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Daily News Blog

Archive for the 'Litigation' Category


04
Nov

Deadly Endocrine Disrupting Pesticides Subject to EPA Proposals that Fall Far Short, According to Advocates

(Beyond Pesticides, November 4, 2024) The U.S. Environmental Protection Agency (EPA) last week opened a public comment period on the regulation of endocrine-disrupting pesticides, a proposal that lays out a drawn-out 10-year process that is narrow in evaluating the underlying mechanism that causes endocrine disruption. The proposal, published in the Federal Register as a partial settlement agreement and consent decree, responds to a lawsuit filed by farmworker and health groups challenging the agency’s failure to test and regulate endocrine-disrupting pesticides. Earlier in the year, after over 25 years of delay following the 1996 Congressional mandate to determine whether pesticides disrupt the endocrine system of humans and other organisms, EPA issued a proposal for modifying its approach to the implementation of the Endocrine Disruptor Screening Program (EDSP).  The National Institutes of Environmental Health Sciences explains endocrine disruptors this way: “Endocrine-disrupting chemicals (EDCs) are natural or human-made chemicals that may mimic, block, or interfere with the body’s hormones, which are part of the endocrine system. These chemicals are associated with a wide array of health issues. . . Endocrine glands, distributed throughout the body, produce the hormones that act as signaling molecules after release into the circulatory system. The human body is […]

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30
Oct

Lawsuit Targets Scotts Miracle-Gro for Claiming PFAS-Tainted Products Are “Eco-Friendly” and “Sustainable”

(Beyond Pesticides, October 30, 2024) STARTS TODAY at 2 PM EDT—NATIONAL FORUM: IMPERATIVES FOR A SUSTAINABLE FUTURE. Beyond Pesticides has filed suit against The Scotts Miracle-Gro Company and GreenTechnologies, LLC for allegedly misleading consumers on the hazardous nature of their fertilizer products, which contain sewage sludge (often referred to as biosolids) contaminated with per- and polyfluoroalkyl substances (PFAS). The group filed two cases, Beyond Pesticides v. Miracle-Gro Co. and Beyond Pesticides v. GreenTechnologies, LLC, in D.C. Superior Court on October 25, 2024. The complaint alleges that, as part of their marketing, these companies tell consumers that their fertilizers are “eco-friendly” and “sustainable,” when, in fact, the products contain hazardous substances. The complaint cites test results showing PFAS residues in the companies’ fertilizers and numerous scientific studies on the adverse effects of PFAS to public health, wildlife, and pollinators.   PFAS, known as “forever chemicals” due to their ability to persist in the environment, are endocrine disruptors linked to developmental issues, cancers, metabolic, cardiovascular and reproductive harm, damage to the liver, kidneys, and the respiratory system, as well increased chances of disease infection and severity. The chemicals’ immunotoxic effects threaten human health.  Beyond Pesticides alleges that consumers are, thus, misled by advertising in which Scotts Miracle-Gro […]

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29
Oct

Lawsuit Settlement Tackles EPA’s Dramatic Failure to Regulate Endocrine Disruptors, Despite Fed Mandate

(Beyond Pesticides, October 29, 2024) STARTS TOMORROW—NATIONAL FORUM: IMPERATIVES FOR A SUSTAINABLE FUTURE. A legal victory in federal court is the latest in a series of attempts to force the U.S. Environmental Protection Agency (EPA) to fulfill the mandate given to it by Congress in 1996 to test all pesticides for their endocrine disrupting effects and regulate them accordingly. The case in the U.S. District Court for the Northern District of California was brought by the Center for Food Safety (CFS) and a collection of agricultural workers’ organizations, farmers’ groups, and pesticide activists. Beyond Pesticides wrote in 2019, EPA’s “Endocrine Disruptor Screening Program (EDSP) began, then virtually stopped, its review and regulation of endocrine disrupting pesticides, despite [its 1996 Congressional mandate] to develop a screening program within two years and then begin regulating.” (See timeline, Figure 2, p11.) After the release of a  a damning 2021 Office of Inspector General (OIG) report (see Beyond Pesticides’ reporting) on the agency’s lack of progress in protecting the population from potentially damaging endocrine disruption impacts of exposures to synthetic chemical pesticides (and other chemicals of concern), CFS wrote: “The 2021 [OIG] report included the shocking revelation that some EPA staff were instructed to function as […]

