(Beyond Pesticides, October 5, 2018) The Oregon Department of Agriculture (ODA) is temporarily banning the use of any products containing the herbicide aminocyclopyrachlor to rights-of-way after finding widespread tree deaths along a scenic highway that cuts across the center of the state. While Oregon is the first state to ban the chemical, it is not the first instance of the pesticide killing stands of established, otherwise healthy trees. In 2014, chemical company DuPont settled a class action lawsuit totaling over $1.8 million in civil penalties after its aminocyclopyrachlor product Imprelis was cited for misbranding and failure to report adverse incidents of trees dying after applications. Oregon first encountered evidence of abnormal growths, curling, and die-backs of coniferous trees along roadsides back in 2012. A report on tree damage produced by ODA in 2015 narrowed the cause down to the use of aminocyclopyrachlor-based herbicides, including DuPont’s Imprelis, as well as Bayer’s Perspective. At the time, ODA indicated the U.S. Forest Service (USFS) had sent letters to the agency requesting the cessation of aminocyclopyrachlor use along roadsides. Oregon officials indicate that the contractor did stop spraying the chemical in areas cited in the report. An update to the first report, published in […]

(Beyond Pesticides, September 27, 2018) The U.S. Environmental Protection Agency’s (EPA) Office of the Inspector General (OIG) released a report finding the agency’s practice of routinely granting “emergency” approval through its Section 18 program for pesticide use does not effectively measure risks to human health or the environment. The inspector general recommends EPA “develop and implement applicable outcome-based performance measures to demonstrate the human health and environmental effects of the EPA’s emergency exemption decisions.” EPA disagreed with the recommendation, leaving the issue of chronic overuse of the emergency exemptions unresolved. Under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the EPA has the authority to approve the temporary emergency use of unapproved pesticides if the agency determines the pesticide is needed to prevent the spread of an unexpected outbreak of crop-damaging insects, for example. But this provision has been widely abused. OIG’s report finds “significant deficiencies in the OPP’s online database management, in its draft Section 18 emergency exemption standard operating procedure and application checklist, and in its reports to Congress and the Office of Management and Budget.” Specifically, the report notes EPA, “does not have outcome measures in place to determine how well the emergency exemption process […]

(Beyond Pesticides, August 21, 2018) Please comment by Thursday, August 23, midnight. The Trump Administration is proposing to weaken or repeal virtually all of the modest improvements to the Risk Management Plan (RMP) adopted in January 2017. While this proposal has broad implications for communities near pesticide manufacturing plants, according to Environmental Justice Health Alliance for Chemical Policy Reform, “EPA itself admits that the proposed rollback will disproportionately endanger communities of color and low-income communities. . .” “EPA concludes that there is evidence that risks from RMP facilities fall on minority and low-income populations, to a significantly greater degree than those risks affect other populations. Therefore, EPA believes that this action may have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 [Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations].” (EPA, Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, 83 FR 24881, 40 CFR Part 68 [EPA–HQ–OEM–2015–0725; FRL–9975–20– OLEM], RIN 2050–AG95.) Tell the Trump Administration to reject the proposal to rollback disaster prevention plans for chemical plant accidents (see suggested comment below) As has become more evident with the […]

(Beyond Pesticides, August 16, 2018) The jury verdict last week awarding groundskeeper Dewayne “Lee” Johnson $289 million in compensatory and punitive damages because of the carcinogenic effect caused by the herbicide glyphosate/Roundup, which he used, brought to the forefront a long standing concern about inadequate regulation of hazardous pesticides and chemical industry corruption. In the case, the jury heard from numerous scientists and medical experts, including Christopher Portier, Ph.D., who has researched the toxicity and carcinogenicity of glyphosate. One of the challenges in the court case was overcoming the lack of regulatory action on glyphosate, despite the overwhelming science indicating its adverse effects, including its connection to non-Hodgkin lymphoma. Globally, food safety agencies have spent the past few years insisting that glyphosate is not carcinogenic. Health and environment advocates point to the 2015 International Agency for Research on Cancer (IARC) designation of glyphosate as a “probable carcinogen” as the knell to which regulators, pesticide users, and the public should pay attention. The jury listened and considered the scientific facts. Glyphosate has perhaps been the subject of more controversy than any other pesticide in recent memory. Advocates in the scientific and environmental realms note the multiple risks its use represents, while […]

