level disputes over their use of toxic pesticides where Hawai’i residents live, work, and play. In her complaint, Ms. Grilho indicates that she began working at DuPont Pioneer as a temporary employee, during which time she was awarded a raise and named DuPont Pioneer employee of the month. At the time she did not have to apply pesticides. However soon after her award, she was hired as a full time employee and required to work with Roundup, Liberty, and Honcho herbicides, which contain the active ingredients glyphosate, glufosinate, and glyphosate, respectively.  “DuPont Pioneer required plaintiff to apply herbicides and biocides while wearing a backpack sprayer, driving an ATV while applying herbicides with a backpack […]

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18
May

Soft Drink Company Faces Pressure Over Use of Pesticides in its Supply Chain

(Beyond Pesticides, May 18, 2017) A pesticide reduction plan proposed by investors in the Dr. Pepper Snapple Group (DPS) lacks a positive vision that could accomplish the investors’ goals. The shareholder proposal at DPS, which makes Mott’s, 7UP, Snapple, and Canada Dry, was filed by the Green Century Equity Fund, a company that offers environmentally and socially responsible mutual funds, seeks to pressure DPS to reduce toxic pesticide use in its supply chain. According to their press release, the shareholder proposal suggests that DPS “use quantitative metrics to track the amount of pesticides avoided, publish goals to reduce pesticide use or toxicity, and/or provide incentives to growers to minimize the use of pesticides.” However, the shareholder group could better achieve its goals by asking that DPS use certified organic ingredients. Beyond Pesticides has long sought a broad-scale marketplace transition that does not simply reduce or minimize pesticide use, but prohibits the application of toxic synthetic pesticides by law and promotes the widespread transition of conventional farmland to organic production, which is protective of health and the environment. Certified organic production, with its requirement of a detailed organic system plan and methods to foster and improve soil health, achieves the elimination […]

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11
May

Judge Rules that EPA Neonicotinoid Registrations Violated Endangered Species Act

(Beyond Pesticides, May 11, 2017) On Monday, a federal judge in California ruled that the U.S. Environmental Protection Agency (EPA) violated the Endangered Species Act (ESA) when it issued 59 neonicotinoid insecticide registrations between 2007 and 2012 for pesticide products containing clothianidin and thiamethoxam. The original lawsuit against EPA, Ellis v. Housenger, was filed in March 2013, by beekeeper Steve Ellis and a coalition of other beekeepers and environmental groups, including Beyond Pesticides. The 2013 lawsuit focused on the EPA’s failure to protect pollinators from dangerous pesticides and challenged EPA’s oversight of the bee-killing pesticides, clothianidin and thiamethoxam, as well as the agency’s practice of “conditional registration” and labeling deficiencies. According to George Kimbrell, Center for Food Safety’s legal director and the lead plaintiffs’ counsel, “This is a vital victory. Science shows these toxic pesticides harm bees, endangered species and the broader environment. More than fifty years ago, Rachel Carson warned us to avoid such toxic chemicals, and the court’s ruling may bring us one step closer to preventing another Silent Spring.” The judge presiding over the case rejected claims by pesticide producers and their supporters that the plaintiffs failed to establish a causal link between the pesticides and the […]

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20
Apr

International Legal Opinion Details Monsanto’s Violation of Human Rights

(Beyond Pesticides, April 20, 2017) On Tuesday, the judges presiding over the International Monsanto Tribunal presented their legal opinion, delivering conclusions on the multinational corporation’s impact on issues ranging from human rights, food access, environmental health, to scientific research. In addition to Monsanto’s impact on human rights, the judges concluded that if ecocide were recognized as an international criminal law, the corporation would possibly be found guilty. According to the Organic Consumers Association’s press release, one of the organizing groups behind the creation of the Tribunal, “It is likely that the [legal] conclusions will lead to more liability cases against Monsanto and similar companies. This will shine a light on the true cost of production and will affect Monsanto (Bayer) shareholder value in the long run.” The international judges determined that, based on a legal analysis of the questions asked, Monsanto has engaged in practices that have negatively affected the right to a healthy environment, to food, and to health. In addition to these infringement of rights, Monsanto has had a negative effect on the right to freedom indispensable for scientific research with “conduct such as intimidation, discrediting independent scientific research, [and] suborning false research reports.” In the third part of its […]

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16
Apr

Court Grants Temporary Injunction to Endangered Protect Rusty Patch Bumblebee Habitat

