(Beyond Pesticides, September 25, 2014) Last week, the Borough of Skagway, Alaska passed a comprehensive vegetative maintenance pesticide ordinance, joining a growing number of localities across the country in enacting restrictions that protect human health, wildlife, and the wider environment from the hazards associated with unnecessary pesticide use. Among a number of notable accomplishments, Skagway’s Ordinance 14-15 makes it the first municipality in Alaska to ban the use of bee-toxic neonicotinoids by government employees. However the new law goes further, prohibiting the sale and use of neonicotinoid-containing products on all public and private lands in the Borough of Skagway. The state of Alaska is one of seven states that affirms the right of a local jurisdiction  to restrict pesticide use throughout its jurisdiction by not adopting law that preempts localities. Skagway, Alaska’s Ordinance 14-15 also: Prohibits the sale and use of persistent herbicides (persistent according to the US Composting Council) on public and private property. Prohibits the use of restricted herbicides within 300 feet of any waterway. Creates a list of restricted pesticides (based in part upon the list of pesticides restricted in Takoma Park, Maryland). Although the ordinance establishes a waiver system by which restricted pesticides may be used, […]

(Beyond Pesticides, September 24, 2014) New York Assemblyman Fred W. Thiele, Jr. and State Senator Kenneth LaValle have introduced legislation that will  prohibit the future use of utility poles treated with pentachlorophenol (PCP), and call for the posting of warnings to inform people about the dangers of contact with PCP on existing poles. PCP has been listed as a possible carcinogen, is typically contaminated with various forms of dioxins and furans -known carcinogens that persist in the environment. Just last week, Beyond Pesticides reported that the Town of North Hempstead on Long Island, New York passed a new law requiring warning labels on utility poles that are treated with the hazardous wood preservative  pentachlorophenol  (PCP). Labeling for treated poles are now required to have the following warning: “This pole contains a hazardous chemical. Avoid prolonged direct contact with this pole. Wash hands or other exposed areas thoroughly if contact is made.” PCP is highly toxic and has been listed as a possible carcinogen by national and international agencies. Concerns have been raised throughout the years over the U.S. Environmental Protection Agency’s (EPA) continued registration of PCP in the U.S. even though it has already been banned in all European Union […]

(Beyond Pesticides, September 23, 2014) A new study finds that the increasingly common use of treated wastewater on food crops can result in contamination from chemicals like DEET, triclosan, and pharmaceutical drugs. The study, titled “Treated Wastewater Irrigation: Uptake of Pharmaceutical and Personal Care Products by Common Vegetables under Field Conditions” and published in Environmental Science & Technology,  measures levels of 19 commonly occurring pharmaceutical and personal care products (PPCPs) in eight  types of vegetables irrigated with treated wastewater under field conditions. The analytes studied include compounds that are commonly detected in treated wastewater, including 16 pharmaceuticals (acetaminophen, caffeine, meprobamate, atenolol, trimethoprim, carbamazepine, diazepam, gemfibrozil, and primidone) and three  personal care products (DEET, triclosan, and triclocarban). The vegetable species included in the  study are carrot, celery, lettuce, spinach, cabbage, cucumber, bell pepper, and tomato, which were included because they are often consumed raw by people and are also among the most important cash crops in arid and semi-arid regions, such as southern California, where there has been a rapid increase in irrigation with treated wastewater. The study points to water shortages in many parts of the world and the U.S. as factors contributing to the increase in use of recycled […]

(Beyond Pesticides, September 19, 2014) The pesticide treadmill continues to turn with the U.S. Department of Agriculture’s (USDA) recent approval this week of three 2,4-D-tolerto ant corn and soybean crops, developed by Dow AgroSciences. Some growers have been pushing for the new Enlist crops in order to combat the rapid proliferation of glyphosate-resistant weeds. The use of glyphosate, the active ingredient in Monsanto’s Roundup formulation, on genetically-engineered (GE) crops has proven to be an abject failure due to widespread weed resistance. So widespread is this resistance that the U.S. Environmental Protection Agency (EPA) has  granted an emergency use exemption  for fluridone, which does not have registered uses in agriculture.  More recently, Texas regulators requested the use of propazine to combat glyphosate-resistant Palmer amaranth, or pigweed, which EPA recently denied,  citing risks to drinking water and other hazards.   Even though the agency denied the emergency use application, it accepted the argument put forth by the Texas Department of Agriculture that  glyphosate-resistant weeds in three million acres of herbicide-tolerant cotton constituted an  “urgent non-routine situation.”  Beyond Pesticides argued to EPA that the weed resistance in  herbicide-tolerant cropping systems is very predictable and has become routine, thus disqualifying states from using the […]

