[X] CLOSEMAIN MENU

  • Archives

  • Categories

    • air pollution (2)
    • Announcements (588)
    • Antibiotic Resistance (31)
    • Antimicrobial (11)
    • Aquaculture (30)
    • Aquatic Organisms (26)
    • Bats (6)
    • Beneficials (43)
    • Biofuels (6)
    • Biological Control (26)
    • Biomonitoring (36)
    • Birds (17)
    • btomsfiolone (1)
    • Bug Bombs (2)
    • Canada (10)
    • Cannabis (27)
    • Centers for Disease Control and Prevention (CDC) (9)
    • Children (66)
    • Children/Schools (230)
    • cicadas (1)
    • Climate (9)
    • Climate Change (62)
    • Clover (1)
    • compost (2)
    • contamination (120)
    • Disinfectants & Sanitizers (13)
    • Drift (4)
    • Drinking Water (3)
    • Ecosystem Services (3)
    • Emergency Exemption (2)
    • Environmental Justice (142)
    • Environmental Protection Agency (EPA) (349)
    • Events (82)
    • Farm Bill (11)
    • Farmworkers (160)
    • Forestry (5)
    • Fracking (4)
    • Fungal Resistance (2)
    • Fungicides (15)
    • Goats (2)
    • Golf (15)
    • Greenhouse (1)
    • Groundwater (3)
    • Health care (32)
    • Herbicides (14)
    • Holidays (31)
    • Household Use (6)
    • Indigenous People (1)
    • Infectious Disease (2)
    • Integrated and Organic Pest Management (62)
    • Invasive Species (33)
    • Label Claims (47)
    • Lawns/Landscapes (225)
    • Litigation (324)
    • Livestock (6)
    • Metabolites (3)
    • Microbiata (15)
    • Microbiome (16)
    • Nanosilver (2)
    • Nanotechnology (54)
    • National Politics (386)
    • Occupational Health (5)
    • Pesticide Drift (145)
    • Pesticide Efficacy (3)
    • Pesticide Mixtures (2)
    • Pesticide Regulation (716)
    • Pesticide Residues (163)
    • Pets (28)
    • Plant Incorporated Protectants (1)
    • Poisoning (4)
    • Preemption (26)
    • President-elect Transition (2)
    • Repellent (2)
    • Resistance (102)
    • Rights-of-Way (1)
    • Rodenticide (29)
    • Seeds (3)
    • synergistic effects (8)
    • Synthetic Pyrethroids (9)
    • Take Action (529)
    • Textile/Apparel/Fashion Industry (1)
    • Toxic Waste (6)
    • Wildlife/Endangered Sp. (411)
    • Women’s Health (11)
    • Wood Preservatives (32)
    • World Health Organization (6)
  • Most Viewed Posts

Daily News Blog

Archive for the 'Litigation' Category


22
Jun

Supreme Court Permits Large Jury Verdicts on Roundup, Appeals Court Finds EPA Registration Unlawful

(Beyond Pesticides, June 22, 2022) Bad news is piling up for Bayer (Monsanto) and its carcinogenic flagship weed killer, glyphosate (Roundup). Last week, the Court of Appeals for the Ninth Circuit handed down a ruling that held the U.S. Environmental Protection Agency’s (EPA) 2020 approval of its notorious weed killer glyphosate unlawful. Then, yesterday, the U.S. Supreme Court declined to consider (deny certiorari) Bayer’s “Hail Mary” petition attempt to save the company from being held accountable to those diagnosed with cancer after using Roundup (glyphosate) herbicides. In both cases, the courts are acting as a check on a company, while EPA regulators charged with stopping this behavior continue to rubber stamp the agrichemical industry’s dangerous decisions. This is not the first time that the Supreme Court has upheld the rights of victims of the pesticide industry. In 2004, Bates v. Dow Agrosciences (U.S. Supreme Court, No. 03-388), the court found: “The long history of tort litigation against manufacturers of poisonous substances adds force to the basic presump­tion against pre-emption. If Congress had intended to deprive injured parties of a long available form of compen­sation, it surely would have expressed that intent more clearly. See Silkwood v. Kerr-McGee Corp., 464 U. […]