(Beyond Pesticides, August 10, 2018) The U.S. Environmental Protection Agency (EPA) must ban a widely used organophosphate pesticide linked to brain damage in children, the 9th Circuit Court of Appeals ruled yesterday. The appellate court ordered EPA to finalize its proposed ban on chlorpyrifos, produced by DowDupont, based on undisputed findings that the pesticide is unsafe for public health, and particularly harmful to children and farmworkers. The ruling comes in a lawsuit brought by a coalition of labor and health organizations, represented by Earthjustice. In the absence of EPA action, states have started to stand up. In May, the state legislature in  Hawaii passed legislation, which took effect in May, to become the first state to ban the chemical. On July 30, the California Department of Pesticide Regulation (DPR) released its scientific assessment concluding that the organophosphate insecticide, chlorpyrifos, should be listed as a Toxic Air Contaminant (TAC) in the state based on evidence of its neurological effects and exposure risks of concern. Legislation is also pending in Congress to ban chlorpyrifos and similar pesticides nationwide. Chlorpyrifos is a dangerous nerve agent pesticide that can damage the developing brains of children. Prenatal and early life exposure to chlorpyrifos is linked to lower birth weight […]

(Beyond Pesticides, July 17, 2018) Last week, closing arguments were made in the 9th Circuit Court of Appeals challenging the U.S. Environmental Protection Agency’s (EPA) refusal to ban chlorpyrifos, the pesticide science links to a host of neurological impairments in children. A coalition of labor and health organizations represented by Earthjustice asked a panel of three judges to overturn former EPA Administrator Scott Pruitt’s decision not to ban chlorpyrifos. In June 2017, a dozen health, labor, and civil rights organizations represented by Earthjustice filed an administrative appeal to EPA urging the federal government to ban chlorpyrifos. The attorneys general of New York, California, Washington, Massachusetts, Maine, Maryland and Vermont also filed their own appeal calling for a ban. The groups also filed a court case that asked the 9th Circuit Court in San Francisco to decide the issues presented in the administrative appeal because of the likelihood of a delayed resolution by the EPA. This was the last hearing where the health and labor groups, as well as states, were able to present their arguments to the court of appeals and answer the judges’ questions. The New York Attorney General’s office also presented arguments on behalf of seven states, which intervened in […]

(Beyond Pesticides, July 10, 2018) Scott Pruitt’s resignation as Administrator of the U.S. Environmental Protection Agency (EPA) took effect Monday under a cloud of ethics investigations and alleged collusion with industry to systematically undermine, dismantle, and reverse critical protections for air, water, and workers. Deputy Administrator Andrew Wheeler will take the helm as Acting Administrator after serving as Deputy Administrator, a position that required Senate confirmation. Mr. Wheeler, a lawyer who worked  in the toxics office at EPA under Presidents George H.W. Bush ad Bill Clinton, as an aide to U.S. Senator Jim Inhofe (R-OK) – a denier of climate change – and the Senate Committee on Environment and Public Works (EPW), and as a lobbyist for the coal and chemical industry, told the Washington Post: “[I] would say that the agenda for the agency was set out by President Trump. And Administrator Pruitt has been working to implement that. I will try to work to implement the president’s agenda as well. I don’t think the overall agenda is going to change that much, because we’re implementing what the president has laid out for the agency. He made several campaign promises that we are working to fulfill here.” Senator John Barrasso (R-WY), […]