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02
Aug

Research Shows Streams Transporting Pollutants No Longer Regulated by EPA after Supreme Court Decision

(Beyond Pesticides, August 2, 2024) In a recent study published in Science, a team from the University of Massachusetts and Yale University provides quantitative insight into the significant effects of a recent U.S. Supreme Court decision on the nation’s water quality. This research highlights the essential role of ephemeral streams—water sources that flow temporarily after rainfall—in transporting pollutants, including pesticides, sediments, and nutrients from land to larger water bodies.  This comprehensive study underscores the devastating risk to U.S. water quality, stemming from the May 2023 U.S. Supreme Court decision, Sackett v. Environmental Protection Agency (EPA), which dramatically limits the agency’s ability to protect ephemeral streams as well as critical wetland ecosystems under the Clean Water Act (CWA).  As a May 2024 report by Clean Water for All Coalition notes, “The [Sackett] decision has endangered the drinking water sources of at least 117 million Americans by stripping protections from over half of the nation’s wetlands, as well as up to nearly 5 million miles of rain-dependent and seasonal streams that feed into rivers, lakes, and estuaries.” At a time when an immediate response to the climate crisis and chemical pollution is more urgent than ever, the U.S. Supreme Court’s judicial decisions are seen […]

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25
Jul

Oregon Court of Appeals Overturns Monsanto-Bayer Trial Victory, Protects Failure-to-Warn Claims

(Beyond Pesticides, July 25, 2024) On July 10, the Oregon Court of Appeals ruled that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) does not preempt pesticide exposure victims’ state law claims against pesticide manufacturers, based on reporting from The New Lede. This decision builds on years of judicial precedent from the Supreme Court of the United States (SCOTUS) that protects individuals’ right to use failure-to-warn claims against producers of toxic pesticides, including Bayer-Monsanto. The importance of judicial review is critical to protecting the public against public health impacts of toxic pesticide use in the context of last month’s SCOTUS decision ending Chevron Doctrine, and with it the end of deferring to federal regulatory agencies on ambiguities in statutory mandates. A growing coalition of environmental and public health advocates, organic farmers, trial attorneys, farmworkers, and physicians are united in pushing back against a concerted effort by industry and its allies to attack victims’ ability to sue under “failure-to-warn” through the Farm Bill, state legislatures, and the proposed federal budget for Fiscal Year 2025. Oregon Court of Appeals In 2022, a local trial court in Oregon ruled in favor of Monsanto on a lawsuit initiated by Jackson County residents Larry and […]

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04
Jun

Presence of Weed Killer Glyphosate in Human Sperm Elevates Debate on Pesticide Threats to Human Survival 

(Beyond Pesticides, June 4, 2024) A study published in the most recent edition of the journal Ecotoxicology and Environmental Safety documents for the first time the presence of the herbicide glyphosate in human sperm. The study looked at 128 French men with an average age of 36 years who tested positive for glyphosate in their blood. Seventy-three out of the 128 men were found to also have glyphosate in their seminal plasma. Not only that, the amount of glyphosate in seminal plasma was nearly four times higher than what was detected in the blood.   Methods  The study involved a population of 128 infertile French men from whom seminal and blood plasma samples were collected. The study was conducted at the “Pole SantĂŠ LĂŠonard de Vinci” medical center, located centrally near Tours, France. This region is recognized for its urban characteristics as well as being a major agricultural hub, particularly for grain and wine production. The study authors note, “This area reflects the common herbicide exposure in France” and the district ranks third highest in terms of pesticide purchases. While additional qualitative data was collected, only 47 of 128 participants fully completed a questionnaire about their profession, diet (organic or […]

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03
Jun

House Agriculture Farm Bill Escalates Climate Disasters Then Requires Taxpayers to Pay for It, Advocates Say

