(Beyond Pesticides, June 2, 2022) A California judge ordered state-run pesticide spraying to cease on public, agricultural, wild lands, and private properties. The judge states that government officials fail to consider and minimize the potential health and environmental risk associated with pesticide use. Moreover, officials failed to notify the public on the risks of pesticide spraying. The suit was brought by the Environmental Working Group (EWG), the City of Berkeley and ten other public health, conservation and food safety organizations, including Beyond Pesticides. Board member of the California Environmental Health Initiative Nan Wishner states, “The court made the right decision to throw out CDFA’s plan to cement into place for the indefinite future the agency’s ‘spray now, ask questions later approach to pest management, which would have perpetuated the existing situation, in which Californians learn their yards or neighborhoods are to be sprayed only when the treatments are about to happen and have little or no recourse to stop the use of pesticides.”  On May 19, 2022, the Superior Court of California – County of Sacramento ruled to remove an environmental impact report allowing California’s Department of Food and Agriculture (CDFA) to spray pesticides at any time and any place. Removal […]

(Beyond Pesticides, March 27, 2019) Exposure to commonly used pesticides in the womb and during the first year of life is linked to a higher risk of developing autism, according to the study, “Prenatal and infant exposure to ambient pesticides and autism spectrum disorder in children: population based case-control study,” published in the journal BMJ last week. Although the study does not reveal a causal link, it adds to previous literature highlighting autism risks from pesticide exposure, and reinforces calls to limit pesticide exposure during early life critical windows of vulnerability. The authors note their findings “support the need to avoid prenatal and infant exposure to pesticides to protect the developing child’s brain.” Researchers used data from California’s records of autism disorder diagnosis and birth rates from 1998 to 2010. Roughly thirty-five thousand healthy patients acted as a control, while scientists identified nearly three thousand patients with an autism diagnosis, of which 445 also displayed a co-occurring intellectual disability. Data was then drawn from California’s pesticide use recording database, and eleven pesticides (glyphosate, chlorpyrifos, diazinon, acephate, malathion, permethrin, bifenthrin, methyl bromide, imidacloprid, avermectin, and myclobutanil) were analyzed for their use within 2000 meters (1.25 miles) of the homes of those […]

(Beyond Pesticides, April 17, 2018) In a case that appalled the nation, the U.S. Justice Department finally last week secured an indictment against an applicator who illegally applied a fumigant at a U.S. Virgin Island resort, causing devastating and long-term health effects to a family on vacation. Terminex has already been fined and paid a multi-million dollar settlement with the poisoned family. Jose Rivera, 59, was indicted last Thursday by a federal grand jury for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to the indictment, Mr. Rivera illegally applied fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands, including the condominium resort complex in St. John, where a family of four fell seriously ill in March 2015, announced Assistant Attorney General Jeffrey H. Wood of the Environment and Natural Resources Division and U.S. Attorney Gretchen C.F. Shappert for the District of the Virgin Islands.   The indictment alleges that Mr. Rivera knowingly applied restricted-use fumigants at the Sirenusa resort in St. John for the purpose of exterminating household pests on or about Oct. 20, 2014, and on or about March 18, 2015.  The defendant was also charged with applying the restricted-use pesticide in eight residential […]

(Beyond Pesticides, February 6, 2017) California Department of Pesticide Regulation (CDPR) rules that allow greater use of the highly toxic fumigant Telone, while decreasing protections for the public, have been challenged in California court. On January 31, attorneys representing Juana Vasquez, a farmworker in Ventura County, along with Californians for Pesticide Reform (CPR) and Pesticide Action Network North America (PANNA), filed suit in the Superior Court of California against the California Department of Pesticide Regulation (CDPR). The suit claims that CDPR failed to follow required public procedures in developing new rules for 1,3-Dicholopropene (1,3-D), which is an active ingredient in the product Telone and has many documented health risks, including cancer and kidney and liver damage. In October 2016, CDPR released new rules that allow the continued use of Telone and decrease protections for public health by permitting increased usage. CDPR and many news outlets reported the rule change as a tightening of the restrictions, but in reality, the new rules increase the previous annual cap from 90,250 pounds to 136,000 pounds per township, a defined area of 6×6 miles. These new rules went into effect on January 1, 2017, allowing for 1,3-D’s continued use in strawberry fields, vineyards, almond […]