­ ­ ­(Beyond Pesticides, September 17, 2014) DuPont agreed to pay the U.S. Environmental Protection Agency (EPA) $1.853 million to settle charges from the agency that the chemical giant’s herbicide product ImprelisTM was responsible for killing and damaging thousands of acres of spruce and pine trees in 2011. On Monday, EPA filed a Consent Agreement and Final Order against DuPont for violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for selling and distributing its pesticide product -ImprelisTM herbicide. EPA contends that DuPont failed to submit in a timely manner  field trial studies indicating potential ecological adverse effects from the use of Imprelis. In 2011, in what some say was one of the biggest disasters of its kind, Norway spruce and white pine tree damage and deaths were reported throughout the Midwest, in East Coast states, and as far south as Georgia. It was determined that Imprelis, marketed as a “low environmental impact” pesticide, was applied during the spring to control weeds on lawns and other landscapes in the vicinity of the non-target evergreen trees. Imprelis, whose active ingredient is the potassium salt of aminocyclopyrachlor, was conditionally registered by EPA in September 2010, in a regulatory process reminiscent of […]

(Beyond Pesticides, September 15, 2014) The Town of North Hempstead on Long Island, New York has passed a new law requiring warning labels on the utility poles that are treated with the hazardous wood preservative, pentachlorophenol  (PCP). At the town board meeting on September 9, a vote of 7-0 mandated the labeling with the following warning: “This pole contains a hazardous chemical. Avoid prolonged direct contact with this pole. Wash hands or other exposed areas thoroughly if contact is made.” Since the Long Island Power Authority (LIPA), operated by Public Service Enterprise Group (PSEG), installed thousands of new hurricane-resistant utility poles that are thicker and taller, it shed  more light on the community hazards  associated with use of pentachlorophenol. Of the 324,000 utility poles on Long Island, about 95,000 have been treated with PCP. Even though there is a prohibition  of PCP for residential uses within the U.S., it still can be used on utility poles, railroad ties and other industrial uses under  federal law. The U.S. Environmental Protection Agency (EPA) defines pentachlorophenol as “extremely toxic” to humans even from short-term exposure and is listed as a “probable human carcinogen.” The inhalation or ingestion can lead to cancer, Hodgkin’s disease, […]

(Beyond Pesticides, September 12, 2014) A new U.S. Geological Survey (USGS) report finds that levels of pesticides continue to be a concern for aquatic life in many of the Nation’s rivers and streams in agricultural and urban areas. The study, which documents pesticide levels in U.S. waterways for two decades (1992-2011), finds pesticides and their breakdown products in U.S. streams more than 90 percent of the time. Known pesticide water contaminants, such as atrazine, metolachlor, and simazine, continue to be detected in streams more than 50 percent of the time, with fipronil being the pesticide most frequently found at levels of potential concern for aquatic organisms in urban streams. According to the USGS report, “An Overview Comparing Results from Two Decades of Monitoring for Pesticides in the Nation’s Streams and Rivers, 1992—2001 and 2002—2011,” featured in the journal, Environmental Science and Technology and part of the agency’s ongoing National Water-Quality Assessment Program, the proportion of streams with one or more pesticides that exceed an aquatic-life benchmark (or guideline) is similar between the two decades for streams and rivers draining agricultural and mixed-land use areas, but much greater during the 2002-2011 for streams draining urban areas. During both decades, one or […]