(Beyond Pesticides, June 3, 2024) Environmental advocates continue to raise concerns about the Farm Bill (H.R.8467—Farm, Food, and National Security Act of 2024) that emerged from the House Agriculture Committee on May 23 with provisions they say will allow the escalation of environmental threats and then insure big agriculture commodity producers for losses attributable to those environmental disasters through an expansion of USDA’s crop insurance program. Through this taxpayer supported program, USDA covers farm revenue losses due to “natural causes such as drought, excessive moisture [e.g., floods], hail, wind, frost, insects, and disease. . .” Petrochemical pesticide and fertilizer use in chemical-intensive land management and agricultural production contributes to the climate emergency and associated weather, insect, and plant disease threats. Advocates point out that the House Agriculture Committee Farm Bill reduces environmental protections by (i) preempting local and state government authority to allow more restrictive standards at the municipal level, (ii) taking away the right to sue pesticide manufacturers and allied companies for a failure to fully disclose adverse effects of the products they produce or use, and (iii) weakening the regulatory process intended to protect endangered species and biodiversity from pesticides.   Tell Your U.S. Representative and Senators To Support […]

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29
May

Antibiotic-Resistance Genes Rise with Pesticide Application, as Study Adds to a Plethora of Findings

(Beyond Pesticides, May 29, 2024) A study from the Academy of Biology and Biotechnologies and the Federal Rostov Agricultural Research Centre adds to the body of science linking pesticide use with negative impacts on soil health and bacterial communities. Antibiotic-resistance genes (ARGs), considered a class of pollutants, are found in certain types of bacteria and can spread through the environment and subsequently to humans and animals. This study, performed by researchers and soil experts, found an increase in specific bacterial families that host ARGs with exposure to pesticides.  The study aims to identify the role of agricultural soils in ARG transfer and to assess the presence and prevalence of bacterial families with and without exposure to fertilizers and pesticides. Since soil serves as a habitat for a wide range of bacteria, including many that are resistant to antibiotics, analyzing the organisms within soil samples is an indicator of overall environmental health. Agricultural soils are essential in food production, and as this study states, “[I]ntensive exploitation of such soils implies the widespread use of various chemical plant protection products (insecticides, herbicides, fungicides) and mineral fertilizers, which contribute to pollution and a decrease in soil quality.”   Within this field study, there is […]

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20
May

House Republican Farm Bill Draft Would Cripple Pesticide Restrictions, Advocates Say

(Beyond Pesticides, May 20, 2024)  (Beyond Pesticides, May 20, 2024) The Republican Farm Bill draft in the U.S. House of Representatives, released on Friday, May 17, is a broad attack on pesticide restrictions and the right to sue chemical manufacturers and allied users of pesticides when harmed. “This legislation is a complete nonstarter for the millions of people who want stronger pesticide restrictions, democratic decision making on toxic chemicals in communities, and the right to sue manufacturers and pesticide users when harmed and misled on the hazards of pesticides,” said Jay Feldman, executive director. “We vehemently oppose this Republican legislation with the understanding and experience—bridging farmers, medical practitioners, land managers, local policy makers, and families—that we can and must transition to safe practices and products that protect our health, biodiversity, and climate,” Mr. Feldman continued. The Farm Bill attack takes place on many critical fronts. The draft legislation: 1. Takes away the right to sue for failure to warn when harmed by pesticides. The language says: “prohibit. . .a court from directly or indirectly imposing or continuing in effect any requirements for, or penalize or hold liable any entity for failing to comply with requirements with respect to, labeling or […]

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05
Mar

EPA and Court Allow Violations and Hazards of Weed Killer Dicamba Under Existing Stock Order

(Beyond Pesticides, March 5, 2024) Buried in a court decision in February that determined that the U.S. Environmental Protection Agency (EPA) violated the law in allowing harm associated with the herbicide dicamba’s registration is language that permits the damages to continue through this year’s growing season. The judge’s ruling, deferring to EPA’s interpretation of the existing stock provision in the federal pesticide law, continues a pattern of “existing stock” allowances that permit hazards to continue well after a finding of harm or noncompliance. This process contrasts with the issuance of a product recall, which is typically done when pharmaceuticals are found to violate safety standards. Despite the finding of dicamba’s harm and EPA’s failure to comply with standards, the continued use of the weed killer through the 2024 growing season is effectively authorized in a decision of the U.S. District Court of Arizona, which vacates the EPA’s 2021 authorization of the use of three over-the-top (OTT) uses of dicamba-based herbicide products. In response, EPA issued an existing stocks order. EPA’s pattern of allowing the use of existing stocks has long been a concern for public health and environmental advocates, who have called for the discontinuance of use upon findings of […]

