Defend Communities Right to Protect Public Health and the Environment

There is still ongoing movement in federal Farm Bill negotiations to preempt local communities from restricting pesticides. So, we're requesting that you ask your Congressional representative in the U.S. House of Representatives to join with other members of Congress in signing a “Dear Colleague” letter opposing federal preemption of local authority on pesticide use. The Congressional letter emphasizes the importance of preserving the rights of state, county, and local governments to protect their communities and enact policies that align with local needs. The letter argues that curtailing these powers would undermine public safety and jeopardize environmental and public health standards. 

It is critical that local governments have the authority to adopt pesticide restrictions that are more protective than the federal government, as affirmed by the 1991 U.S. Supreme Court decision in Wisconsin Public Intervenor v. Mortier. The court found that federal pesticide law (Federal Insecticide, Fungicide, and Rodenticide Act-FIFRA), as currently written, does not preempt local authority.  

>>Urge your U.S. Representative to sign the Congressional “Dear Colleague” Letter and uphold the right of local governments and states to restrict pesticides. Time sensitive: Please take action today (Friday, October 13, 2023) or as soon as possible. Thank you!

FIFRA grants the U.S. Environmental Protection Agency (EPA) the authority to regulate pesticides in the U.S. Congress established FIFRA as a federal baseline (floor) for pesticide policies, allowing state and local governments to implement additional standards and restrictions tailored to their communities' unique requirements and concerns. 

Many states and numerous municipalities have already enacted laws and ordinances aimed at pesticide safety, such as restricting pesticide use near sensitive areas like schools and parks, safeguarding drinking water supplies, and providing consumers with information to make informed decisions about pesticide use. Many of these measures also equip farmworkers with the knowledge and tools to reduce occupational risks associated with pesticides. 

The lawmakers who penned the “Dear Colleague” letter express deep concern over legislative proposals that seek to limit state and local adoption of pesticide restrictions. They argue that these proposals challenge the longstanding balance of federal, state, and local authority established by FIFRA. Moreover, these initiatives run counter to decades of precedent and Supreme Court rulings that uphold the right of democratically elected local governments to address their community's specific needs. 

Our long-held federal-state balance of local, state, and federal authority will be broken if the federal government steps in to deny localities the authority to control pesticide use more stringently than federal law. It is of note that there are local conditions (ecosystems, health issues such as cancer clusters, elevated childhood asthma, or determinations of acceptable harm/risk/uncertainty) that local governments/jurisdictions, closest to the ground and the issues, are equipped to address. 

The lawmakers who signed the letter call on their colleagues in Congress to reject any pesticide policy riders that would diminish local authority and compromise the ability of Congress to pass bipartisan legislation. They emphasized the importance of maintaining a robust system of checks and balances that allows local governments to respond to the unique challenges and needs of their communities. 

Federal preemption in the context of pesticide legislation in the Farm Bill would mean a federal ban on local pesticide restrictions (often called a ban on bans), whereas currently local authority is a state question. Preemption language in the Farm Bill would mean the federal government can override (supersede) the authority of individual states to regulate their local areas, as long as those states meet the minimum standards set by the federal government (i.e., the EPA-approved label on the pesticide). Generally, the federal government will set a floor (in this case FIFRA) of basic rules to protect everyone in the country, and then states can choose to allow stricter rules at the local level, similar requirements related to recycling, zoning, dog waste, smoking, and water treatment. However, with federal pesticide preemption, the federal government is taking away the state's ability to decide whether its local areas can have stricter rules than the state itself.  

The preemption issue strikes at the fundamental relationship between the federal government and the states. It is about whether the federal government can stop states from allowing their local areas to have stricter pesticide regulations.

>>Urge your U.S. Representative to sign the Congressional “Dear Colleague” Letter and uphold the right of local governments and states to restrict pesticides. Time sensitive: Please take action today (Friday, October 13, 2023) or as soon as possible. Thank you!

Current co-signers: McGovern*, Mace*, Blumenauer*, Adams, Barragán, Beyer, Bonamici, Bowman, Troy Carter, Cartwright, Casar, Casten, Castor, Castro, Chu, Clarke, Cohen, Connolly, Crockett, DeSaulnier, Dingell, Escobar, Frankel, Chuy García, Robert Garcia, Sylvia Garcia, Grijalva, Gottheimer, Hayes, Hoyle, Huffman, Jeff Jackson, Jackson Lee, Jacobs, Jayapal, Hank Johnson, Khanna, Barbara Lee, Leger Fernandez, Lieu, Lofgren, Lynch, McClellan, McCollum, Meng, Mfume, Moulton, Mullin, Nadler, Neguse, Norcross, Norton, Ocasio-Cortez, Pappas, Payne, Pettersen, Pingree, Porter, Pressley, Quigley, Ramirez, Raskin, Ross, Ruiz, Ruppersberger, Sánchez, Schakowsky, Schneider, Stansbury, Swalwell, Thanedar, Titus, Tlaib, Tokuda, Trone, Vargas, Velázquez, Waters, Watson Coleman, Wexton, Nikema Williams, Frederica Wilson.

The targets for this Action are the U.S. House of Representatives.  

Thank you for your active participation and engagement!

