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Archive for the 'Litigation' Category


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 […]

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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 […]

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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. […]

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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 […]

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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 […]

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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, […]

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13
Jun

Court Says Law Allows Secrecy of Hazardous Pesticide Product Ingredients

(Beyond Pesticides June 13, 2016) A federal judge in California handed down a decision last week agreeing with the Environmental Protection Agency’s (EPA) that it has no responsibility under federal pesticide law to complete rulemaking on the disclosure of hazardous ingredients in pesticide products. That means that if the decision stands EPA will be allowed […]

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08
Jun

Public Comment Needed to End Atrazine Use after EPA Confirms Threat to Wildlife

(Beyond Pesticides, June 8, 2016) With years of data documenting the harmful impacts of the herbicide atrazine on aquatic organisms and other wildlife, a recent U.S. Environmental Protection Agency (EPA) assessment now concludes that this widely used chemical poses risks to fish, amphibians, aquatic invertebrates, and even birds, reptiles and mammals. Atrazine is a potent […]

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06
Jun

EPA Judge Rejects Bayer’s Challenge to Keep Flubendiamide on Market after Agency Pulls Conditional Registration

(Beyond Pesticides, June 6, 2016) Bayer CropScience’s appeal of the cancellation of their toxic pesticide flubendiamide by the U.S. Environmental Protection Agency (EPA) was rejected by EPA’s Chief Administrative Law Judge (ALJ) Susan Biro on Thursday, June 1. Judge Biro dismissed the complaints, saying that the agency was acting within its authority when it pulled […]

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04
May

Organic Consumers Association Sues to Keep Synthetics Out of Organic Infant Formula

(Beyond Pesticides May 3, 2016) Last week, the Organic Consumers Association (OCA) filed lawsuits against two popular infant formula makers for falsely labeling their products as organic. The claims against both The Honest Co. and Hain Celestial Group allege that their products contain ingredients that are prohibited under the Organic Food Production Act (OFPA) of […]

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20
Apr

GAO Finds USDA Regulation of Genetically Engineered Crops Deficient

(Beyond Pesticides April 20, 2016) A recently released study by the U.S. Government Accountability Office (GAO) assesses the actions of three government agencies responsible for regulating genetically engineered (GE) crops, finding several shortcomings in the process. The report, which was commissioned by U.S. Senator Jon Tester (D-MT), is entitled Genetically Engineered Crops: USDA Needs to Enhance […]

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31
Mar

Terminix To Pay $10 Million Criminal Fine for Poisoning Family in Virgin Islands

(Beyond Pesticides, March 31, 2016) On Tuesday, Terminix International LP and its U.S. Virgin Islands (USVI) operation agreed to a $10 million plea agreement after being charged by the U.S. Justice Department and Environmental Protection Agency (EPA) in U.S. District Court with multiple violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for “illegally applying fumigants […]

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23
Mar

Vermont House Votes to Authorize State Regulation of “Treated Articles,” such as Neonic-Coated Seeds

(Beyond Pesticides March 23, 2016) Last week, the Vermont House of Representatives passed a bill that authorizes state regulation of pesticide-treated products, including telephone poles and coated seeds, that are exempt from federal pesticide regulations. H.861 is the latest in a string of laws introduced this legislative session in Vermont to address the impact of harmful neonicotinoid insecticides on […]

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14
Mar

Report Calls for Improved Pesticide Regulation and Assessment on Kauai, Hawai’i

(Beyond Pesticides, March 14, 2016)  According to a draft version of a report commissioned by Hawaii and Kauai County, Hawaii should dramatically improve its regulation of pesticide use and study its impacts, which the state legislature has repeatedly refused to consider. Unsurprisingly, agrichemical companies that produce genetically engineered (GE) seeds criticized the new government report, […]