(Beyond Pesticides, September 11, 2014) A study of pregnant women living near or working in Costa Rican banana fields shows disturbing levels of the fungicidal component ethylene thiourea (ETU) in the urine samples collected from the women tested. In 72 percent of the 445 women tested, researchers found ETU in urine at levels five times greater than that of the general population. The levels detected in the urine exceed reference doses  ””the numbers set by regulatory agencies, like the U.S. Environmental Protection Agency (EPA), that reflect the maximum acceptable oral dose of a toxic substance. Scientists conducting the study, Aerial Application of Mancozeb and Urinary Ethylene Thiourea (ETU) Concentrations among Pregnant Women in Costa Rica: The Infants’ Environmental Health Study (ISA), focused on ethylene thiourea because it is the main metabolite of the active ingredient found in Mancozeb, a fungicide used in agriculture, professional turf management, and horticulture. The fungicide’s prominent uses on food and feed crops include tree fruits, such as bananas, apples, and pears. It is not just the presence and levels found within the urine that  is troubling. Researchers also discovered that pregnant women who live within 48 meters of banana plantation have on average 45% more […]

(Beyond Pesticides, September 10, 2014) As bee and other pollinator populations continue to decline around the world, with clear evidence pointing to neonicotinoid pesticides as a prime cause, Emory University announced last week that it will be eliminating the use of this controversial class of chemicals from its campus, joining institutions and  communities like University of Vermont Law School, Spokane  (Washington),  Eugene (Oregon), and Shorewood (Minnesota). Neonicotinoids are a class of insecticides that share a common mode of action that affects the central nervous system of insects,  affecting the organisms’ ability to function. These systemic pesticides, which move through the plant’s vascular system and express themselves through pollen and nectar, include imidacloprid, acetamiprid, clothianidin, dinotefuran, nithiazine, thiacloprid and thiamethoxam. A continually growing body of science has implicated neonicotinoids, which are applied to or incorporated into seeds for agricultural, ornamental and garden plants, as a key factor in recent global bee die-offs. Beekeepers across the country reported losses of 40 to 90 percent of their bees last winter. The implications of this loss are staggering —one in every three bites of food is reliant on bee pollination, and pollinators make possible  $20-30 billion of annual U.S. agricultural production. Last week, Emory […]

(Beyond Pesticides, September 9, 2014) Multinational pesticide manufacturer Syngenta  has petitioned the U.S. Environmental Protection Agency (EPA) to raise the allowable levels of a systemic pesticide on a number of crops. In certain cases, such as hay from wheat, the company is asking for a 400x increase in the tolerance level set by the federal agency. The pesticide in question is thiamethoxam, a member of the neonicotinoid class of insecticides that have been widely implicated in global pollinator declines. Many of the requested tolerance increases are for crops that end up as feed for livestock, but are also foraged by pollinators. For example, Syngenta is requesting increases on sweet corn used as forage from 0.1 parts per million (ppm) to 5.0 ppm — a 50x increase. The company is also requesting new tolerances on known bee-attractive crops; while tolerances on sunflower are currently 0.02 ppm, the company is requesting a new tolerance for sunflower seeds at 0.4 ppm. As explained to Greenwire, Syngenta is asking for the tolerance increases because it wants to use the chemical as a leaf spray for late season crops, in addition to its use as a seed treatment. While Syngenta is proposing to increase the […]

(Beyond Pesticides, September 8, 2014) It was quite a shock that a blueberry pie could give a 10-year old girl such a terrible allergic reaction that it led her to be taken to the hospital. She experienced facial flushes, hives and irregular breathing. Fortunately, she recovered in the hospital after they treated her with epinephrine. Even though the girl has asthma and allergies to milk and penicillin, it was not the pie she had the allergic reaction to, but the residue of an antibiotic found in the blueberries. In order to understand why she had those reactions, doctors tested her for allergies to ingredients within the pie and all came up negative. When they discovered that the blueberries had been contaminated with streptomycin, they gave her an allergy test. She had all the same reactions. Further research done by scientists solidified the fact that the blueberries had been contaminated with the antibiotic. While streptomycin is used to treat infections in people, it is also used in industrial agriculture, mixed with pesticides that are used on crops in attempts to stop bacteria and blight. According to the lead author of the study, Anne Des Roches MD, this is the first time […]