Share

27
May

Drift-Prone Weed Killer Out of Control with the Chemical Industry at the Wheel

(Beyond Pesticides, May 27, 2022) In a U.S. Environmental Protection Agency (EPA) court document filed on May 16, the agency signaled potential changes to the labeling it requires for “over the top” (OTT, or post-emergent) herbicides containing dicamba, a very problematic pesticide. The filing — in U.S. District Court for the District of Arizona, where EPA currently faces litigation about its 2020 dicamba registrations — comes as a result of Bayer, Inc.’s March 2022 proposed amendments to EPA registration for its XtendiMax herbicide, which contains dicamba and glyphosate. Beyond Pesticides has covered the dicamba saga for years, including the EPA Office of the Inspector General’s critical 2021 report citing an abandonment of science and assault on agency integrity for EPA’s dicamba decisions during the Trump years. Dicamba has been linked to cancer, reproductive effects, neurotoxicity, birth defects, and kidney and liver damage. It is toxic to birds, fish, and other aquatic organisms, and is known to leach into waterways after application. Dicamba also causes serious damage to non-GE (genetically engineered), non-target plants, damaging habitat and food sources for various organisms, especially for birds and insects. According to Progressive Farmer, EPA is currently considering some dicamba use restrictions after Bayer submitted them to […]

Share

25
May

Agrichemical Industry Demands Biden Administration Rescind Support for Cancer Victims Before Supreme Court

(Beyond Pesticides, May 25, 2022) Earlier this month, the U.S. Department of Justice urged the Supreme Court to deny a request by Bayer to review a verdict that found the corporation liable for damages from the use of its Roundup (glyphosate) herbicides. Now, Bayer is using proxy organizations to place pressure on the Biden Administration and Justice Department to rescind its decision. Alongside a range of chemical industry umbrella groups, many of which—like Croplife America—Bayer is a member of, a letter was sent to President Biden expressing “grave concern” about the opinion filed by Solicitor General Elizabeth Prelogar. Among a range of baseless claims, the agrichemical industry is deflecting lower court findings on the hazards and cancer risk of their products with the claim that their toxic chemicals are needed to feed the world, as crops shipments from Ukraine have been halted during the ongoing war. “The agrichemical industry has long tried to sell the idea that their toxic pesticides are needed to feed the world, as if to suggest that their motives are altruistic when, in fact, they have shown a callous disregard for life and a sustainable future,” said Jay Feldman, executive director of Beyond Pesticides. ” We […]

Share

15
Apr

Beyond Pesticides Makes Science-based Case that It Is Imperative to Phase Out Pesticides in a Decade

The organic solutions to problems highlighted in the latest issue of Pesticides and You—based on the importance of healthy ecosystems and public health protection—are within reach, and the data creates an imperative for action now that phases out pesticides within a decade, while ensuring food productivity, resilient land management, and safe food, air, and water. (Beyond Pesticides, April 15, 2022) The current issue of Pesticides and You, RETROSPECTIVE 2021: A Call to Urgent Action, is a look at a year of science, policy, and advocacy that informs both the existential problems that the U.S. and the world are facing due to toxic pesticide dependency, and solutions that can be adopted now. The information in this issue captures the body of science that empowers action at the local, state, and federal level, and provides a framework for challenging toxic pesticide use and putting alternatives in place. The issue finds that 2021 was a pivotal year in both defining the problem and advancing the solution. This year in review is divided into nine sections that provide an accounting of scientific findings documenting serious pesticide-induced health and environmental effects, disproportionate risk to people of color and those with preexisting conditions, regulatory failures, at the same time […]

Share

18
Mar

Pesticide Drift or Chemical Trespass Continue Uncontrolled, Despite Successful Litigation

(Beyond Pesticides, March 18, 2022) A 2020 lawsuit related to pesticide drift was resolved on March 8, 2022 in San Joaquin (California) Superior Court with the finding that Alpine Helicopter Services, which specializes in pesticide applications for government and tourism entities, had violated pesticide drift laws and endangered public health and safety. The court further found Alpine liable for damage related to its actions, though penalties in the case, brought by California state prosecutors and the California Department of Pesticide Regulation (DPR), have yet to be determined. The case exposes a handful of the many instances of pesticide drift, also known as “chemical trespass,” that occur every year in the U.S. In 2004, Beyond Pesticides covered the issue with Getting the Drift on Chemical Trespass; its monitoring of drift issues is ongoing, as can be seen in its “Pesticide Drift” archives. The long history of nontarget exposure, contamination, and poisoning teaches that drift is a function of pesticide use, but not considered adequately by regulators who allow the marketing of poisons that are known to move through the environment uncontrolled. Cases like the Alpine case highlight a relentless problem associated with the daily use of pesticides. Pesticide drift is any airborne […]