(Beyond Pesticides, November 16, 2016) The U.S. Environmental Protection Agency (EPA) recently began an investigation of the agrochemical company Monsanto and home pest control giant Terminix for pesticide law violations in Hawaii. Scott Enright, director of the Hawaii State Department of Agriculture (HDOA), said that cases are often referred to EPA when they involve federal jurisdiction, repeat violations, or serious allegations. According to him, the Terminix case was referred to EPA because the complaint included multiple allegations, but he refused to share information about the details of the Monsanto case, citing policies against commenting on ongoing investigations. A third case against Wonder Farm has also been referred to EPA, making for a total of five pesticide-related cases in Hawaii the federal agency has worked on this year. The number of cases referred to EPA is not surprising, as Hawaii has long struggled to keep up with the demands of enforcing pesticide laws within the state. In the wake of these shortcomings, this past summer, Earthjustice sent a letter to EPA requesting that the agency notify the Hawaii State Department of Agriculture of its chronic failure to meet statutory duties for pesticides regulation and enforcement under the Federal Insecticide, Fungicide, and […]

(Beyond Pesticides, October 13, 2016) Last week, the California Department of Pesticide Regulation (CDPR) released new rules that allow for continued use of the toxic fumigant Telone and reduce public health protection by permitting increased usage. One of the active ingredients in the product Telone,  1,3-Dicholorpropene (1,3-D), has many documented health risks, including cancer and kidney and liver damage. While CDPR and many news outlets reported the rule change as a tightening of the restrictions, the new rules effectively increase the previous annual cap from 90,250 pounds to 136,000 pounds per township, a defined area of 6×6 miles. According to CDPR documents, the primary revisions include: increasing the annual limit to 136,000 pounds within each pesticide township, eliminating “rollover” of unused pesticide allotments from prior years, and banning use of Telone in December, when weather conditions are especially problematic for air pollution. These new rules, which go into effect January 1, will allow for 1,3-D’s continued use in strawberry fields, vineyards, almond orchards, and other crops around California. CDPR has been characterizing  its changes in management of 1,3-D as increasingly protective of public health in the state. In making these revisions to the rules, CDPR completed an updated risk assessment […]

(Beyond Pesticides September 26, 2016) Last week, the Center for Environmental Health (CEH) filed a lawsuit against Dow Agrosciences LLC, also known as Dow Chemical, charging  that the “chemical manufacturing giant” fails to warn communities across California about the dangers associated with wide use of the chemical Telone. A trade name for the chemical 1,3-Dicholoropropene, or 1,3-D, Telone is a known carcinogen and is the third most heavily used pesticide in the state. The case focuses on the air pollution caused by the pesticide, as it has been found to linger in the air for multiple days after application, disproportionately impacting the rural communities, often with large minority populations, that live in the immediate vicinity. The case was filed in the State of California Alameda County Superior Court, and Dow has yet to comment or release a statement addressing the allegations against the company. Routinely applied to strawberry fields, almond orchards, vineyards, and an array of other crops, 1,3-D is a restricted use soil  fumigant, used to kill nematodes, insects, and weeds that has strong links  to cancer and other serious health issues. The use of the chemical in the production of strawberries came into prominence with the forced reduction […]

(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. […]

(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 […]

(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 containing methyl bromide in multiple residential locations in the U.S. Virgin Islands.” This decision by Terminix to pay criminal fines comes just one year after a Delaware family of four was poisoned with the neurotoxic pesticide at a resort in St. John, resulting in hospitalization and serious injury. The agreement, which is still subject to District Court approval, requires Terminix USVI to pay $6 million in fines and restitution to EPA for response and clean-up costs, and Terminix LP to pay $3 million in fines and fund a $1 million community service project, and a probation period of three years. In addition, Terminix LP is also responsible for resolving past and future medical expenses for the family through separate civil proceedings. Last March, a family from Delaware was vacationing at a  luxury condo in the U.S. Virgin Islands when they were exposed to […]