(Beyond Pesticides, April 19, 2017) Local activists in Illinois were handed an exciting victory on Monday when a judge granted a temporary restraining order to shut down a construction project due to the presence of the rusty patch bumblebee, a recently listed endangered species. The group Stop Longmeadow, in reference to the Longmeadow Parkway Bridge Corridor project, filed the lawsuit, Case: 1:16-cv-05435, based on the fact that the rusty patch bumblebee has been found in the Brunner Forest Preserve, which borders 5.6 miles of the corridor project. The defendants, including the U.S. Department of Transportation, the U.S. Department of the Interior, and the Forest Preserve District of Kane County, argue that the scheduled construction will not affect bumblebee habitat. The court rejected their position, however, siding in the plaintiffs by finding “the balance of harms weighs in favor of the plaintiffs and against the public’s interest in reduced traffic congestions.” The restraining order was issued by Judge Sharon Coleman in the U.S. District Court for the Northern District of Illinois Eastern Division. Based on the evidence presented by the plaintiff’s motion, Judge Coleman reasoned that “a brief stay to the project is warranted.” She went on to point out that, […]

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07
Apr

Environmental Groups Turn Back to the Courts to Ban Chlorpyrifos

(Beyond Pesticides, April 7, 2017) On Wednesday, Earthjustice, representing the Natural Resources Defense Council (NRDC) and the Pesticide Action Network North America (PANNA) turned to the courts to order the U.S. Environmental Protection Agency (EPA) to ban chlorpyrifos. Their action comes on the heels of EPA Administrator Scott Pruitt’s decision last week to reject the conclusions of EPA scientists and reverse a proposed agency decision to revoke food residue tolerances of chlorpyrifos. In the new petition, the environmental groups assert that, “Because EPA has sidestepped this Court’s orders and failed to act on the substance of the petition, PAN/NRDC respectfully ask the Court to [give] EPA 30 days to act on its findings that chlorpyrifos exposures are unsafe and to establish deadlines for the next steps in the revocation and cancellation process.” In an interview with The Intercept, Patti Goldman, managing attorney of Earthjustice’s Northwest regional office in Seattle, WA, stated that, “It’s outrageous that the new EPA administrator would reject the scientific findings of its own agency and defy the law and court orders to keep this nasty pesticide on the market.” In its most recent analysis of chlorpyrifos, EPA determined that children between one and two years of age […]

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31
Mar

EPA Reverses Course and Allows Continued Use of Highly Neurotoxic Pesticide, Chlorpyrifos

(Beyond Pesticides, March 31, 2017) On Wednesday, Scott Pruitt, the new head of the Environmental Protection Agency (EPA), rejected the conclusions of EPA scientists, and independent scientific literature, and reversed a tentative decision from 2015 to revoke food residue tolerances of chlorpyrifos due to the chemical’s neurotoxic impacts. This would have effectively banned chlorpyrifos from agriculture. This decision stemmed from a petition and lawsuit filed by the Natural Resources Defense Council (NRDC) and Pesticide Action Network North America (PANNA)  ten years ago, calling for EPA to revoke all chlorpyrifos tolerances and cancel all registrations. A Federal Appeals court mandated that EPA take final action by March 31, 2017. Mr. Pruitt’s decision leaves the door open for continued neurotoxic dangers for humans, especially children, who have been shown to be especially vulnerable to chlorpyrifos. Chlorpyrifos is part of the organophosphate (OPs) class of pesticides, which were used in World War II as nerve agents. As potent neurotoxicants, organophosphates are extremely harmful to the nervous system, given that they are cholinesterase inhibitors and bind irreversibly to the active site of an enzyme essential for normal nerve impulse transmission. The scientific evidence of neurotoxic dangers associated with chlorpyrifos exposure is extensive and consistent. Epidemiological data also […]

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13
Mar

Native Bees Heading for Extinction

(Beyond Pesticides, March 13, 2017) Nearly 1 in 4 species of native bee is imperiled and at increasing risk of extinction. This, according to a new report from the Center for Biological Diversity (CBD), released earlier this month. The report is the first comprehensive review of the more than 4,000 native bee species in North America and Hawaii, and finds that more than half the species assessed are declining. With native bee decline increasing, advocates say it is imperative that action be taken to reduce toxic pesticide use and restore native habitats lost to chemical-intensive agriculture, urbanization, and climate change. The new analysis, Pollinators in Peril: A systematic status review of North American and Hawaiian native bees, reveals that more than 700 species are in trouble from a range of serious threats, including severe habitat loss and escalating  pesticide use. Key findings include: (1) among native bee species with sufficient data to assess (1,437), more than half (749) are declining; (2) nearly 1 in 4 (347 native bee species) is imperiled and at increasing risk of extinction; (3) many of the bee species lacking sufficient data are also likely declining or at risk of extinction, highlighting the urgent need for additional […]

