(Beyond Pesticides, October 27, 2009) U.S. District Judge Paul Huck (Miami) has said a multimillion dollar judgment against U.S. food giant Dole and the Dow Chemical Company cannot be enforced because, “[T]he judgment was rendered under a system which does not provide impartial tribunal or procedures compatible with the requirements of due process of law, and the rendering court did not have jurisdiction over Defendants.” A trial court in Chinandega, Nicaragua, had awarded the money in 2005 to 150 Nicaraguan citizens who believe they were injured by exposure to the pesticide dibromochloropropoane, or DBCP, when they worked on Dole banana plantations between 1970 and 1982. This actiion was taken despite findings in the U.S. that DBCP causes sterility and regulatory action to remove it from the market. The trial court awarded Plaintiffs approximately $97 million under “Special Law 364,” enacted by the Nicaraguan legislature in 2000 specifically to handle DBCP claims. The average award was approximately $647,000 per plaintiff. According to the Nicaraguan trial court, these sums were awarded to compensate plaintiffs for DBCP-induced infertility and its accompanying adverse psychological effects. In similar cases in the past, the companies have refused to pay. Dow Chemical has called such judgments “unenforceable” […]

(Beyond Pesticides, September 28, 2009) In a case brought by Center for Food Safety (CFS) and Earthjustice representing a coalition of farmers and consumers, a federal court ruled September 23, 2009 that the Bush Administration’s approval of genetically engineered (GE) “RoundUp Ready” sugar beets was unlawful. In this case, Center for Food Safety v. Vilsack, No. C 08-00484 JSW (N.D. Cal. 2009), the court ordered the U.S. epartment of Agriculture (USDA) to conduct a rigorous assessment of the environmental and economic impacts of the crop on farmers and the environment. The decision follows on the heels of a June 2009 decision from the Ninth Circuit Court of Appeals affirming the illegality of the USDA’s approval of Monsanto’s genetically engineered alfalfa. The federal district court for the Northern District of California ruled that the USDA’s Animal and Plant Health Inspection Service (APHIS) violated the National Environmental Policy Act (NEPA) when it failed to prepare an Environmental Impact Statement (EIS) before deregulating sugar beets that have been genetically engineered (GE) to be resistant to glyphosate herbicide, marketed by Monsanto as Roundup. Plaintiffs CFS, Organic Seed Alliance, Sierra Club, and High Mowing Seeds, represented by Earthjustice and CFS, filed suit against APHIS in […]

(Beyond Pesticides, September 21, 2009) In a federal lawsuit filed in San Francisco earlier this month, the environmental watchdog group Ecological Rights Foundation (ERF) claims that dioxin is being discharged from Pacific Gas and Electric Company’s (PG&E) utility poles into the San Francisco Bay, violating both the Clean Water Act and the Resource Conservation and Recovery Act. Dioxin is a contaminant in the wood preservative pesticide pentachlorophenol (penta), the chemical used to treat more than one million PG&E utility poles in Northern California. Dioxin is a known human carcinogen. It also causes birth defects at extremely low levels. The ERF suit asks the court to stop PG&E from discharging dioxin from its utility poles, a move that could eventually lead to wide scale replacement of the ubiquitous penta-treated wood poles. “These are the common, I guess you could say ‘classic,’ brown wood poles you see holding up wires on practically every street,” says ERF attorney Bill Verick. Pentachlorophenol (penta) is a chlorinated aromatic hydrocarbon, closely related to other chlorophenols, hexachlorobenzene, polychlorinated dibenzo-p-dioxins and furans, all of which are found in commercial grade penta, along with secret “inert” ingredients. It was 1978 when EPA began its review of wood preservatives, including […]