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26
Feb

Take Action: Pesticide Manufacturers Ask States To Shield Them from Lawsuits by Those Harmed

(Beyond Pesticides, February 26, 2024) Beyond Pesticides today launched an action to stop a nationwide campaign by chemical manufacturers to shield themselves from liability cases filed by those who have been harmed by pesticide products. As widely reported, Bayer/Monsanto has been hit with numerous jury awards and settlements totaling billions of dollars for adverse health effects associated with their weed killer glyphosate (RoundupTM). After unsuccessfully seeking U.S. Supreme Court review of two of these cases, the industry is now pushing legislation in state legislatures that will shield them from future liability litigation. This is not the first time that the pesticide and toxic chemical industry has sought protection from the states after losing in the highest U.S. Court. After the Supreme Court upheld the right of localities to restrict pesticides more stringently than the U.S. Environmental Protection Agency and state regulatory agencies in Wisconsin Public Intervenor v. Mortier (501 U.S. 597, 1991), the industry went to every state legislature in the country to seek state preemption of their local jurisdictions’ authority to restrict pesticides. They were successful in putting state preemption laws in place in 43 states and have since added another.   Having failed in the courts, history is […]

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02
Feb

The European Union Takes on Greenwashing with a Broad Brush

(Beyond Pesticides, February 2, 2024) Last March, the European Union (EU) Parliament passed a measure to prevent greenwashing in the EU. As public concern about both human and ecosystem health rises, so does greenwashing—corporate efforts to mislead the public with label and marketing language for products and services that is outright dishonest or contains misrepresentations. And so, there has been an explosion of products or practices that are characterized in the market as “eco-friendly,” “green,” “carbon-neutral,” “regenerative,” “sustainable,” “natural,” and “safe”—all with a lack of uniform definition, compliance criteria, and enforcement. To the contrary, in crop/plant production and processing, “organic” does have a legal definition, subject to public review, certification, and enforcement. However, with greenwashing, many corporations aggressively try to gain a share of the $60 billion organic food market and nearly $22 billion organic personal care product market in the U.S. According to ESG Today, the new law passed by the EU Parliament arose because a European Commission-sponsored study found that more than half of green claims are vague or misleading, and another 40% could produce no supporting evidence at all. EU member states have two years to incorporate the measure into their own laws. There is already an EU […]

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19
Dec

Groups Petition EPA to Remove from the Market the Weed Killer Glyphosate

(Beyond Pesticides, December 19, 2023) Last week, farmworker organizations and Beyond Pesticides, represented by the Center for Food Safety, filed a petition with the U.S. Environmental Protection Agency (EPA) urging that the weed killer glyphosate be removed from the market. The petition cites 200 studies, which represent a fraction of the independent scientific literature on the hazards of glyphosate and formulation ingredients of glyphosate products. This action follows previous litigation in 2022 in which a federal court of appeals struck down EPA’s human health assessment, finding that the agency wrongfully dismissed glyphosate’s cancer risk. The farmworker groups petitioning include Farmworker Association of Florida, OrganizaciĂłn en California de Lideres Campesinas, Alianza Nacional de Campesinas, and the Rural Coalition.   Meanwhile, verdicts against glyphosate’s manufacturer, Bayer, continue to pile up with a December jury verdict in Pennsylvania awarding $3.5 million and a November jury in Missouri ordering $1.56 billion to be paid to four plaintiffs. All link their cancer to use of the Roundup. Bayer has lost almost all of the cases filed against it for compensation and punitive damages associated with plaintiffs’ charge that its product (previously manufactured by Monsanto) caused them harm.  The petition summarizes its purpose and justification as […]

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14
Nov

Celebrated 2021 Ag Ban of Deadly Pesticide, Chlorpyrifos, Reversed by Court Despite Decades of Review and Litigation