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16
Feb

Trump Administration Sued on Reversal of Endangered Species Designation for Rusty Patched Bumblebee

(Beyond Pesticides, February 16, 2017) On Tuesday, the Natural Resources Defense Council (NRDC) sued the Trump administration for reversing a February 10 rule, published in the Federal Register, that designated the Rusty Patched Bumblebee an endangered species under the Endangered Species Act (ESA). The reversal  of the endangered species listing establishes a new review period until March 21. As to their reasoning for such a sudden change, the U.S. Fish and Wildlife Service (FWS) cited the White House memo instructing federal agencies to postpone the effective date of any regulations that had been published in the Federal Register, but not yet in effect. As discussed several days ago, the order by the Trump administration means that despite FWS’ determination that without federal action the species will likely become endangered, the Trump administration has 60 days to evaluate the decision for the purpose of “reviewing questions of fact, law, and policy.” The lawsuit, filed in the U.S. District Court for the Southern District of New York, argues that FWS violated the notice and comment requirements of public rulemaking for the delay on the bumblebee listing. In the lawsuit, NRDC states that, “Without valid explanation, opportunity for public input, or other legally required process, FWS […]

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15
Feb

Lawsuit Charges that Monsanto and EPA Colluded to Stop Agency from Reaching Cancer Finding for Glyphosate (Roundup)

(Beyond Pesticides, February 15, 2017) Plaintiffs in a lawsuit against Monsanto, charging that its product Roundup caused their non-Hodgkins lymphoma (NHL), have cited the Environmental Protection Agency’s (EPA) collusion with the company to block the agency from concluding that the manufacturer’s product Roundup causes cancer, according to investigative reporter Carey Gilliam, writing in the Huffington Post. The filing states that EPA made an effort “to protect Monsanto’s interests and unfairly aid the agrichemical industry.”Glyphosate has been linked to cancer  in the independent scientific literature and is listed as a probable human carcinogen by the World Health Organization’s International Agency for Research on Cancer (IARC). Issues of suppression have also been uncovered, as Monsanto’s lawyers have filed claims to prevent information  turned over to plaintiffs’ lawyers during discovery from inclusion on the public record. This is just the latest development in a variety of lawsuits aimed at Monsanto, including a challenge by a peach farmer over the illegal spraying of the herbicide Dicamba and the recent victory by the state of California to list glyphosate products as cancer causing. In the current case, a multitude of personal injury claims made by those suffering from, or that have lost loved ones to, NHL have been condensed into […]

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27
Oct

New Jersey Lawmakers Reintroduce Safe Playing Fields Act

(Beyond Pesticides, October 27, 2016) Lawmakers in the New Jersey House and Senate introduced bills this legislative session to stop the use of toxic lawn care pesticides on children’s playing fields. The Safe Playing Fields Act, introduced by Representatives Daniel Benson (D) and Holly Schepisi (R) in the New Jersey Assembly and Senator Shirley Turner (D) in the Senate will  eliminate the use of toxic registered pesticides on school grounds in favor of “low impact pesticides” considered minimum risk by the U.S. Environmental Protection Agency. This is the latest legislative push to pass this Act after attempts in 2011 and 2012. The bill is modeled on similar efforts that have been successfully implemented in the states of New York and Connecticut. Connecticut first passed An Act Concerning Pesticides at Schools and Day Care Facilities in 2005, which restricted toxic pesticide use on elementary school grounds in the state. The act has been amended multiple times. First in 2007, An Act Banning Pesticide Use on School Grounds extended prohibitions to students in schools up to grade 8. In 2009, Connecticut’s law was amended again to extend pesticide protections to day care centers. Last year, the state passed another update, this time […]

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19
Oct

Reckitt Benckiser, Manufacturer of d-Con, Issues Apology for Disinfectant Deaths in South Korea

(Beyond Pesticides, October 19, 2016) Reckitt Benckiser, the company that fought tooth and nail to keep its highly toxic d-CON ® anticoagulant rodenticides on the market in the U.S., has recently issued an apology for another product of theirs that  is responsible for the deaths of pregnant women and children in Korea: humidifier disinfectants. According to The Wall Street Journal, 189 deaths and 506 injuries from humidifier disinfectants, primarily Reckitt Benckiser’s humidifier disinfectant, Oxy Sac Sac (Oxy). The main ingredient in the sanitizers found to be toxic is polyhexamethylene guanidine phosphate, or PHMG. In a statement on Wednesday, September 21, Reckitt Benckiser CEO Rakesh Kapoor offered his “deepest sympathy” for “the pain and the irreparable damage suffered by many families.” The apology was made during a visit with Oxy victims and  families, as well as representatives of the Korean National Assembly Special Committee at the Company’s headquarters in Slough, UK. Hazards associated with the humidifier disinfectants were first discovered in 2011 when seven pregnant women were hospitalized with acute respiratory disease, resulting in four deaths from  lung failure. Korean Center for Disease Control (KCDC) led an investigation that found that the chemicals used to clean humidifiers were to blame, and […]