(Beyond Pesticides November 25, 2015) The U.S. Virgin Islands is revamping its pesticide enforcement and training and promoting alternatives in the aftermath of  a tragic incident that took place in April of 2015 when a Delaware family, including two teenage sons, were hospitalized after being exposed to an illegal application of  methyl bromide, a highly neurotoxic pesticide. Last week in St. Thomas, U.S. Virgin Islands, the Department of Planning and Natural Resources (DPNR) and the Environmental Protection Agency (EPA) held a joint conference on “Reducing Pesticides in the U.S. Virgin Islands.” As a result of discussions that took place between the more than 100 participants, DPNR has announced plans to promote natural alternatives to toxic pesticides and to draft new applications for commercial and purchase permits related to pesticide application in an effort to increase protections for residents and vacationers from the harmful effects of pesticide poisoning. According to EPA Region 2 Administrator Judith Enck, the full day conference was the first of its kind to take place in the Virgin Islands.   Methyl bromide is a restricted use pesticide and is  not registered for residential use, according to EPA’s 2013 Methyl Bromide Preliminary Workplan (p6). Although mostly banned in […]

(Beyond Pesticides, June 3, 2015) After years of campaigning by local activists and a lawsuit filed by parents citing discriminatory practices from policies that led to disproportionate exposure of Latino children to pesticides, the California Department of Pesticide Regulation (CDPR) will now seek to gather input from stakeholders to determine what measures are appropriate to enhance protection of California’s schoolchildren. Given that Latino children are more likely to attend schools near areas with the highest use of pesticides of concern, and California’s pesticide use has actually increased over recent years, the state will need strong restrictive policies to provide any meaningful protections for school children. According to CDPR, the agency will hold five  workshops from May 28 – June 9 2015 to gather input that will later help craft a statewide regulation on  pesticide use near schools, with a focus  on improving school pesticide notification procedures and reducing the risk of exposure. In California, many schools have been built on prime agricultural land next to farm operations. While there are currently state regulations on the use of individual pesticides, CDPR’s regulatory framework for restricted pesticides also allows for the establishment of additional rules to address local conditions. However, existing rules […]

(Beyond Pesticides, April 10, 2015) Three members of a Delaware family, a father and his two teenage sons, remain hospitalized after being exposed last month to methyl bromide, a highly neurotoxic pesticide, while on vacation at their luxury condo in the U.S. Virgin Islands. 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 (pg. 6). Although mostly banned in the U.S., it can still be used in certain agricultural and food storage sites under a controversial “critical use exemption” loophole in federal (and international) law. According to James Maron, a family spokesman, Steve Esmond, his wife, Theresa Devine, and their two teenage sons are being treated at hospitals in the mainland United States. Mr. Esmond has regained consciousness, but his sons are in critical condition and remain in a coma weeks after the exposure. Use of methyl bromide was confirmed the day after the family became ill, which has helped inform doctors and medical experts on how to treat the family, said Judith Enck, EPA’s regional administrator in New York City, which has jurisdiction over the U.S Virgin Islands. “We have confirmed […]

(Beyond Pesticides, January 23, 2015) Pesticide-centered Program Approved Despite 30,000 Opposition Letters. Eleven groups, including Beyond Pesticides and the City of Berkeley, sued the California Department of Food and Agriculture yesterday over the agency’s approval of a statewide “pest management” plan that allows pesticide spraying on schools, organic farms and residential yards, including aerial spraying over homes in rural areas. California regulators approved the program despite tens of thousands of public comment letters calling for a less toxic approach that would protect the vitality and resilience of the state’s food system and the economic interests of organic farmers. “Environmental review laws are there to prevent abuses,” says Jay Feldman, Executive Director of Beyond Pesticides, “Agencies cannot make unilateral decisions to ignore mandatory health and environmental safety standards.” “The state offers no evidence to support its conclusion that this pesticide-centered program will have no effect on our health,” said Debbie Friedman, cofounder of MOMS Advocating Sustainability. “As a parent, I am particularly disturbed that health risks of pesticide residues for children aged two and under are dismissed based on the absurd reasoning that infants spend most of their time indoors.” The approved program allows the state to use, without any additional […]

(Beyond Pesticides, January 12, 2015) California schools have started implementing new pesticide reporting and use requirements with the start of 2015. All schools and child day care centers statewide are now required to report their annual use of pesticides to the California Department of Pesticide Regulation (CDPR). The requirement comes via amendments made to the state Healthy Schools Act, which requires schools and day care centers to: Develop an Integrated Pest Management (IPM) plan and make it available to the public. Report pesticide use at minimum once a year for pesticides that are not exempt. The first reports will be due January 30, 2016, and will include use from January 1 to Dec. 31, 2015. After July 1, 2016, school staff involved in application of pesticides will be required to complete school-related IPM training annually. Professional applicators will be required to receive this training before application at a school site. In the past, pesticide use on school property was reported to the state by the applicator, which was usually a company contracted by the school district. Now the district must report all use of these chemicals by its own staff. “The real effect in January. . .means that school districts […]