(Beyond Pesticides, September 5, 2014) A study published in a scientific journal finds that the U.S. Environmental Protection Agency (EPA) favors the chemical  industry when making determinations on pesticide safety. Under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), EPA conducts  risk assessments to determine whether a new or existing chemical is eligible for registration or reregistration and therefore able to enter or remain on the market. The study’s conclusions raise serious concerns for both environmental and human health protection because of EPA’s practice of inviting bias and underestimating potential harm. The study, which will be in the October issue of BioScience, highlights the case of atrazine, an herbicide that has been linked to cancer, endocrine disruption, birth defects, and reproductive effects. In their study, Michelle Boone, Ph.D., of Miami University, and her colleagues find that most pesticide toxicity tests used in risk assessments are conducted by pesticide manufacturers themselves. The authors contend that this can result in conflicts of interest. Additionally, strict methodological criteria, such as the types of containers in which exposed specimens are raised, often mean that potentially relevant studies are barred from EPA’s assessment process. The agency reassessed atrazine  based on a sole, manufacturer-funded study, finding […]

(Beyond Pesticides, September 4, 2014) Beekeepers in Ontario, Canada are tired of losing bees and have decided to take matters into their own hands by filing a class action lawsuit against two makers of neonicotinoids. According to The Globe and Mail, the lawsuit alleges that Syngenta and Bayer CropScience were negligent in the design, sale, manufacture, and distribution of neonicotinoid pesticides and this negligence caused the plaintiffs, Sun Parlor Honey and Munro Honey, to suffer $450 million in damages. These alleged damages are based on losses from damaged or lost bee colonies, decreased honey production, lost profits, and unrecoverable costs ””all because of neonicotinoids. Neonicotinoids are chemically similar to nicotine and are pesticides that are toxic to a broad range of insect pests. They are also known as systemic pesticides, which are pesticides that spread throughout the entire plant structure, making everything from roots to pollen toxic to organisms that come in contact with it. As a result of neonicotinoids systemic nature, pre-treatment practices, and other factors these dangerous pesticides have been linked to the global disappearance of honey bees and other non-target organisms, such as earthworms, birds, and aquatic invertebrates. For honey bees, the impacts have been astounding, with […]

(Beyond Pesticides, September 3, 2014) The U.S. Justice Department sentenced Steven A. Murray, a pesticide operator with Bio-Tech Management in Pelham, Georgia, to two years in prison last week after as a result of charges related to a cover up illegal pesticide applications made at over 100 nursing homes. Mr. Murray pleaded guilty to one count of conspiracy, three counts of false statements, two counts of mail fraud, and 10 counts of unlawful use of a registered pesticide. In addition to being sentenced to two years in prison, Murray was subject to a $7,500 fine. His company was placed on three years of probation and also required to pay a $50,000 fine. From October 2005 to June 2009, Mr. Murray and Bio-Tech provided monthly pest control services to hundreds of nursing homes in several southern states including Georgia, South Carolina, North Carolina and Alabama by spraying pesticides in and around their clients’ facilities. Bio-Tech employees routinely  applied  the pesticide Termidor indoors, contrary to the  manufacturer’s  label  instructions, and then created false service reports to conceal that illegal use. After the Georgia Department of Agriculture made inquiries regarding Bio-Tech’s illegal use of Termidor and other pesticides, Mr. Murray directed several of […]

(Beyond Pesticides, September 2, 2014) U.S. Representative Henry Waxman (D-Calif.) sent a letter to the U.S. Environmental Protection Agency (EPA) last week asking them a poignant question: Why didn’t the human health risk assessment of Dow’s newest 2,4-D-based herbicide apply the ten-fold safety factor required by national law to protect children and infants? The question is a good one and events leading up to it began back in April 2014, when EPA opened up a public comment period for Dow AgroSciences’s application to expand the use of its 2,4-D choline salt herbicide, known as Enlist Duo ®, on 2,4-D-tolerant corn and soybeans. This application was the next step in ushering in a new wave of genetically-engineered (GE) crops sought to replace the quickly waning glyphosate-resistant or Roundup Ready ® varieties. As EPA described on its Enlist-Duo ® webpage, “Weeds are becoming increasingly resistant to glyphosate-based herbicides and are posing a problem for farmers. If [the Enlist Duo ® application is] finalized, this action would provide an additional tool to reduce the spread of glyphosate resistant weeds.” In other words, because of the overuse of glyphosate on GE glyphosate-resistant crops and the resulting development of weeds across the U.S. showing resistance […]