(Beyond Pesticides, July 9, 2018) The Center for Biological Diversity (CBD) is urging the U.S. Fish and Wildlife Service (FWS) to take action to protect 23 wildlife species in the Southeast that are at risk of extinction. Citing deep concerns about unprecedented assaults on the Endangered Species Act (ESA), CBD’s letter reiterates the critical need for FWS to provide timely protection to the most critically imperiled species. Urge FWS to provide Endangered Species Act protection for 23 species in the Southeast. Urge your U.S. Senators and Representative to support the ESA’s scientific review process and protect endangered and threatened species and their habitats. CBD’s letter highlights the plight of 23 freshwater animals and plants, including the southern snaketail and the sunfacing coneflower, and the failure of FWS to meet its deadlines for issuing proposals on species determined “may warrant protection.” CBD urges FWS to follow the law –to review and publish species protection proposals. A declining budget and opposition from the Trump administration are stalling these critical protections. The Trump administration has proposed slashing the budget for endangered species listings by half, from $20.5 million to $10.9, and to prioritize delisting species rather than granting protection to new ones. These budget […]

(Beyond Pesticides, June 27, 2018) Farm Bill Headed for a Showdown on Key Environmental, Public Health, and Organic Issues With a flawed bipartisan Farm Bill expected to sail through the U.S. Senate this week, we need to turn our attention to the upcoming House-Senate Conference Committee that will attempt to resolve differences between the Republican House bill (with no support from Democrats) and the Senate bill. Despite some advances in the Senate Farm Bill for the organic market, including boosts to organic research funding, some provisions to address fraudulent imports, some enhanced conservation programs, and maintaining certification cost-share programs, the Senate bill contains troubling language affecting organic standard setting that could open the door to more damaging provisions in the House bill. It’s like fixing up a house while allowing the foundation to crumble. Tell your U.S. Senators and Representative to protect organic in the Farm Bill, remove any changes to the organic standard setting process, and uphold environmental protections. Beyond Pesticides opposes any provisions in the Farm Bill that amend the standard setting procedures of the federal organic law and believes that no improvements are worth the damage that can be done to the standard setting process and public […]

(Beyond Pesticides, June 15, 2018) In recognition of the importance of pollinators and biodiversity to a healthy environment and healthy people during National Pollinator Week, June 18-24, Beyond Pesticides announces a week of activities and actions. Monday (June 18) Watch and share the new short-film “Seeds that Poison.” To kick off Pollinator Week 2018, Beyond Pesticides is releasing a new video highlighting the hazards associated with a major use of bee-toxic pesticides – seed coatings. Please watch and share with friends and family! Click here to watch Seeds that Poison. After distributing the film, please contact your state elected officials to ask that they act to protect pollinators. (Connecticut and Maryland have taken action.) Folks in the DC area can also attend a “Pollinator Forum” to learn about pollinators and celebrate them. The event is taking place at the Tabard Inn (Monday, June 18) and will feature Beyond Pesticides’ Science and Regulatory Director Nichelle Harriott. Click here to purchase tickets. Tuesday Plant pollinator habitat. Explore Beyond Pesticides’ resources to find ideas for native plantings or sources of untreated flowers and dig your pollinator-friendly garden today. Use the Bee Protective Habitat Guide and or Pollinator-Friendly Seed Directory to help! Wednesday Take local action. […]

(Beyond Pesticides, June 1, 2018) States and civil society organizations launched new lawsuits in late May against the Pruitt Environmental Protection Agency (EPA) for its continued attack against farmworker health and safety. Two separate lawsuits, one filed by attorneys general in the states of California, Maryland, and New York, and another by health and justice advocates represented by Earthjustice and Farmworker Justice take aim at EPA’s decision to delay the implementation of training requirements designed to protect farmworkers and their families. This is the latest in a series of lawsuits which began when EPA announced it would delay the Certification of Pesticide Applicators Rule in May of last year. Under the Obama administration, EPA released new rules updating farmworker protections after over 20 years of inaction. These rules are important because unlike your average American worker, farmworkers do not have protections under the Occupational Safety and Health Administration (OSHA). At its introduction, the new standards raised the age to apply toxic pesticides to 18, and improved the frequency and quality of training materials farmworkers are provided, among a number of other positive changes. After EPA announced it would be delaying the implementation of these changes, and reviewing the age requirement, […]