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11
Mar

Colorado Rancher To Be Jailed for Pesticide Drift

(Beyond Pesticides, March 11, 2016)  A judge found a Colorado rancher to be in violation of a court order that protected his neighbors, organic farmers Rosemary Bilchak and her husband Gordon MacAlpine, who suffers from leukemia, from sprayed pesticides that drifted onto their property. The decision in western Colorado’s North Fork Valley sets a precedent […]

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10
Mar

“Muzzled” USDA Scientist to Speak at National Pesticide Forum

(Beyond Pesticides, March 10, 2016) Jonathan Lundgren, Ph.D., a top U.S. Department of Agriculture (USDA) entomologist who received a prestigious national award for civic courage for his work on neonicotinoids and pollinator decline in the face of agency attempts to suppress his work, will be speaking at Cultivating Community and Environmental Health, the 34th National Pesticide […]

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09
Mar

Senate Democrats Introduce Bill Requiring GE Food Labeling, Includes Preemption of States

(Beyond Pesticides March 9, 2016) Last week, Senators Jeff Merkley (OR), Patrick Leahy (D-VT), Jon Tester (D-MT), and Dianne Feinstein (D-CA) introduced legislation to require that consumer food packaging displays genetically engineered (GE) ingredient labeling. The Senators’ legislation, the Biotechnology Food Labeling and Uniformity Act (S.2621), presents an alternative to the primarily Republican-backed Biotechnology Labeling Solutions Bill that recently […]

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03
Mar

Label Warning on Dangerous PCP-Treated Poles Deemed Unconstitutional

(Beyond Pesticides, March 3, 2016) Last month, U.S. District Court Judge Arthur Spatt declared a dangerous wood preservative label ordinance unconstitutional, ending a three year battle between a New York town and Public Service Enterprise Group (PESG). In 2014, under the authority of the Long Island Power Authority (LIPA), PESG installed thousands of hurricane-resistant utility […]

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24
Feb

Colorado Legislature Considers Pesticide-Free Marijuana Bill

(Beyond Pesticides February 24, 2016) Last Friday, Colorado’s House Public Health Care and Human Services Committee heard a proposal to create a contaminant-free certification system for marijuana sold within the state. This program, intended to resemble the federal National Organic Program, was offered as a legislative response to protect consumers after the Colorado Department of […]

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10
Feb

Hawaii Pesticide Disclosure Bill Passes Committee

(Beyond Pesticides February 10, 2016) Last week Hawaii’s House Energy and Environmental Protection Committee, chaired by Representative Chris Lee, unanimously passed a measure to require large-scale, outdoor commercial agricultural businesses to publicly disclose outdoor application of pesticides in various environmentally sensitive areas. House Bill 2574 will make the reporting guidelines for the voluntary Kauai program mandatory across […]

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29
Jan

Court Rejects EPA’s Bid to Revoke Use of Dow’s 2,4-D/Glyphosate (Enlist Duo) Pesticide in GE Crops

(Beyond Pesticides, January 29, 2016) This week, the 9th U.S. Circuit Court of Appeals handed a victory to Dow Chemical Company and its efforts to keep the toxic pesticide Enlist Duo on the market, despite new safety concerns identified by the Environmental Protection Agency (EPA). Enlist Duo has been marketed as a “solution” for the control of […]

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28
Jan

Oregon Proposes Legislation to Protect Farmers and Consumers from GE Contamination

(Beyond Pesticides, January 28, 2016) Last week, Oregon Representative Paul Holyey introduced legislation that would protect traditional crops against contamination from their genetically engineered counterparts. As it stands, local governments are preempted (disallowed) from taking actions that protect traditional farmers from contamination by genetically engineered (GE) crops. With the help of advocates representing family farms […]

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25
Jan

Monsanto Sues to Keep Glyphosate off California List of Carcinogens

(Beyond Pesticides, January 25, 2016) Monsanto filed a lawsuit in California last week seeking to prevent glyphosate, the main ingredient in its Roundup herbicide, from being added to California’s list of known carcinogens under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Glyphosate is classified as a probable carcinogen by the World Health […]

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