(Beyond Pesticides, September 1, 2009) On August 26, 2009, Bayer CropScience announced plans to reduce by 80 percent the storage of methyl isocyanate (MIC), the chemical used in pesticide production that caused the explosion in Bhopal, India and Institute, West Virgina. Two workers were killed in August 2008 when the chemical, an intermediate chemical used in the production of aldicarb, carbaryl, carbofuran, methomyl and other carbamate pesticides, exploded at a Bayer facility in Institute, WV. Thousands died in a Bhopal in 1984. Advocates point out that even if Bayer follows through with its 80% reduction promise, it would still allow up to 50,000 pounds of MIC to be stored on site. This would be similar to the amount of the chemical present in the 1984 Union Carbide (now owned by Dow Chemical) explosion in Bhopal, India. Last summer, when a pesticide tank exploded in West Virginia, comparisons between the site’s potential risk and the Bhopal disaster, in which an explosion and leak killed thousands, were drawn. Currently, the U.S. plant has the capacity to store more up to 40,000 pounds of MIC above ground and 200,000 pounds below ground. Bayer says it will eliminate all above ground storage. Bayer Cropscience […]

(Beyond Pesticides, August 18, 2009) In a letter to Responsible Industry for a Sound Environment (RISE), the national trade association representing producers and suppliers of specialty pesticides and fertilizers, the U.S. Environmental Protection Agency (EPA) clarifies for pesticide companies federal pesticide label regulations and the agency’s position on use of false and misleading claims like “Professional Strength.” The letter, dated May 15, 2009 and posted on EPA’s website last week, addresses pesticide products that are sold and distributed and labeled “Professional” and “Professional Grade” among others, in product names and advertising. EPA finds that such statements are “inappropriate.” According to the letter, “Section 12 (a) (1) (E) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), states that it is unlawful to distribute or sell ”˜any pesticide which is”¦.misbranded.’ A pesticide is misbranded if ”˜its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.’ FIFRA § 2(q)(1)(A) [emphasis added]. The following describes why EPA finds use of “Professional Grade” in these products’ labeling and marketing to be a false and misleading claim and therefore unacceptable.” The letter continues, “”¦’Professional Grade’ implies a falsehood that pesticides are classified […]

(Beyond Pesticides, August 10, 2009) The multinational chemical company Bayer has stated that it will end distribution of the pesticide endosulfan in 2010, and to replace the toxic pesticide with safer alternatives. The decision follows an innovative action in 16 countries, led by Pants to Poverty, the organic and Fairtrade underwear company, and its coalition of partners including Pesticide Action Network, Fairtrade Alliance Kerala and Zameen Organic. In a letter addressed to Coalition Against Bayer Dangers, Bayer said: “We plan to stop the sale of the substance endosulfan by the end of 2010 in all the countries where it is still legally available.” The letter, signed by Bayer CropScience’s head of investor relations, Judith Nestmann, said endosulfan would be replaced by alternatives “with a significantly better risk profile”. Bayer’s decision comes after years of global campaigning by the PAN Network and its partners and allies against this persistent pesticide, which is linked to autism, birth defects and male reproductive harm, as well as deaths and acute injuries to farmers through direct contact. It is banned in over 60 countries including those in the European Union. In the United States endosulfan is used primarily on cotton in the state of California […]

(Beyond Pesticides, July 9, 2009) Recent news that Dean Foods intends to launch a “natural milk” brand has organic consumers and retailers concerned. Horizon, a strictly organic brand up until now, is poised to sell products that are not certified organic. This new product category will offer conscientious consumers what appears to be a cheap alternative to organic, when in fact it is nothing more than a conventional product in a fancy package. Despite recent news that the organics industry as a whole continues to grow in this economy, encouraging consumers to steer away from the certified organic label with misleading product claims purports to devastate the organic movement and organic family farm. “This move by Dean Foods comes at a time when organic dairy farmers around the country are in financial crisis due to a glut of milk,” says Mark A. Kastel, Senior Farm Policy Analyst at The Cornucopia Institute. “Responsible participants in this industry are using their marketing strength to ramp up organic demand. Dean has instead chosen to profiteer at the expense of the hard-working family farmers who have built this industry.” The USDA Organic Label is intended to show consumers that the product adheres to uniform […]