(Beyond Pesticides, June 5, 2014) Environmental advocacy groups filed an Administration Objection and a court appeal last week in order to challenge the Environmental Protection Agency’s (EPA) refusal to quickly correct errors in pesticide registrations and immediately implement measures to protect children from exposure to dangerous pesticides that drift from fields during and after application. EPA’s continued refusal to protect children’s health from pesticide drift is being criticized by numerous environmental, health, and farmworker advocacy groups. The groups, which include  United Farmworkers, Pineros y Campesinos Unidos del Noroeste, Pesticide Action Network of North America, Sea Mar Community Health Centers, California Rural Legal Assistance Foundation, Physicians for Social Responsibility, and Farm Labor Organizing Committee, originally filed a petition back in 2009 titled “Pesticides in the Air””Kids at Risk: Petition to EPA to Protect Children from Pesticide Drift (2009).” The petition asked that the agency properly comply with an existing law that requires EPA to protect children’s health from exposure to pesticides that drift from fields and orchards. After a more than four-year wait and a court appeal, EPA finally provided a response last March. These groups object to EPA’s recent response to their 2009 petition on the basis of two issues, […]

(Beyond Pesticides, December 4, 2013) The U.S. Department of Justice filed a motion in federal court asking a judge to dismiss a lawsuit alleging that the U.S. Environmental Protection Agency (EPA) has failed to uphold environmental justice protections under civil rights law. EPA previously found that Latino schools in California disproportionately suffer from exposure to pesticides due to spraying near their schools, but has yet to adequately remedy these risks, prompting parents to file a civil rights complaint. The schools are near crop fields where toxic fumigants are routinely sprayed and drift off agricultural fields to the nearby community. More than a decade after Latino parents first filed a civil rights complaint with EPA detailing the dangerous levels of pesticides at Latino public schools throughout California, parents on Aug. 23, 2013 filed a lawsuit against EPA to force the agency to protect the civil rights of hundreds of Latino children. The parent say that  ongoing pesticide monitoring set up by the California Department of Pesticide Regulation (CDPR) has not protected children from excessive exposure to pesticides.  The case argues that the Latino community did not receive due process and that EPA’s agreement with CDPR does not prevent schools from pesticide […]

(Beyond Pesticides, September 30, 2013) A new report, published by UCLA’s Sustainable Technology and Policy Program, finds that the California Department of Pesticides Registration (DPR) has failed to ensure that pesticides it approves are safe. Using methyl iodide as a case study, researchers point to key deficits in the approval process and make recommendations for improvements. Methyl iodide was used as a fumigant to control pests on strawberries, despite its threats to human health. It (i) causes miscarriages, thyroid dysfunction, and cancer, (ii) is neurotoxic, causing psychiatric symptoms and movement disorders similar to Parkinson’s disease,  and (iii)  is a developmental toxin that impairs fetal development. The fumigant was designed as a substitute for methyl bromide, which is slated for phase-out by 2015 as an ozone-depleting chemical under the Montreal Protocol. In the formulation, methyl iodide was combined with another fumigant, chloropicrin, to control for pests and approved for use by California DPR on December 2010, despite severe human health risks presented by scientists and substantial outcry by environmental and farmworker organizations. The report, entitled “Risk and Decision: Evaluating Pesticide Approval in California,” examines the effectiveness of DPR in registering pesticides. Most importantly, the report highlights the flawed risk assessment approach […]

(Beyond Pesticides, September 20, 2013) A study of women in Northern California farm towns finds that those living within three miles of strawberries fields treated with methyl bromide gave birth to smaller, lighter babies. Methyl bromides, a fumigant pesticide injected into soils to eliminate soil-borne pests, can volatize into the air exposing nearby neighborhoods. The U.S. and other developed countries have banned the use of methyl bromide under an international treaty that recognized the role of chemicals like methyl bromide to deplete the ozone layer. However, some farmers continue to use the fumigant on strawberries and other crops due to the “critical use exemption” (CUE) stipulation of the laws, which allows the chemical to continue to be used when there are no feasible alternatives. The study, published in Environmental Health Perspectives, examined the health of babies born to 442 pregnant women living in Salinas Valley, CA in 1999 and 2000, when methyl bromide was widely used.   Utilizing data from California’s Pesticide Use Reporting System, the study was able to identify residences that were within 5 kilometers of methyl bromide application. Researchers find that women exposed to the chemical during their second trimester have babies that are  four ounces lighter […]