Share

15
Dec

It’s Time for Bayer/Monsanto to Leave Hawai’i after Pleading Guilty to Multiple Violations that Harm People and Environment of the State, Advocates Say

(Beyond Pesticides, December 15, 2021) Monsanto has pleaded guilty to multiple environmental crimes in HawaiÊ»i for the second time in less than four years, and the island communities are left asking “when is enough enough?” In the most recent case, Monsanto will plead guilty to 30 environmental crimes in HawaiÊ»i, related to pesticide use violations and putting field workers at risk.  In both cases, they admit that they knowingly violated pesticide law and put field workers in harmÊ»s way.  They will pay a $12 million fine this time, bringing their criminal fines and “community service payments” to a total of $22 million since 2019. At the center of these cases is the fact that the Monsanto field workers had to transport, apply, and suffer exposure to these toxic and banned pesticides as a part of their job. Autumn Ness, director of Beyond Pesticides’ Hawai’i organic land management program,  said: “In small island communities of HawaiÊ»i, Monsanto workers are our friends and family. Folks live just downwind and next door to these fields.  We are concerned about their health, and those concerns are glaringly missing from news reports and in the distribution agreements for the community service payments.” There are two […]

Share

30
Nov

CA Supreme Court Upholds $87M Award in Glyphosate Damage Lawsuit, Bayer/Monsanto Challenge Fails

(Beyond Pesticides, November 30, 2021) The chronicle of developments in the glyphosate saga has just grown longer: the California Supreme Court has rejected a request by Bayer AG for review of the August 2021 First District Court of Appeal (San Francisco) ruling, for the plaintiffs, that Monsanto knowingly marketed a product — Roundup — whose active ingredient (glyphosate) could be dangerous. The $87 million in damages awarded to the plaintiffs in the litigation, Alberta and Alva Pilliod, has thus survived Bayer’s challenge. This highest state court decision racks up another loss for Bayer (which now owns the Monsanto “Roundup” brand) — despite its dogged insistence, throughout multiple lawsuits (with many more still in the pipeline), that glyphosate is safe. Beyond Pesticides has covered the glyphosate saga extensively; see its litigation archives for multiple articles on glyphosate lawsuits. Glyphosate has been the subject of a great deal of public, advocacy, and regulatory attention, as well as the target of thousands of lawsuits — particularly since the 2015 declaration by the IARC (International Agency for Research on Cancer) that the compound is a likely human carcinogen. In June 2020, facing approximately 125,000 suits for Roundup’s role in cancer outcomes, Bayer announced a $10 billion […]

Share

18
Aug

Bayer Files “Hail Mary” Petition with U.S. Supreme Court after Losing Jury Verdicts on Cancer Causing Roundup/Glyphosate

(Beyond Pesticides, August 18, 2021) Multinational chemical company Bayer filed a petition with the U.S. Supreme Court this week, seeking a reversal of a lower court verdict that established Bayer liable for damages from the use of its weed killer Roundup. After purchasing Roundup-maker Monsanto in 2018, Bayer has been mired in a deluge of court battles from injured customers throughout the country who assert that their use of the glyphosate-based herbicide resulted in their cancer diagnosis. Bayer, for its part, has consistently lost these court cases. The company’s Supreme Court petition is now regarded as its best and last chance to avert responsibility for the ongoing harm to public health caused by its carcinogenic herbicide. Bayer’s Supreme Court challenge pertains to the Hardeman v. Monsanto case. In that suit, a California court found unanimously in favor of the plaintiff, Edwin Hardeman. Mr. Hardeman told the jury he had used Roundup since the 1980s to spray poison oak and weeds around his property, resulting in his diagnosis of non-Hodgkin lymphoma in 2014. He was awarded $5.27 million, while his punitive damages were ultimately reduced from $75 to $20 million. Bayer is bringing two main arguments to the Supreme court. First, […]

Share

14
Jul

Parents of Harmed Children Sue Manufacturer of Brain-Damaging Insecticide Chlorpyrifos