(Beyond Pesticides, July 2, 2009) The EPA has just finished up with a round of public hearings on a proposed plan to cap a part of the Palos Verdes Superfund Site. This 17 square mile area of ocean floor off the Southern coast of California is home to one of the largest deposits of DDT in the U.S. Despite the fact that this chemical has been banned in the U.S. for almost four decades, there is an approximate 110 tons of DDT in the sediment of the Palos Verdes Shelf. Concentrations of DDT and PCBs in fish continue to pose a threat to human health and the natural environment including the discovery of highly contaminated fish. In addition, a surge of additional problems with the lingering effects of DDT have risen in recent years, particularly with its buildup in our waterways. It has currently been identified as a threat to the Columbia River, as well as to the arctic. It has also been linked to a plethora of health concerns, including breast cancer, diabetes, non Hodgkin lymphoma, and autism. Most of the contamination of the Palos Verdes Shelf is attributed to The Montrose Chemical Corporation of California. At one time […]

(Beyond Pesticides, June 30, 2009) How much do we know about the food we buy at our local supermarkets and serve to our families? In Food, Inc., producer-director Robert Kenner and investigative authors Eric Schlosser (Fast Food Nation) and Michael Pollan (The Omnivore’s Dilemma) lift the veil on the U.S. food industry — an industry that has often put profit ahead of consumer health, the livelihoods of American farmers, the safety of workers, and our own environment. The movie reveals how a handful of corporations control our nation’s food supply. Though the companies try to maintain the myth that our food still comes from farms with red barns and white picket fences, our food is actually raised on massive “factory farms” and processed in mega industrial plants. The animals grow fatter faster and are designed to fit the machines that slaughter them. Tomatoes are bred to be shipped without bruising and to stay edible for months. The system is highly productive, and Americans are spending less on food than ever before. But, the film asks, at what cost? Cattle are given feed that their bodies are not biologically designed to digest, resulting in new strains of E. coli bacteria, which […]

(Beyond Pesticides, June 29, 2009) Last week the United States Court of Appeals for the Ninth Circuit re-affirmed its previous decision upholding a nationwide ban on the planting of genetically-engineered (GE) Roundup Ready alfalfa pending a full Environmental Impact Statement (EIS). The Court determined that the planting of genetically modified alfalfa can result in potentially irreversible harm to organic and conventional varieties of crops, damage to the environment, and economic harm to farmers. Although the suit was brought against the United States Department of Agriculture (USDA), Monsanto Company and Forage Genetics entered into the suit as Defendant-Intervenors. In September 2008 the Ninth Circuit affirmed the lower court’s ruling, but the Intervenors continued to press the appeal alone, requesting the appellate court to rehear the case. Last weeks decision denied that request and re-affirmed the earlier decision in full. “This ruling affirms a major victory for consumers, ranchers, organic farmers, and most conventional farmers across the country,” said Andrew Kimbrell, Executive Director of the Center for Food Safety. “Roundup Ready Alfalfa represents a very real threat to farmers’ livelihoods and the environment; the court rightly dismissed Monsanto’s claims that their bottom line should come before the rights of the public and […]

(Beyond Pesticides, June 5, 2009) Farmers, consumers and civil society organizations in Australia, Canada and the U.S. released a joint statement confirming their collective commitment to stop commercialization of genetically engineered (GE) wheat. In 2004, global pressure prevented biotechnology company Monsanto from pushing GE wheat onto an unwilling market. The statement, “Definitive Global Rejection of Genetically Engineered Wheat,” was released to counter the May 14 “Wheat Commercialization Statement,” released by industry lobby groups in the three countries. The industry pledged to “work toward the goal of synchronized commercialization of biotech traits in our wheat crops.” The joint statement was released by 15 groups in Australia, Canada and the U.S., including the National Farmers Union, the Canadian Biotechnology Action Network, the National Family Farm Coalition in the U.S. and the Network of Concerned Farmers in Australia, and counters the six stated industry arguments in favour of GE wheat. “GE wheat is a potential disaster of huge proportions,” said Terry Bohem, Vice President of the National Farmers Union in Canada. “We refuse to allow Monsanto and industry groups to restart any campaign to commercialize GE wheat.” The group statement centers on the pledge: “In light of our existing experience with genetic engineering, […]