(Beyond Pesticides, September 4, 2013) More than a decade after Latino parents filed a civil rights complaint with the U.S. Environmental Protection Agency (EPA) detailing the dangerous levels of pesticides at Latino public schools throughout California, the parents are suing the agency for its continuing failure to protect Latino  students. The schools are near crop fields where methyl bromide and other fumigants are sprayed. In August 2011, EPA found that California’s Latino school children suffer disproportionately from exposure to pesticides due to spraying near their schools, but EPA has yet to remedy these exposures. In attempts to finally force EPA to protect civil rights of hundreds of Latino children, Center on Race, Poverty and the Environment (CRPE), California Rural Legal Assistance Inc., Farmworker Justice, and The City Project filed a lawsuit on behalf of the original plaintiffs, the Garcia family, and multiple generations of Latino school children who still do not have substantive protection from the EPA. In 1999, the Garcia family alleged that their children and other Latino children were being exposed to dangerous levels of pesticides at their public schools, which are directly adjacent to several strawberry fields where methyl bromide and other fumigants are sprayed. The complaint […]

(Beyond Pesticides, August 7, 2013) California’s Department of Pesticide Regulation (DPR) has detected the highly toxic pesticide chlorpyrifos in nearly 30% of air tests that are being conducted in three high risk communities surrounded by intensive agriculture. This result is part of DPR’s  2012 results from its  air-monitoring network (AMN)  sampling near the towns of  Ripon, Salinas and Shafter, in Kern County.  The state has been running tests for air particles from methyl bromide and 32 other pesticides and breakdown products and measuring the results against screening levels established by DPR. No state or federal agency has set health standards for pesticides in air. While the state believes the levels found present an acceptable risk, critics maintain that the state’s sampling is not representative of peak agricultural exposures and question whether any level of a toxicant in air is reasonable under the law, given the viability of alternative agricultural practices that do not rely on these chemicals. DPR said no residues were detected in 94.5 percent of the samples it collected, and the levels in the rest were well below thresholds for protecting people from pesticide-related illnesses. The communities in the study were selected from a list of 226 communities […]

(Beyond Pesticides, April 11, 2013) A report released Tuesday by the California Department of Pesticide Regulation (DPR) lays out an “Action Plan” to reduce farmer’s reliance on toxic soil fumigants. The plan was created by the Nonfumigant Strawberry Production Working Group, which was made up of scientists, growers, and other specialists. The working group was assembled in April 2012 because of the health and environmental concerns posed by the continued use of soil fumigants in strawberry production. The working group was asked to develop an action plan of research priorities for developing nonfumigant management strategies. However, even as the working group acknowledged the health and environmental risks posed by the continued use of fumigants, the plan remained conservative in its recommendations; it concluded that, “Even with full commitment to implement this action plan, the strawberry industry will need to continue its use of fumigants for years to remain viable in California,” even though growing strawberries organically without the use of fumigants has been shown to be effective. The working group was most concerned about the continued use of methyl bromide. Historically methyl bromide has been used as a fumigant to eliminate the threat of soil borne pests. Methyl bromide has […]

(Beyond Pesticides, September 12, 2011) While the fight continues over the use of toxic methyl iodide in California, new research is showing that the banned chemical methyl bromide, which methyl iodide was intended to replace, is continuing to be used in alarming amounts across the state due to a sizeable loophole in the regulations. While some may argue that this is simply a consequence of the controversy surrrounding methyl iodide, those concerned with human health and the environment point out that it is irresponsible and counterproductive to replace a devastating environmental contaminant with a highly toxic human carcinogen, especially when there are more responsible alternatives to both which can be employed. Most methyl bromide is used to fumigate, or sterilize, agricultural soils, especially those growing strawberries, though it is used for other crops as well. It is also used in high amounts as a structural fumigant to eradicate indoor pests. The most common applications of this kind are for residential termite treatments and for insects in food storage facilities. An investigation by New America Media has found that use of methyl bromide in California in 2009 was still at nearly 50% of levels from ten years prior, before the supposed […]