(Beyond Pesticides, November 14, 2023) One of the Environmental Protection Agency’s (EPA) strongest tools for avoiding responsibility is delay—a tactic that kept cancellation of the neurotoxic pesticide chlorpyrifos at bay for 21 years—until May 2021, when a three-judge panel of the Ninth Circuit Court of Appeals, responded to a petition filed in 2007 by the Natural Resources Defense Council, Pesticide Action Network, and numerous other groups. The Ninth Circuit ordered the agency to quit lollygagging and acknowledge chlorpyrifos’s threat to human health, something the agency had acknowledged already. The Ninth Circuit instructed EPA to either revoke the “safe” tolerances the agency had set for chlorpyrifos’s residue in various foods or demonstrate that they are actually safe. Finally capitulating, EPA issued a final rule in August 2021 revoking all food tolerances for the neurotoxicant. Tell your governor and mayor to adopt policies that support organic land management.  This looked like progress until February 2022, when a different set of petitioners—pesticide companies, U.S. farmer groups, and other countries’ agricultural interests—filed an action in the Eighth Circuit Court of Appeals. On November 3 of this year, a three-judge panel of the Eighth Circuit reversed EPA’s decision, thereby neutralizing the Ninth Circuit’s opinion. Chlorpyrifos, […]

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13
Nov

Commentary and Action: Court Decision and History Calls into Question Value of Pesticide Law

(Beyond Pesticides, November 13, 2023) The news of a federal Appeals Court’s reversal of a U.S. Environmental Protection Agency (EPA) decision in early November calls into question the value of the basic structures, processes, and authorities of pesticide law that the public has been told are protective of health and the environment. After decades of review and litigation, this reversal, especially on a highly neurotoxic insecticide like chlorpyrifos, identifies a fundamentally flawed system that does not protect the health of people, in this case, children’s brains. >>Tell your governor and mayor to adopt policies that support organic land management.  It was EPA’s finding that chlorpyrifos was destructive of the nervous system, particularly in children, and the functioning of the brain that led to an EPA-negotiated chemical company (Corteva/Dow Chemical) settlement in 1999 (took effect in 2000) that removed residential uses of chlorpyrifos from the market. The 2020 EPA decision, 21 years later, to stop agricultural uses followed another Appeals Court decision, departing from the agency’s usually long drawn-out negotiations that ultimately compromise health and the environment. EPA banned agricultural uses of chlorpyrifos in 2016 in the Obama Administration, but the decision was reversed by the Trump Administration in 2017. Because […]

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29
Jun

Industrial Chemical Giants in PFAS Water Contamination Case Agree to $1.185 Billion Settlement

(Beyond Pesticides, June 29, 2023) In the first major settlement amid an influx of PFAS litigation, industrial chemical giants DuPont, Chemours, and Corteva will pay $1.185 billion dollars to cities and towns across the U.S. to cover the cost of PFAS remediation and monitoring in public drinking water systems. The significance of this nationwide class-action settlement cannot be overstated, as citizens have battled powerful chemical corporations for decades with limited success. Dangerous toxicants have been indiscriminately discharged into the environment by chemical companies since the mid-1900s, and the PFAS litigation is important in the company’s acceptance of responsibility for contamination. Of course, the damage to health and the environment is incalculable, given the pervasive environmental contamination and poisoning that it has caused, and additional lawsuits are pending, with more expected. Advocates maintain that this case exemplifies the inadequacies of regulatory controls that do a poor job of capturing the long-term effects of chemicals before being introduced into the market and a worse job of questioning the essentiality of toxic substances for which there are alternative practices and products. PFAS bring into sharp focus the legacy of chemical contamination and the impact on  future generations—a problem well-documented with pesticides like DDT […]

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15
Jun

Recent Supreme Court Ruling on Clean Water Act “will take our country backwards”