(Beyond Pesticides, April 28, 2009) On April 23, 2009, the Natural Resources Defense Council (NRDC) filed a lawsuit, NRDC v. Albertsons, Inc. et al, in California against major pet product retailers and manufacturers for illegally selling pet products containing a known cancer-causing chemical called propoxur without proper warning labels. In new scientific analysis also released the same day, NRDC found high levels of propoxur and tetrachlorvinphos (TCVP), another carcinogenic neurotoxin common in household pet products, on pet fur after use of ordinary flea collars. NRDC is also petitioning the Environmental Protection Agency (EPA), calling for the removal of these chemicals from pet products. “Just because a product is sold in stores does not mean it is safe,” said Gina Solomon, MD, NRDC senior scientist and physician. “Under California law, consumers have a right to know if a flea control product exposes them to health risks before they buy it.” NRDC filed its lawsuit in California Superior Court in Alameda County against 16 retailers and manufacturers including Petsmart, PetCo, and Petstore.com, for failing to comply with California’s Safe Drinking Water and Toxic Enforcement Act, known as Proposition 65, which prohibits businesses from knowingly exposing consumers without proper warning to any chemical […]

(Beyond Pesticides, April 15, 2009) Stating that it represents a danger to the environment, Germany’s Federal Minister for Nourishment, Agriculture and Consumer Protection, Ilse Aigner, announced an immediate ban on Monsanto’s MON810 genetically engineered (GE) maize yesterday. Claiming the decision is based on science and is an individual case, not a broad banning of all GE crops, Ms. Aigner stated, “Genetic engineering must include a complete guarantee of the security for person, animal, plant and environment.” Environmentalists, scientists and farmers opposed to GE crops have argued that the corn, which confers resistance to pests, could pollute other crops and pose a threat to the environment and human health. The debate over the use of GE crops in Europe has been ongoing for at least a decade. MON810 maize, brand name YieldGard, is the only GE crop currently cultivated in the European Union (EU). Under EU laws, countries are allowed to ban individual GE crops for environmental and health reasons. Currently, Hungary, France, Austria, Greece and Luxembourg ban MON810 maize. In March, EU environment ministers overwhelmingly rejected a European Commission proposal to force Austria and Hungary to lift their bans on the controversial cultivation of varieties of genetically modified (GM) corn. […]

(Beyond Pesticides, April 7, 2009) McDonald’s Corp., the largest purchaser of potatoes in the United States, has agreed to take steps towards adopting a program that might reduce the amount of pesticides used in producing potatoes for its U.S. restaurants. As the largest buyer of potatoes in the nation, McDonald’s also said it would share information regarding the use of pesticides in the production of its products. At the same time, the market for organic potatoes is growing. A bulletin by the University of Maine Cooperative Extension Service states, “Organic potatoes in Maine are an industry that is increasing in scope and in value. Organic potatoes may bring a premium price in the marketplace, because many consumers understand that organic practices not only produce safe, high-quality food; they preserve topsoil and reduce pollution. Organically grown foods are flavorful and nutritious, which is why gourmet restaurants are increasingly seeking organic suppliers. Potatoes and Maine have a long tradition together, perhaps because potatoes can be stored for use during the long Maine winter. Organic potatoes and Maine may have a long tradition together as well.” This new development is the result of an agreement with a shareholder group concerning the company’s pesticides […]

(Beyond Pesticides, April 2, 2009) Last summer, when a pesticide tank exploded at a Bayer chemical plant in West Virginia, comparisons between the site’s potential risk and the 1984 Bhopal disaster, in which an explosion and leak at the Bayer site’s sister plant killed thousands, were drawn. The investigation into the West Virginia incident is ongoing, but recent reports show that Bayer is using every means to prevent full disclosure of the potential for a similar disaster to occur in the United States. Like Union Carbide’s Bhopal plant, Bayer stores stockpiles of the highly toxic chemical methyl isocyanate (MIC) in Institute, West Virginia. The U.S. plant has the capacity to store more than twice the amount of MIC that was leaked in Bhopal. The Chemical Safety and Hazard Investigation Board, a nonregulatory agency, is conducting an investigation into the cause of last year’s explosion, emergency response coordination, and future prevention measures. However, Bayer has invoked the 2002 federal Maritime Transportation Security Act because its campus is attached to a dock on the Kanawha River, claiming the Act exempts it from sharing “sensitive security information” due to potential terrorism. The board has already canceled one public meeting on the investigation, the […]