(Beyond Pesticides, July 14, 2021) Corteva (formerly DowDupont) is facing a potential class-action lawsuit after several California families filed suit claiming that the use of the insecticide chlorpyrifos around their homes resulted in birth defects, brain damage, and developmental problems in their children. Chlorpyrifos is an organophosphate insecticide that has been linked to a range of health ailments, posing significant hazards particularly for pregnant mothers and their children. The lawsuits come as the U.S. Environmental Protection Agency (EPA) approaches a court-imposed 60-day deadline to decide the fate of the pesticide’s registration. Attorneys for the court cases, filed on behalf of individuals located in four California communities (Fresno, Kings, Medera, and Tulare counties), indicate they intend to pursue class-action status, which would allow additional injured parties to join the lawsuit. The plaintiffs argue that the effects of chlorpyrifos exposure lingers in the agricultural communities where they reside. “We have found it in the houses, we have found it in carpet, in upholstered furniture, we found it in a teddy bear, and we found it on the walls and surfaces,” said Stuart Calwell, lead attorney for the plantiffs. “Then a little child picks up a teddy bear and holds on to it.” […]

Share

02
Jun

Judge Rejects Bayer Proposal to Settle Future Roundup Claims

(Beyond Pesticides, June 2, 2021) U.S. District Court Judge Vince Chhabria last week rejected a proposal from multinational agrichemical company Bayer (Monsanto) to settle future court claims around the company’s flagship Roundup/glyphosate herbicide. In making his decision, Judge Chhabria asserted that the corporation’s proposal was inadequate for future victims diagnosed with cancer after using the herbicide. The decision has Bayer scrambling for a way out, and it indicated in a “Five Point Plan” released after the ruling that it will, “discuss the future of glyphosate-based products in the U.S. residential market.” Bayer’s rejected proposal would have established a $2 billion fund, split between future claimants (who would receive between $5,000 and $200,000), and the cost to cover cancer monitoring, lawyers’ fees, and an advisory panel to review claims. Bayer has agreed to a separate $9.6 billion agreement to settle existing lawsuits, having lost several rounds of litigation where juries found in favor of plaintiffs who claimed that their use of Roundup resulted in their development of non-Hodgkin’s lymphoma. Recently, in mid-May, Bayer lost an appeal of the Hardeman vs. Monsanto case, as a three judge panel upheld a $25 million award. Prior to rejecting the proposal on future claimants, the […]

Share

04
May

Federal Court Gives EPA 60-Day Deadline to Decide the Fate of Chlorpyrifos

(Beyond Pesticides, May 4, 2021) The U.S. Environmental Protection Agency (EPA) has less than two months to determine whether cancel or modify its registration of the brain-damaging, organophosphate insecticide chlorpyrifos, following a decision from a federal appeals court last week. The ruling comes after more than a decade of delay from the federal agency tasked with protecting public health and the environment from the hazards of chemicals like chlorpyrifos. The decision now falls to the Biden Administration’s EPA Administrator Michael Regan, after the previous administration reversed a proposal to ban agricultural uses of chlorpyrifos in 2017. Most residential uses of the chemical were banned in 2000.   “The EPA has had nearly 14 years to publish a legally sufficient response to the 2007 Petition,” reads a 2-1 opinion from the U.S. Court of Appeals for the 9th Circuit in San Francisco. “During that time, the  EPA’s  egregious  delay  exposed  a  generation  of  American  children  to  unsafe  levels  of  chlorpyrifos.” Chlorpyrifos is an organophosphate insecticide that is currently registered for use on a range of food crops, golf courses, and for public health mosquito control (in cases of mosquito-borne diseases). It is highly acutely toxic, causing numbness, tingling sensation, in-coordination, dizziness, vomiting, […]

Share

02
Apr

Lawsuit Challenges EPA Allowance of Antibiotic Streptomycin in Citrus

(Beyond Pesticides, April 2, 2021) Having raised the alarm for many years (and most recently in November 2020) on the dangers of the burgeoning antibiotic resistance crisis, Beyond Pesticides has joined a coalition of public interest groups in a lawsuit against the U.S. Environmental Protection Agency (EPA) for its approval of use of the medically important antibiotic streptomycin on citrus trees. Beyond Pesticides executive director Jay Feldman comments: “It is past time to take urgent action to transition away from practices in agriculture that are dependent on antibiotics, advance organic farm management, and avoid new deadly pandemics. This lawsuit is an important action to reverse the previous administration’s decision to ignore the science and allow expanded use of an antibiotic in agriculture.” According to the National Resources Defense Council (NRDC), the suit charges that EPA “failed to ensure that the approved uses of streptomycin as a pesticide would not cause unreasonable harm to human health or the environment and failed to adequately assess impacts to endangered species.” The coalition of plaintiffs includes Beyond Pesticides, NRDC, Center for Biological Diversity, Environmental Confederation of Southwest Florida, Farmworker Association of Florida, Farmworker Justice, Migrant Clinicians Network, and U.S. PIRG. The coalition is represented […]