(Beyond Pesticides, June 15, 2023) The Supreme Court’s recent ruling in Sackett v. Environmental Protection Agency (EPA) on the Clean Water Act’s jurisdiction dramatically limits the EPA’s ability to protect critical wetland ecosystems. On May 25, in a 5-4 majority decision, the Supreme Court ruled that EPA has authority to protect only “wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their own right.” Wetlands must appear “indistinguishable” from larger waterways at a surface-level perspective. Wetlands next to a large waterway are no longer protected if they are separated by a manmade or terrestrial barrier. Water flows underground from upstream to downstream sources and exits the confines of its customary boundaries during periods of flooding, so to declare waterways distinct based merely on a surface-level perspective defies scientific understanding of ecosystem health.  Critical Nature of Wetland Ecology  The conservation of wetland ecology is critical to the health of our environment. The United States Geological Survey (USGS) states, “Wetlands are among the most productive habitats on earth” given their role in flood resilience, improvement in water quality, and coastal erosion control. Wetlands are essential nursery grounds for many species of fish and oases for […]

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16
May

Groups Announce Intent to Sue Fish and Wildlife Service Over Failure to Protect Manatees

(Beyond Pesticides, May 16, 2023) U.S. Fish and Wildlife Service (USFWS) is set to be sued for its failure to implement strong protections for imperiled manatee populations. Earlier this month, the Harvard Animal Law and Policy Clinic, Center for Biological Diversity, Miami Waterkeeper, and engineer Frank GonzĂĄlez Garcia sent USFWS a notice of intent to sue after USFWS failed to respond to a petition sent by the groups last fall. “It has been months of agony and unjustified time lost for manatees in Puerto Rico,” said Mr. Garcia, an engineer who is concerned with the loss of natural resources. “Recent fatal accidents and unprecedented toxic water discharges aggravate the already precarious living and survival conditions of this beloved species,” Mr. Garcia said. Recent reporting has captured a dismal situation for manatee populations. The species is under threat from a range of anthropogenic impacts, from boat strikes to harmful herbicide contamination, pollution-driven red tides, and algae blooms that have destroyed seagrass beds the species rely upon. Starvation resulting from the loss of seagrass beds was the cause of death for more than 1,000 manatees in 2021, prompting wildlife officials to feed them cabbage and lettuce as a last resort to keep […]

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24
Jan

Legal Case Opens To Stop Antibiotics in Citrus and Advance Organic, Given Resistant Bacteria Crisis

(Beyond Pesticides, January 24, 2023) Oral arguments begin this week in a lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) approval of the antibiotic streptomycin as a pesticide on citrus crops. Brought forth by a coalition of farmworker, health, and environmental groups, the lawsuit aims to stop the use of a critical medical treatment for agricultural purposes. “Humanity’s dwindling supply of medically effective antibiotics is not worth sacrificing for an industry that has safer alternatives available,” said Drew Toher, community resource and policy director at Beyond Pesticides. “Despite the challenges, we know from the elimination of this material in organic production that we don’t need antibiotics in order to produce a glass of orange juice.”  In 2020, the Lancet published an article that identifies several of the multiple and interacting crises the U.S. and world face, with a focus on another “looming potential pandemic . . . [a] rise in multidrug-resistant bacterial infections that are undetected, undiagnosed, and increasingly untreatable, [whose rise] threatens the health of people in the USA and globally.” It calls on leaders in the U.S. and beyond, asking that even as they address the current coronavirus pandemic, they also attend to the antimicrobial resistance (AMR) problem, […]

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06
Jan

EPA’s Failure to Regulate Endocrine-Disrupting Pesticides before a Federal Court. . . Again

(Beyond Pesticides, January 6, 2023) Plaintiffs in a recent pesticide lawsuit against the U.S. Environmental Protection Agency (EPA) reprise, in their arguments, a critique proffered repeatedly by Beyond Pesticides: the agency has failed, for many years, to evaluate and regulate endocrine-disrupting pesticides adequately. The suit, according to Progressive Farmer, argues that the 1996 Food Quality Protection Act (FQPA) — legislation that mandated that EPA establish “tolerances” for pesticides in foods and regulate on those bases — required EPA to develop an endocrine disruptor screening program (EDSP) and to implement it by 1999. The litigation goes on to note that “more than twenty-five years after the passage of the FQPA, EPA has yet to implement the EDSP it created and further, has failed to even initiate endocrine testing for approximately 96% of registered pesticides.” Plaintiffs are asking the court, among other requests (see below) to order “EPA to complete all actions required under the FQPA at issue in this case as soon as reasonably practicable, according to a Court-ordered timeline.” Endocrine disruptors are chemicals that can, even at low exposure levels, disrupt normal hormonal (endocrine) function. Endocrine disruptors function by: (1) mimicking the action of a naturally produced hormone, such as estrogen […]