(Beyond Pesticides, August 28, 2014) It’s back to school time again, which for many of our readers and parents across the country means the unnerving possibility of hazardous pesticide exposure at school from well-intentioned but misguided attempts to create a germ and pest-free environment. Because children face unique hazards from pesticide exposure due to their small size and developing organ systems, using toxic chemicals to get rid of pests and germs harms students much more than it helps. Fortunately, parents and teachers have many options for safer techniques and strategies to implement a pest management program at schools without relying on these toxic chemicals. Additionally, schools can further their students’ education beyond the lessons of the text book by providing habitat for wildlife and growing organic food in a school garden.  By going organic, your child’s school can become a model for communities across the nation. Beyond Pesticides has put together this back-to-school checklist of programs and steps you can take to ensure that you are sending your kids back to a healthier and safer environment. Get Organized and Improve Your School’s Pest Management Program Whether you’re a parent, community activist, landscaper, school administrator or employee, use these steps to […]

(Beyond Pesticides, August 26, 2014) Nearly a year after residents in Curry County Oregon were sprayed with herbicides, the pilot responsible for the incident had  his license suspended for a year and was fined $10,000 by the Oregon Department of Agriculture (ODA). The Pacific Air Research Company, which employed the pilot, was also fined $10,000 and had all its licenses revoked for a year for providing false information to the state. The initial incident happened in October 2013, when  residents complained of experiencing rashes, headaches, asthma, and stomach cramps right after the application. As reported in the The Oregonian, after the investigation, ODA was criticized by environmental groups and the general public for not doing a proper investigation. It took 6 months for any information to be disclosed even though the poisoned residents requested it. Pacific Air Research at the time of the incident stated that the only chemical being sprayed was glyphosate. Then, ODA conducted an investigation and concluded that the spray was not directly linked to the conditions displayed by residents. Unsatisfied with  the state’s findings, a local environmental group, Beyond Toxics, forced  ODA to produce all its records, which confirmed that 2, 4-D and triclopyr were the […]

(Beyond Pesticides, August 22, 2014) In a blow to the adoption of urgently needed protections for pollinators, the California State Senate voted 35-1, after an earlier Assembly vote of 75-0,  to delay a requirement for action on bee-harming neonicotinoid (neonic) pesticides until 2020. While advocates want mandates for  regulatory action to protect bees, the timeline in the bill ignores that ongoing crisis faced by bees, beekeepers, and agriculture dependent on bee pollination.  Assembly Bill 1789 provides the California Department of Pesticide Regulation (CalDPR) another four years to reevaluate neonicotinoid pesticides, and an additional two years to implement any measures that would be needed to protect pollinator health. Given that CalDPR began its reevaluation of neonics in 2009, and existing law would have required a complete reevaluation within two years, the legislature’s new 2020 timeline has been met with strong criticism from beekeepers and environmental groups. The passage of AB 1789 sets the CalDPR on a track similar to the U.S. Environmental Protection Agency’s (EPA) timeline for neonic review. This timeline is widely seen as an unacceptable response to the pollinator crisis, given unsustainable declines of greater than 30% of managed honey bee colonies each year, and widespread adverse impacts on […]

(Beyond Pesticides, August 22, 2014) The Town Board in Wheatfield, New York unanimously voted last month to amend its biosolids law to ban any application of sewage sludge and other similar materials from the treatment of municipal wastewater to any land in town, even for those who already have permits from the state. The law reasons that the potential contamination of groundwater, surface water, and soil, as well as the potential for air pollution, poses an unreasonable risk to town residents, public health, and the environment. Biosolids, otherwise known as sewage sludge, are composed of dried microbes previously used to process wastewater in treatment plants. The material is increasingly being used in conventional agriculture, but its application is explicitly forbidden in organic production. This is because the sludge can contain high concentrations of toxic contaminants, such as pesticides, detergents, estrogenic hormones, antibiotics, dioxins, PCBs, flame retardants, and heavy metals. A 2002 study revealed the material to be associated with an increased prevalence of Staphylococcus aureus infections, a condition known to cause skin rashes and respiratory problems, for people located in close proximity to biosolid application sites. More recently, new research adds to existing evidence of the hazards of sewage sludge […]