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17
Oct

EPA Review Keeps Bee-Toxic Pesticide Sulfoxaflor on the Market with Limited Restrictions

(Beyond Pesticides, October 17, 2016) The U.S. Environmental Protection Agency (EPA) revealed its plan last Friday to register the toxic chemical sulfoxaflor, in the face of  overwhelming evidence that it negatively affects bee populations. This decision is the final result of a long-fought legal battle over the chemical’s registration, spearheaded by beekeepers and public health organizations concerned with what has been identified as EPA’s inadequate and flawed pesticide review processes. The agency claims that amendments made to the original registration, such as reducing the number  of crops for which use is permitted or only allowing post-bloom applications, will protect pollinators. However, scientific studies have shown that there is no way to fully limit exposure to bees, especially native species that exist naturally in the environment, given that the chemical, being systemic, is found in pollen, nectar, and guttation droplets. Given the evidence of harm related to sulfoxaflor’s use, as well as its demonstrated lack of need, advocates maintain that the agency’s decision to issue an amended registration violates its  duty to protect human health and the environment. Sulfoxaflor’s initial 2013 registration was challenged by beekeepers and subsequently vacated by the Ninth Circuit Court of Appeals due to overwhelming risks to […]

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27
Sep

EPA Fines Syngenta $1.2 Million for Multiple Safety Violations under Settlement

(Beyond Pesticides, September 27, 2016)  Multinational pesticide manufacturer Syngenta Crop Protection was handed a  $1.2 million fine last week for multiple violations of federal pesticide law, according a settlement reached with the U.S. Environmental Protection Agency (EPA). EPA charged Syngenta with three major violations of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), including: (1) Failure to have repackaging agreement and/or maintain records on registered pesticides; (2) Distributing misbranded pesticides, and; (3) Failure to maintain data submitted for pesticide registration. However, under the consent agreement reached with EPA, the company neither admits nor denies the allegations. The settlement comes at a time of increased scrutiny of Syngenta, as the company is in the process of reregistering the herbicide atrazine, and Chinese National Chemical Corporation (ChemChina) continues its attempts to complete a $43 billion merger. While the plan appears to have cleared U.S. regulatory hurdles, European lawmakers have yet to sign off on the deal. “The repackaging, sale and distribution of unregistered and misbranded pesticides is illegal and puts people and the environment at risk. Users rely on accurate, up-to-date information about ingredients, directions for use, hazards and safety precautions,” said Anne Heard, Acting Regional Administrator for the Southeast in an […]

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26
Aug

Judge Orders Release of Terminix Documents in Methyl Bromide Poisoning of Family

(Beyond Pesticides, August 26, 2016) Virgin Islands Superior Court Judge, Harold Willocks denied a request made by Terminix to stop a subpoena for Terminix documents in the methyl bromide poisoning case  issued  by Attorney General Claude Earl Walker, according to The Virgin Islands Consortium. The paper reported that the subpoena ordered the pest control company to provide documents and information relating to an ongoing investigation by the Department of Justice (DOJ). This follows two settlement agreements made by Terminix; one to pay $10 million to DOJ and the Environmental Protection Agency (EPA) for violating the Federal Insecticide, Fungicide and Rodenticide Act, and another to pay $87 million to the Esmond family, poisoned by the misuse of a neurotoxic pesticide fumigant, methyl bromide, when they vacationed in the Virgin Islands in the spring of 2015. According to the Virgin Islands Consortium, DOJ launched  another investigation into Terminix after the Esmonds were poisoned to determine if there had been a violation of the Criminally Influenced and Corrupt Organizations Act (CICO). Attorney General Walker issued the original subpoena on April 28, requesting that Terminix surrender all information related to the purchase, use and import of methyl bromide obtained within the past three years. […]

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03
Aug

Terminix To Pay Delaware Family $87 Million Settlement for Poisoning with Methyl Bromide in U.S. Virgin Islands