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12
Oct

EPA Asks Federal Court to Allow Reconsideration of Its Decision to Permit Paraquat’s Continued Use

(Beyond Pesticides, October 12, 2022) The U.S. Environmental Protection Agency (EPA) is asking a federal court for permission to go back and reconsider its decision to reapprove use of the highly hazardous herbicide paraquat, according to a filing submitted by the agency late last month. Advocates see the move as encouraging, since meaningful EPA action on this Parkinson’s-linked chemical is long overdue. Last year, advocates condemned the Biden Administration for its reapproval of the weed killer with fewer protections than those proposed by the Trump Administration, marking a deeply concerning sign for pesticide reform campaigners looking to the administration for positive change. EPA’s request is the result of a legal challenge brought by the California Rural Legal Assistance Foundation, Earthjustice, Farmworker Association of Florida, Pesticide Action Network, and the Michael J. Fox Foundation for Parkinson’s Research.  The groups argued that the agency’s decision to reregister paraquat was not legal based on substantial evidence that the chemical poses unreasonable risks to human health and the environment. While EPA made its initial decision to reapprove paraquat in the late days of the Trump Administration, it was under the Biden Administration that the agency reversed a proposed ban on aerial use, permitting broad-scale […]

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30
Sep

EPA’s Failure to Ban Glyphosate Keeps Burden of Protection with Consumers and Local and State Governments

(Beyond Pesticides, September 30, 2022) In late September, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of its Interim Decision on glyphosate, the active ingredient in multiple herbicides, most notably Monsanto’s (now Bayer’s) Roundup. The action follows a slew of developments related to the herbicide, including: the 2015 International Agency for Research on Cancer’s declaration of its carcinogenicity; legal judgments and massive rewards to victims who developed cancers after chronic exposures; advocate efforts to get EPA to recognize the dangers of, and curtail, its use; and pushback from industry — most of the latter two coming in the form of litigation. The withdrawal of that Interim Decision means, on the ground that this harmful compound can continue to be used until a next regulatory review decision by EPA. Beyond Pesticides has long been engaged in education on and advocacy against glyphosate use, and was a plaintiff in the 2020 lawsuit, with the Center for Food Safety (CFS), et al., against EPA for this 2020 Interim Decision (ID). Under FIFRA (the Federal Insecticide, Fungicide and Rodenticide Act) each pesticide must be reviewed by EPA every 15 years “to ensure that existing pesticide products continue to perform their intended function without […]

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20
Sep

Not Accessible to All, Court Finds QR Codes Unlawful as Means of Disclosing Genetically Engineered Food Ingredients

(Beyond Pesticides, September 20, 2022) A federal court this month declared that the U.S. Department of Agriculture (USDA) acted unlawfully in allowing food retailers to label genetically engineered (GE, or GMO) foods with only a “QR” code. The decision, made by U.S. District Court for the Northern District of California, comes as a result of a lawsuit against USDA by a coalition of nonprofits led by Center for Food Safety, along with organic retailers Natural Grocers and Puget Consumers Co-op. “This is a win for the American family. They can now make fully informed shopping decisions instead of being forced to use detective work to understand what food labels are hiding,” said Alan Lewis, Vice President for Advocacy and Governmental Affairs at Natural Grocers. “The public’s rejection of hidden GMOs has been weighed by the Court to be greater than the agrochemical industry’s desire to hide GMOs behind incomprehensible bureaucratic rules.” In 2016, Congress passed the National Bioengineered Food Disclosure Standards Act, which established federal standards around labeling GE foods. That bill, dubbed by GE transparency advocates as the DARK (Denying Americans the Right to Know) Act, was the result of a deal between U.S. Senators Debbie Stabenow (D-MO) and […]

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