(Beyond Pesticides, May 29, 2018) The Farm Bill is beginning to move in the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, and your voice is critically needed to help stop provisions that are harmful to health and the environment. Tell your U.S. Senators and Representative that they should vote against the Farm Bill unless harmful provisions to health and the environment are removed. In addition to sending this urgent action on the Farm Bill, consider reaching out to your U.S. Senators and Representative when they return to your state for the Memorial Day holiday. If you’re part of a group, ask for a meeting. If you see them at an event or in town, let them know how important it is to keep the dangerous provisions listed below out of the Farm Bill. The Farm Bill in the U.S. House of Representatives, H.R. 2, reported favorably out of the House Agriculture Committee, is stalled, after being defeated on the floor over unrelated immigration legislation. The House bill is a direct attack on organic standard setting, the authority of local governments to restrict toxic pesticides, and the protection of farmworkers, endangered species, and the environment. Without public outcry, it is likely […]

(Beyond Pesticides, May 22, 2018)  A staggering 209 million pounds of pesticides were used in California in 2016, according to the latest data released by the Department of Pesticide Regulation (DPR). This figure refers only to applied “active” pesticide ingredients and not “inerts,” which often account for 80 to 99 percent of pesticide products and can be equally hazardous to human health and the environment. Even though pesticide use in the state has dropped by 1.4 percent from the previous year, pesticide use in 2016 was still the third highest in recorded history, since the inception of DPR’s comprehensive data collection program in 1990. In fact, the total pesticide use was only six million pounds shy of the highest amount ever recorded – 215 million pounds in 1998. The land area treated with carcinogens is as large as the size of New Jersey and Connecticut combined. Nearly 102 million cumulative acres of land were treated with pesticides in the state, ranging in toxicity from low to high risk. Each time an acre is pesticide-treated in a given year, DPR adds the acre to its cumulative list, even if the treatment is repeated on the same land. The 2016 figure represents an […]

(Beyond Pesticides, May 14, 2018) Under EPA Administrator Pruitt’s proposed “transparency” plan, the public will still lack access to key data about the effects and efficacy of commercial poisons approved for sale and application in their communities and homes. Tell EPA to adopt a real transparency plan for pesticides! The proposed policy, posted on April 30 in the Federal Register, declares that it will “help ensure that EPA is pursuing its mission of public health and the environment in a manner that the public can trust and understand,” yet it applies only to a very limited set of studies used to support certain EPA regulations. The pesticide registration and review processes are particularly lacking in transparency, opportunity for public review, and access to data. Because pesticides are toxic chemicals broadcast into the environment, nowhere is transparency more important than in pesticide registration. The proposed new policy does not cover pesticide registrations, warning labels, use restrictions, or proof of effectiveness. In the current process, the pesticide manufacturer produces the underlying data for these EPA approvals and controls access to them. Thus, despite Pruitt’s sweeping claims of “transparency in regulatory science”: The public does not have access to the underlying data provided by the manufacturer […]

(Beyond Pesticides, May 8, 2018) U.S. Environmental Protection Agency Administrator Scott Pruitt’s controversial plan for disclosing the underlying data supporting its regulatory science has a big blind spot –pesticides.  An analysis released today by Beyond Pesticides and Public Employees for Environmental Responsibility (PEER) points out that under Pruitt’s plan the public will still lack access to key data about the effects and efficacy of commercial poisons approved for sale and application in their communities and homes. The proposed policy posted on April 30 in the Federal Register declares that it will “help ensure that EPA is pursuing its mission of public health and the environment in a manner that the public can trust and understand” yet it only applies to a very limited set of studies used to support certain EPA regulations. It does not cover pesticide registrations, warning labels, use restrictions, or proof of effectiveness.  In the current process, the pesticide manufacturer produces the underlying data for these EPA approvals and controls access to it.  Thus, despite Pruitt’s sweeping claims of “transparency in regulatory science” – The public does not have access to the underlying data provided by the manufacturer to justify registering a new pesticide for commercial distribution; Industry […]