(Beyond Pesticides, August 21, 2014) In case there wasn’t enough news about the hazards of the ubiquitous antibacterial chemical triclosan in the past week, another study published Tuesday finds additional risks associated with exposure to the pesticide. The study, Health Care Worker Exposures to the Antibacterial Agent Triclosan, led by researchers at University of California San Francisco (UCSF) finds that washing hands with antibacterial soap exposes hospital workers to significant and potentially unsafe levels of triclosan. In the study, published in the August issue of the Journal of Occupational and Environmental Medicine, researchers analyze urine samples from two groups of 38 doctors and nurses at two hospitals, identified as Hospital 1 and Hospital 2. Hospital 1 used an antibacterial soap containing 0.3 percent triclosan, while Hospital 2 used plain soap and water. Workers at Hospital 1 had significantly higher levels of triclosan in their urine than workers at Hospital 2. “Antimicrobial soaps can carry unknown risks, and triclosan is of particular concern,” said co-investigator Paul Blanc, MD, a professor of medicine at UCSF who holds the Endowed Chair in Occupational and Environmental Medicine. “Our study shows that people absorb this chemical at work and at home, depending on the products […]

(Beyond Pesticides, August 19, 2014) Newly released documents from the U.S. Food and Drug Administration (FDA) reveals that regulators expressed concerns over the safety of triclosan in Colgate Total toothpaste during the product’s registration in the mid-1990s. This information was provided to the public by FDA after a Freedom of Information Act request by the Natural Resources Defense Council (NRDC), and was posted on the agency’s website after inquiries from Bloomberg News. In addition to health effects previously identified by Beyond Pesticides, these documents raise concerns about the use of triclosan as an anti-gingivitis agent in toothpaste; a use which is not currently under scrutiny as FDA conducts its long-awaited health review of the chemical. Although FDA is requiring manufacturers of triclosan-containing soaps to prove that their products are not hazardous to humans and more effective than regular soap and water, triclosan formulated in toothpaste was not subject to a similar requirement as FDA had indicated that the chemical is effective as an anti-gingivitis agent. Colgate Total is the only brand of toothpaste on the market that still contains triclosan; GlaxoSmithKline, producer of Aquafresh and Sensodyne, removed triclosan from its toothpaste in 2009. And a focus on safer products seems […]

(Beyond Pesticides, August 18, 2014) In a victory for environmental groups, conservationists, and fishing groups, the U.S. Environmental Protection Agency (EPA) finalized a settlement last Wednesday to restore no-spray buffer zones around waterways to protect imperiled salmon and steelhead from five toxic pesticides.   An initial agreement was reached in June, when it underwent public comment, and was ultimately filed August 13 without any substantive changes. The settlement follows litigation filed by Earthjustice, representing the Pacific Coast Federation of Fishermen’s Associations, the Northwest Coalition for Alternatives to Pesticides, and Defenders of Wildlife, back in 2010 that called for EPA adoption of reasonable fish protections from the insecticides. The buffers apply to salmon habitat throughout California, Oregon, and Washington to prohibit aerial spraying of broad-spectrum pesticides diazinon, chlorpyrifos, malathion, carbaryl, and methomyl within 300 feet of salmon habitat and prohibit ground-based applications within 60 feet. “Poisoning salmon rivers puts our people out of work while creating an unnecessary and expensive public health hazard,” said Glen Spain of the Pacific Coast Federation of Fishermen’s Associations, a West Coast commercial fishing industry trade association and co-plaintiff. “This agreement helps the coastal and inland communities that depend on salmon for their livelihoods and provides […]

(Beyond Pesticides, August 15, 2014) Residents of Southern Oregon are tired of being told that farming and forest industry rights to pollute and spray toxic chemicals trump their rights to live healthy lives, so they are taking the matter to court, except not in the way most would assume. Because unlike many instances where citizens could allege nuisance and trespass for toxic or smelly invasions onto private property and into their lives, Oregon residents and many others across the country are prohibited by law from filing such claims against agricultural industries. Known generally as Right-to-Farm Acts, Oregon’s Farm and Forest Practices Act prohibits local laws from making farming and forest practices a nuisance or trespass. The law also grants immunity from private actions, unless, of course, severe injury or death resulted. As one of the attorneys, Chris Winters of the Crag Law Center, representing the Oregon residents explained to reporters, “The law basically grants an immunity to people who spray pesticides from being held responsible.” In filing the lawsuit, plaintiffs hope that a court will change all of this and invalidate the Farm and Forest Practices Act as unconstitutional, because of the state’s constitutional guarantee of remedy for injury to […]