Share

09
Feb

Proposed Bayer/Monsanto Settlement for Roundup Victims Offers Payments and Challenges

(Beyond Pesticides, February 9, 2021) Multinational agrichemical corporation Bayer/Monsanto released a proposal last week to provide up to $200,000 per claimant in compensation to future victims of its Roundup weed killer, according to Reuters. The proposed settlement, agreed to with lawyers representing victims, continues Bayer/Monsanto’s attempts to limit the spiraling cost Roundup lawsuits, which have awarded individual victims millions of dollars in damages. The company appears to consider the proposal a good investment, as it has announced no plans to stop sale and production of its carcinogenic weed killer. However, under the current proposal, plaintiffs would not be forced to go through a compensation fund, and could seek additional punitive damages through a separate suit. As the attorney for Roundup victims, Elizabeth Casbraser, of Lieff Cabraser Heimann & Bernstein, told the Wall Street Journal, “It’s really about options, and it’s really about choice. I think it’s a great option that offers predictability and transparency for people who don’t want to wait, who want to be compensated.” To stop the surge of cancer victims – comprising roughly 125,000 lawsuits – from further damaging the company financially, Bayer/Monsanto last year proposed a $10.9 billion settlement with current litigants. Unresolved future claims were […]

Share

26
Jan

Beyond Pesticides Sues Sargento Foods for Mislabeling Antibiotic Use as Threat of Resistance Looms

(Beyond Pesticides, January 26, 2021) As the world moves toward another pandemic associated with antibiotic resistance, Beyond Pesticides sued Sargento Foods, Inc. for misleading its customers with product label claims of “no antibiotics,” which is false according to the complaint. The lawsuit alleges that Sargento’s cheese products are made with milk from cows raised with antibiotics and that antibiotics can be found in some of the company’s finished food.     The use of antibiotics in agriculture is contributing to a “looming potential pandemic” worldwide, resulting from a “rise in multidrug-resistant bacterial infections that are undetected, underdiagnosed, and increasingly untreatable, [which] threatens the health of people in the USA and globally,” according The Lancet, a prestigious medical journal, in September. The World Health Organization has declared that, “AMR [antimicrobial resistance] is one of the top 10 global public health threats facing humanity.” The primary contributors to AMR identified in the scientific literature are antibiotic uses in agriculture and overuse in medicine.  “This lawsuit is motivated by the urgent need to transition away from practices in agriculture that are dependent on antibiotics, advance organic farm management, and avoid new deadly pandemics,” said Jay Feldman, executive director of Beyond Pesticides. “One way to do this is to […]

Share

22
Dec

Farmworkers and Conservationists Ask Court to Remove Monsanto’s Roundup from the Market

(Beyond Pesticides, December 22, 2020) Opening arguments and evidence were filed by a coalition of farmworkers, farmers, and conservationists last week in litigation challenging the U.S. Environmental Protection Agency’s (EPA) re-approval of glyphosate, best known as the active ingredient in Monsanto’s “Roundup” pesticides. The lawsuit charges that the Trump Administration unlawfully ignored cancer risks and ecological damage of glyphosate.  Represented by the Center for Food Safety (CFS), plaintiffs, including the Rural Coalition, Farmworker Association of Florida, OrganizaciĂłn en California de Lideres Campesinas, and Beyond Pesticides, filed the federal lawsuit in the Ninth Circuit Court of Appeals in March. The groups seek to have the pesticide prohibited from use or sale because of its unlawful approval. “Farmworkers are on the frontlines of nearly every health and environmental crisis, from the COVID-19 pandemic to climate change, and are particularly at risk of health impacts from pesticide spraying,” said Amy van Saun, senior attorney at CFS. “EPA failed these essential workers. It rejected evidence that glyphosate causes cancer and entirely failed to assess the main way people are exposed at work, through their skin.” The court filing includes volumes of evidence showing how EPA ignored glyphosate’s health risks, including cancer risks, to farmworkers and farmers exposed during spraying. The evidence […]