(Beyond Pesticides, March 17, 2009) Earlier this month, European Union environment ministers overwhelmingly rejected a European Commission proposal to force Austria and Hungary to lift their bans on the controversial cultivation of varieties of genetically modified (GM) corn. Over 20 member states voted against the Commission proposal. Hungary can maintain its ban on Monsanto’s GM maize MON810, and Austria on MON810 and Bayer’s T25. “This is a victory for the environment, farmers and consumers, and a major embarrassment for the Commission. For the fourth time, EU governments have rejected a Commission proposal to lift national bans on GM crops. What part of ‘no’ does the Commission not understand?” said Marco Contiero, Greenpeace EU GMO policy director. Austrian and Hungarian scientific authorities have recently supplied new evidence supporting their national bans showing that MON810 maize – the only GMO currently cultivated in the EU – is likely to have harmful environmental effects. Helen Holder, European GMO campaign coordinator at Friends of the Earth Europe said, “The European Commission has once again failed to force countries to lift their national GMO bans. Today’s vote is a clear message that European countries will not be bullied into taking unsound decisions regarding their environment, […]

(Beyond Pesticides, March 11, 2009) The new administrator of the U.S. Environmental Protection Agency (EPA), Lisa Jackson, has put discussions with Dow Chemical Co. concerning dioxin contamination on hold, citing a need to have the process open and transparent. Negotiations with the industry giant began in the mid-1990s over how to clean-up dioxin contamination along 50 miles of rivers and floodplains of Lake Huron’s Saginaw Bay watershed in Michigan. Dow has long been accused of moving too slowly to restore the polluted watershed. Ms. Jackson announced her decision last week in a letter to environmental activists involved with the issue. She also stated that a team of high-ranking officials from her office would meet shortly with activist groups, as well as representatives of Dow and the Michigan Department of Environmental Quality (DEQ). The letter states that the EPA’s regional office in Chicago would not participate in further negotiations until her team has reported back after its meetings in Michigan. The meetings are expected to take place next week. “My goal is to ensure an expeditious and robust cleanup, and I will take steps to ensure that the dioxin contamination is addressed in a manner that is protective of human health […]

(Beyond Pesticides, March 4, 2009) The Ontario government is set to announce sweeping new regulations that will prohibit the use of 85 chemical substances, found in roughly 250 lawn and garden products, from use on neighborhood lawns. Once approved, products containing these chemicals would be barred from sale and use for cosmetic purposes. On November 7, 2008, the Ontario government released a proposed new regulation containing the specifics of the Cosmetic Pesticides Ban Act, passed last June. Then, Ontario joined Quebec in restricting the sale and cosmetic use of pesticides but environmental and public health advocates said then that the new law preempted local by-laws and actually weakens protections in some municipalities with stronger local protections. There are over 55 municipalities in Canada where the residential use, but not sale, of pesticides is banned. The prohibition of these 85 substances is the latest step in this Act. The proposal contains: ”¢ List of pesticides (ingredients in pesticide products) to be banned for cosmetic use ”¢ List of pesticide products to be banned for sale ”¢ List of domestic pesticide products to be restricted for sale. Restricted sale products include those with cosmetic and non-cosmetic uses (i.e., a product that’s allowed […]

(Beyond Pesticides, February 27, 2009) Twenty-six leading corn insect scientists at public research institutions submitted a comment to the Environmental Protection Agency (EPA) which charges that patent-holding companies, including Monsanto, Syngenta, and others, interfere with their genetic engineering (GE) research on crops. The statement says, “Technology/stewardship agreements required for the purchase of genetically modified seed explicitly prohibit research. These agreements inhibit public scientists from pursuing their mandated role on behalf of the public good unless the research is approved by industry. As a result of restricted access, no truly independent research can be legally conducted on many critical questions regarding the technology, its performance, its management implications, IRM, and its interactions with insect biology. Consequently, data flowing to an EPA Scientific Advisory Panel from the public sector is unduly limited.” The names of the 26 scientists were withheld from the public docket “because virtually all of us require cooperation from industry at some level to conduct our research.” The stewardship agreements, which are intended to ensure that farmers honor the companies’ patent rights, do not allow planting GE crops for research. These have been in place for years, but according to the New York Times, scientists have now spoken out […]