(Beyond Pesticides, August 3, 2016) Home pest control giant Terminix reached a tentative settlement agreement this week of $87 million with  the  Esmond family for the severe poisoning of the mother, father and two teenage children with the highly neurotoxic pesticide fumigant  methyl bromide.  The company treated  a neighboring unit  to  their vacation residence  last spring  at a  condo resort complex in St. John, U.S. Virgin Islands. This amount is in addition to $3 million already paid to the family to cover the insurance deductible, and an undisclosed amount that the company’s insurance carriers have agreed to pay pursuant to their general liability insurance policies, according to an earnings report filed by the Terminix’s parent company, ServiceMaster Global Holdings, Inc. of Memphis, Tennessee. Stephen Esmond became paralyzed after the March 2015 incident, while his two sons spent weeks in critical condition. The mother,  Theresa Devine is still recovering. Beyond Pesticides’ executive director, Jay Feldman, spoke to CBS Evening News August 2 on the poisoning. Watch news piece  here.   Methyl bromide is a restricted use pesticide and is not registered for residential use, according to the U.S. Environmental Protection Agency’s (EPA) 2013 Methyl Bromide Preliminary Workplan. It was taken off […]

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25
Jul

Oregon Prohibits 14 Horticultural Products Used in Marijuana Production, Not Labeled as Containing Pesticides

(Beyond Pesticides July 25, 2016) The Oregon Department of Agriculture (ODA) last week issued 12 notices of statewide detainment and stop sale and removal orders for horticultural pesticide products that contain active ingredients not listed on the label. The orders call for the product manufacturers to immediately cease all sales, offers of sale, or other distribution in Oregon. This is the latest effort by a state with a legalized marijuana market to try to  curb the use of illegal pesticides in cannabis production, a practice that poses potential health threats to consumers, creating a regulatory challenge for state officials in states that have legalized marijuana for medicinal and or recreational purposes. Because the U.S. government classifies cannabis as a narcotic, the U.S. Environmental Protection (EPA) does not register pesticide products for use in its production, leaving consumers exposed to hazardous pesticides through inhalation, ingestion, and dermal absorption without any evaluation of potential health effects. The products in question are commonly used in horticulture and hydroponics, including cannabis production. The 12 notices cover 14 products sold in Oregon that were also identified by the Washington State Department of Agriculture (WSDA) in late June as containing undeclared pesticide active ingredients. In an […]

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13
Jul

California to List Atrazine and Other Triazine Weedkillers to Prop 65 as Reproductive Toxicants

(Beyond Pesticides, July 13, 2016) California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced that atrazine, its chemical cousins,  propazine,  simazine,  and its break down triazine compounds des-ethyl atrazine (DEA),  des-isopropyl atrazine (DIA)  and  2,4-diamino-6-chloro-s-triazine (DACT)  would be added to the list of chemicals known to the state to cause reproductive toxicity for purposes of the state’s Proposition 65. The formal listing has been delayed and will not be effective until July 15, 2016 due to litigation from the manufacturer, Syngenta, which opposes the listing. In 2014 the state announced its Notice of Intent to list the triazines: atrazine, propazine, simazine and their breakdown products under Proposition 65 — the state’s law on toxic chemicals. The listing of these chemicals was initially to be effective on August 3, 2015. However, Syngenta, manufacturer of atrazine, challenged the listing decision, leading to a delay in the formal decision. Syngenta Crop Protection v OEHHA  (Sacramento Superior Court case#34-2014-800001868). Syngenta’s challenge was unsuccessful and now the official listing can move forward, in spite of Syngenta’s pending appeal. The six chemicals will now be known as reproductive toxicants in the state of California effective July 15, 2016. See listing notice. http://oehha.ca.gov/media/downloads/crnr/listingnoticetriazines070516.pdf Proposition 65, officially […]

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22
Jun

Federal Court Finds USDA Process for Allowing Pesticide-Contaminated Compost Improper and Stops Use

(Beyond Pesticides, June 22, 2016) In a ruling that organic advocates say is critical to the integrity of the USDA organic label, a U.S. District Court judge found Monday that the U.S. Department of Agriculture (USDA) violated public process when it decreed that pesticide-contaminated compost is allowed in organic production. Three groups that bridge environmental, consumer, and farmer interests sued USDA for ruling that green waste compost, which comes from lawn clippings and plants, may contain levels of the insecticide bifenthrin and other pesticides that have not been approved for use in organic systems through proper public hearing and comment procedures. The case focused principally on whether USDA, in failing to conduct a formal public review, was operating “at its whim.” The court found that is exactly what USDA did and ordered the agency to stop allowing the use of contaminated compost by August 22, 2016. U.S. District Judge Jacqueline Scott Corley of the Northern District of California found that USDA’s National Organic Program (NOP) operated without the required notice and comment. She explained, “the reach of the Agency’s  new rule stretches beyond bifenthrin and instead allows green waste or green waste compost used in organic production to contain any […]

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