(Beyond Pesticides, May 4, 2018) Environmental Protection Agency (EPA) Administrator Scott Pruitt proposed a new rule, on April 24, that, if adopted, will restrict the use of certain kinds of science research in the agency’s writing of regulations. Titled “Strengthening Transparency in Regulatory Science,” the rule will permit EPA to consider only research studies for which the underlying data are publicly available when considering new “significant” regulations — typically, those estimated to impose costs of $100 million or more. Supporters of the rule say that EPA has, in crafting regulations in the past, relied on “secret science” — studies for which the underlying data cannot necessarily be accessed by members of the public. At face value, this may sound reasonable. Administrator Pruitt and proponents call the proposed rule a plus for transparency that will boost public confidence in the science bases of EPA decision making. “Today is a red-letter day,” Mr. Pruitt told supporters at agency headquarters. “The science that we use is going to be transparent.” That so-called “transparency,” however, comes at a huge cost: the elimination of decades of scientific studies from consideration when EPA regulations are written. In studies over the past few decades, researchers frequently collected data — […]

(Beyond Pesticides, May 3, 2018) Hawaii’s bill to ban the dangerous, neurotoxic pesticide, chlorpyrifos, passed its final hurdle this week in the state legislature. Governor David Ige is expected to readily sign SB3095 into law, in light of the unanimous support it received from lawmakers on both sides of the aisle. The statewide prohibition of chlorpyrifos will take effect beginning in January 2019. This legislative action marks the first time that any state in the country has passed an outright ban on the highly toxic organophosphate pesticide. While multiple scientific studies have determined that chlorpyrifos damages fetal brains and produces cognitive and behavioral dysfunctions, particularly in utero and in children, states have been slow to institute a complete prohibition, due to its widespread use in agriculture. Lawmakers in New Jersey and Maryland have recently tried unsuccessfully to pass similar bans. Hawaii’s bill contains a caveat that allows the state’s Department of Agriculture (DOA) to grant special permits for companies that argue that they need more time to phase-out chlorpyrifos, but that exemption will end at the close of 2022. The new law also requires restricted use pesticide (RUP) users to report to the Hawaii’s DOA which ones they are applying on […]

(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, April 16, 2018) Ethics scandals pile up regarding Environmental Protection Agency Administrator Scott Pruitt’s failure to do his job, leading to the inevitable conclusion that he must go. Tell Congress and the President to Dump Pruitt. On the ethics side, there are: A unique too-good-to-be-true housing deal at a rental owned by an industry lobbyist; High-priced first class airfare for Pruitt and his personal security detail; Questionable claims of a need for expensive personal security measures; Reassigning or demoting EPA employees who question him; Using “special hires” to bring on political appointees; and Failing to investigate civil rights complaints. All of these ethics issues are in addition to Pruitt’s attacks on the environment he is charged with protecting: Reversing a ban on chlorpyrifos; Delaying rules designed to protect farmworker children; Eliminating from EPA advisory boards those scientists who have received EPA grants; and Attempting to slash EPA’s staff in half. Tell Congress and the President to dump Pruitt. [Link to anchor in action page; in email link to action page.] Letter to Congress (Reps and Senators) and the President: Please tell President Trump to fire Environmental Protection Agency Administrator Scott Pruitt. His ethical choices reflect poorly on the administration […]