(Beyond Pesticides, February 25, 2009) After three years of legal battle, the North Carolina Pesticide Board on February 19, 2009 fined Florida-based Ag-Mart Produce Inc. a substantially lower fine of $3,000 than the originally proposed $185,000, after deciding that it can only prove six of about 200 worker safety accusations that had been levied against the company. This comes less than a month after the unprecedented ruling against Ag-Mart in New Jersey, where the company was ordered to pay penalties of more than $931,000 for misusing pesticides and jeopardizing the health and safety of workers in its New Jersey farm fields and packing houses. The Florida-based company, described as one of the biggest pesticide offenders, has been accused of routinely exposing hundreds of workers to toxic chemicals. Investigators in North Carolina, Florida and New Jersey, the three states where the international company grows its tomatoes, scrutinized the company’s records and charged it with ignoring laws intended to keep workers safe from toxic pesticide residue. The investigators alleged workers were sent into the fields too soon after dangerous chemicals had been sprayed. The case started three years ago when some workers gave birth to babies with severe birth defects. One mother […]

(Beyond Pesticides, February 17, 2009) A U.S. District Court Judge has denied a request for remediation in resolving an on-going lawsuit between the victims of the worst industrial disaster in human history in Bhopal, India and Union Carbide, the company responsible for the disaster, according to Reuters, after Union Carbide objected to the victims’ request for remediation. Dow Chemical bought Union Carbide in 2001 and with it, its liabilities for the chemical plant disaster involving the production of methyl isocyanate (MIC), used as an intermediate in the production of the insecticide carbaryl (Sevin). Yet Dow Chemical has refused to clean up the site, provide safe drinking water, compensate the victims, or disclose chemical information to physicians; claiming that the Indian government is responsible for the environmental cleanup. In 1984, Union Carbide was responsible for the 1984 gas leak in Bhopal, India. Forty tons of deadly gas was released. Seven thousand people died in the next few days and 15,000 have died since from illnesses related to the accident. Over 100,000 victims still suffer from illnesses because of this event. In a 1989 settlement, Union Carbide agreed to pay $470 million to victims. However, $330 million still has not been paid […]

(Beyond Pesticides, February 12, 2009) Genetically modified (GM) crops are benefiting biotech food giants instead of the world’s hungry population, which is projected to increase to 1.2 billion by the year 2025 due to the global food crisis, according to a report released yesterday by the Center for Food Safety and Friends of the Earth International. The report, “Who Benefits From GM Crops: Feeding the Biotech Giants Not the World’s Poor,” explains how biotech firms like Monsanto are exploiting the dramatic rise in world grain prices that are responsible for the global food crisis by sharply increasing the prices of GM seeds and chemicals they sell to farmers, even as hundreds of millions go hungry. The findings of the report support a comprehensive United Nations’ assessment of world agriculture in the International Assessment of Agricultural Knowledge, Science and Technology for Development (IAASTD), which in 2008 concluded that GM crops have little potential to alleviate poverty and hunger in the world. IAASTD experts recommended instead low-cost, low-input agroecological farming methods. “U.S. farmers are facing dramatic increases in the price of GM seeds and the chemicals used with them,” said Bill Freese, science policy analyst at the US-based Center for Food Safety […]

(Beyond Pesticides, February 5, 2009) Former chief environmental correspondent for The New York Times Philip Shabecoff and freelance journalist Alice Shabecoff will be making a rare public talk at Bridge to an Organic Future, the 27th National Pesticide Forum, April 3-4, 2009 in Carrboro, NC. They will be speaking Friday evening at the conference and signing copies of their new book, Poisoned Profits: The toxic assault on our children, during a reception immediately following their presentation. See registration information below. Based on more than five years of investigative research and reporting, Poisoned Profits reveals the cumulative scientific evidence connecting the massive increase in environmental poisons to the epidemic of disability, disease, and dysfunction among our nation ´s children. The authors conclude that the poisoning of the environment is as grave a threat to the future as any problem confronting our nation. Yet even as individual parents and pediatricians struggle to fight illness, one child at a time, the public remains in the dark about the enormity of this crisis. Why? Because, according to the authors, corporations control the system, molding laws to their liking. The book shines a light on the motives and means of corporate-paid lawyers, “product defense” companies, […]