Letter to U.S. Representative Requesting Sign-On 

I am writing to ask you to sign on to a “Dear Colleague” letter in opposition to any efforts to limit longstanding state and local authority to protect people, animals, and the environment by regulating pesticides. As Congress considers legislation related to agriculture, including the reauthorization of the Farm Bill and Fiscal Year 2024 appropriations bills, I urge you to ensure that state, county, and local governments retain the right to protect their communities and set policies that best suit local needs. 

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) establishes the authority of the Environmental Protection Agency to oversee the registration, distribution, sale, and use of pesticides in the United States. Congress has long considered FIFRA to set a federal floor for pesticide policy, and under FIFRA, state, county, and local governments possess authority to enact supplementary standards. The majority of states – as well as hundreds of towns and cities – have adopted laws and ordinances related to pesticide safety. These include laws to restrict pesticide use near schools, parks, and playgrounds, protect drinking water supplies and wildlife, provide consumers with adequate information to make informed decisions about use and exposure, and equip workers with information and tools to minimize occupational risk. 

We are deeply concerned that legislative proposals to curtail state and local input regarding pesticide policy are contrary to FIFRA’s longstanding balance of federal, state, and local authority. These proposals seek to overturn decades of precedent and Supreme Court rulings that allow for democratically elected local governments to address the specific needs of their communities. State and local governments are often best positioned to respond quickly to emerging risks within their communities, and proposals to weaken their ability to respond could have a significant impact on public safety. Preemption of state and local authority could result in an immediate removal of protections for communities across the country, with the potential to limit accountability for manufacturers who fail to adequately warn consumers about the hazards posed by certain high-risk pesticides. 

As the House continues its work in the 118th Congress, we urge you to reject any and all harmful pesticide policy riders that would both diminish local authority and compromise Congress’ ability to deliver bipartisan legislation for the American people. Thank you for your consideration of this request. 

Please use this Congressional Sign on via QUILL to join on the “Dear College Letter.”

(As a note, the QUILL link will only be accessible to members of Congress).

Thank you for your consideration. 

Thank you letter to co-signers of “Dear Colleague” letter 

Current signers: McGovern*, Mace*, Blumenauer*, Adams, Barragán, Beyer, Bonamici, Bowman, Troy Carter, Cartwright, Casar, Casten, Castor, Castro, Chu, Clarke, Cohen, Connolly, Crockett, DeSaulnier, Dingell, Escobar, Frankel, Chuy García, Robert Garcia, Sylvia Garcia, Grijalva, Gottheimer, Hayes, Hoyle, Huffman, Jeff Jackson, Jackson Lee, Jacobs, Jayapal, Hank Johnson, Khanna, Barbara Lee, Leger Fernandez, Lieu, Lofgren, Lynch, McClellan, McCollum, Meng, Mfume, Moulton, Mullin, Nadler, Neguse, Norcross, Norton, Ocasio-Cortez, Pappas, Payne, Pettersen, Pingree, Porter, Pressley, Quigley, Ramirez, Raskin, Ross, Ruiz, Ruppersberger, Sánchez, Schakowsky, Schneider, Stansbury, Swalwell, Thanedar, Titus, Tlaib, Tokuda, Trone, Vargas, Velázquez, Waters, Watson Coleman, Wexton, Nikema Williams, Frederica Wilson.

I am writing to thank you for signing on to a “Dear Colleague” letter in opposition to any efforts to limit longstanding state and local authority to protect people, animals, and the environment by regulating pesticides. As Congress considers legislation related to agriculture, including the reauthorization of the Farm Bill and Fiscal Year 2024 appropriations bills, I appreciate your efforts to ensure that state, county, and local governments retain the right to protect their communities and set policies that best suit local needs. 

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) establishes the authority of the Environmental Protection Agency to oversee the registration, distribution, sale, and use of pesticides in the United States. Congress has long considered FIFRA to set a federal floor for pesticide policy, and under FIFRA, state, county, and local governments possess authority to enact supplementary standards. The majority of states – as well as hundreds of towns and cities – have adopted laws and ordinances related to pesticide safety. These include laws to restrict pesticide use near schools, parks, and playgrounds, protect drinking water supplies and wildlife, provide consumers with adequate information to make informed decisions about use and exposure, and equip workers with information and tools to minimize occupational risk. 

We are deeply concerned that legislative proposals to curtail state and local input regarding pesticide policy are contrary to FIFRA’s longstanding balance of federal, state, and local authority. These proposals seek to overturn decades of precedent and Supreme Court rulings that allow for democratically elected local governments to address the specific needs of their communities. State and local governments are often best positioned to respond quickly to emerging risks within their communities, and proposals to weaken their ability to respond could have a significant impact on public safety. Preemption of state and local authority could result in an immediate removal of protections for communities across the country, with the potential to limit accountability for manufacturers who fail to adequately warn consumers about the hazards posed by certain high-risk pesticides. 

As the House continues its work in the 118th Congress, we urge you to reject any and all harmful pesticide policy riders that would both diminish local authority and compromise Congress’ ability to deliver bipartisan legislation for the American people. Thank you for your consideration of this request. 

Thank you for your work on this.