(Beyond Pesticides, April 13, 2018) Hawaii is poised to become the first state in the nation to prohibit the use of pesticides containing the developmental neurotoxicant, chlorpyrifos. SB3095, passed unanimously by the State House of Representatives this week, prohibits the application of restricted use pesticides (RUPs) within 100 feet of schools when they are in session, and it requires commercial agricultural entities to regularly report their RUP use to the Department of Agriculture (DOA). In the absence of adequate federal procedures to protect communities from hazardous pesticide drift, this bill represents the culmination of efforts by the people of Hawaii to ban and restrict the most egregious pesticides and to increase the transparency regarding their use. As bill supporters rallied in the Capitol’s Rotunda this week, SB3095 was sent to the Senate. No date has yet been set for its consideration, but Senators who support the bill hope to secure the 13 votes needed to pass it and avoid further weakening of its provisions. Beyond Pesticides has actively supported this and previous iterations of SB3095, arguing for the establishment of a much more protective one mile buffer zone between schools and RUP applications to safeguard school children where they learn. […]

(Beyond Pesticides, April 6, 2018) Scott Pruitt, Administrator of the U.S. Environmental Protection Agency (EPA), is getting plenty of attention for what the public and some members of Congress see as his spendthrift and potentially corrupt behaviors since taking office in early 2017. Pundits and prognosticators who focus on the Washington, DC scene are speculating that this attention is not welcome by the White House, and wonder if Mr. Pruitt will soon be on the “wrong end of a Trump tweet.”  This may be refreshing news to environmental advocates, scientists, and public health experts, who have objected to the “changes” he’s brought to the agency, which frequently favor industry interests over science-based protection of the environment and public health. EPA’s moves to reduce enforcement, roll back protective regulations, and install industry-friendly personnel have been covered extensively by Beyond Pesticides; examples include: “Where Has All the EPA Enforcement Gone,” “The Threat to Scientific Integrity at EPA,” and regular posts in its Daily News Blog. Administrator Pruitt calls his approach to EPA’s function “Back to Basics,” which he says includes a refocus on EPA’s “intended mission, a return of power to the states, and creation of an environment where jobs can grow.” The […]

(Beyond Pesticides, March 27, 2018) In a major win for farmworker and health groups, the U.S. District Court for the Northern District of California ruled last Wednesday the U.S. Environmental Protection Agency (EPA) illegally delayed implementation of key pesticide rules that in part prevent minors from working with the most dangerous pesticides. The rule revised rules mandate pesticide applicators be at least 18 years old. According to the EPA, there are about one million certified applicators nationwide. Before delaying implementation, the agency said the revised rule could prevent some 1,000 acute poisonings every year. In addition to requiring applicators to be at least 18-years-old, the revised 2017 Certification of Pesticide Applicators (CPA) rule also improves the quality of training materials and says certified pesticide applicators must be able to read and understand the instructions. The main purpose of the CPA rule is to protect workers and the public from poisonings, by ensuring that those who handle the most dangerous pesticides are properly trained and certified. “We commend the court for recognizing that this important pesticide safeguard is needed to prevent injury to farmworkers and the public,” said Stacey Geis, Earthjustice managing attorney. “This ruling puts EPA Administrator Scott Pruitt on notice that the courts […]

(Beyond Pesticides, March 22, 2018) Last week Environmental Protection Agency (EPA) Administrator Scott Pruitt received a letter from twenty-eight U.S. Senators urging the preservation of rules that would protect farmworkers and disallow minors to handle highly toxic pesticides. At issue are two proposals from Administrator Scott Pruitt’s EPA that would roll back Agricultural Worker Protection Standards (AWPS) and the Certification of Pesticide Applicators (CPA) rules put in place during the Obama Administration. In their letter, the Senators stress the impact of any potential changes, noting “the lives of children and families across the country at stake.” During the Obama era, EPA completed rulemaking that revised AWPS for the first time in over 20 years. Key components expanded training, prohibited children under 18 from applying highly toxic restricted use pesticides, created new no-entry application-exclusion zones, improved record keeping, provided farmworkers a designated representative to request pesticide records, and other safety improvements. The final rules put in place long-overdue protections, but still represented a compromise for workers and farmworker advocates. At the time the rules were released, advocacy organization Farmworker Justice released a statement noting, “While we are disappointed that the final rule does not include some significant safety measures, we will […]