Share

18
Dec

Investigation on Weed Killer Dicamba Adds to Pattern of Corporate Deception on Pesticide Hazards

(Beyond Pesticides, December 18, 2020) The Midwest Center for Investigative Reporting published a story in early December on yet another example of the corporate malfeasance that exalts profit far above concerns for safety, health, and ecosystems. The Midwest Center’s investigation finds that Monsanto and BASF, makers of the extremely problematic herbicide dicamba, engaged in a variety of deceitful, unethical, and possibly fraudulent practices to enable its use. The bottom line is that the companies knew, before they released dicamba, about the massive damage it would cause — and then put it on the market. Beyond Pesticides has reported on the corporate greed that fuels the downstream public health, environmental, and economic devastation these pesticides cause, and advocated for their removal from the market. Such unscrupulous behavior is not confined to these companies; Bayer (which now owns Monsanto) and Syngenta are also implicated in similar actions related to other pesticides: glyphosate and atrazine, respectively. Over the course of the past couple of decades, large agrochemical corporations have pursued not only extreme market penetration for their toxic products, but also, vertical integration that, in the case of Bayer/Monsanto, “represents a near-monopoly on the agriculture supply chain.” Corporate ownership of the patent on genetically […]

Share

15
Dec

Migrant Farmworkers Repeatedly Doused with Toxic Pesticides, Lawsuit Documents

(Beyond Pesticides, December 15, 2020) Over two dozen Texan farmworkers working in Illinois fell ill after toxic pesticides were repeatedly sprayed over them via aircraft, according to a complaint filed in U.S. District Court this month. As the suit details, indiscriminate pesticide spray brought harm to several minors, elderly workers, and a pregnant mother. Plaintiffs are seeking numerous claims against Pioneer Hi-Bred, a subsidiary of Corteva (formerly DowDupont), as well as the aerial spray company and applicator that contaminated workers. These include violations of federal law and other tort, wage, contract, and damage claims. “No farmworker should be exposed to poisonous chemicals when doing their job, let alone multiple times in two weeks,” said Lisa Palumbo, Director of Legal Aid Chicago’s Immigrants and Workers’ Rights project, which filed the suit alongside several other legal advocacy groups. “Migrant farmworkers are some of our most vulnerable workers, who grow and harvest the food we eat. Their employer is obligated to ensure they are safe from pesticide exposure, and that they are properly cared for and provided truthful information if exposure occurs. This did not happen here.”   Two incidents are detailed in the complaint. With the first, occurring in July 2019, all […]

Share

04
Dec

Ubiquitous Herbicide Glyphosate/Roundup Threatens Nearly All Endangered Species, Says EPA

(Beyond Pesticides, December 4, 2020) Amid the maelstrom of national political news related to the recent election, and the Trump administration’s upcoming exit, comes a release of the Environmental Protection Agency’s (EPA’s) draft biological evaluation (BE) of glyphosate. The assessment indicates that use of this ubiquitous herbicide likely threatens nearly every animal and plant species on the U.S. list of threatened and endangered species — 93% of them, in fact. Chemical and Engineering News reports that the EPA announcement was made public only a few days after the agency also reported that atrazine (another commonly used and toxic herbicide) probably harms more than half of those species. Given the Trump EPA’s eagerness, during the past four years, to serve industry interests rather than protect human health, biodiversity, and functional ecosystems, the timing of this released evaluation during the so-called “lame duck” period is puzzling. Glyphosate is the active ingredient in many herbicides, including RoundupTM, Monsanto’s (now Bayer’s) ubiquitous and widely used weed killer; it is very commonly used with genetically modified companion seeds for a variety of staple crops, as well as for weed control on managed landscapes. These seeds are genetically engineered to be glyphosate tolerant. Glyphosate-based herbicides are the most […]

Share

06
Nov

Lawsuit Launched Against EPA Approval of Toxic Herbicide Atrazine

(Beyond Pesticides, November 6, 2020) Beyond Pesticides joined health and environmental groups suing the U.S. Environmental Protection Agency (EPA) late last month over its decision to reapprove the endocrine disrupting herbicide atrazine with fewer protections for children’s health. Despite the chemical being banned across much of the world, EPA continues to make decisions that benefit chemical industry executives. “EPA’s failure to remove atrazine represents a dramatic failure of a federal agency charged with safeguarding the health of people, wildlife, and the environment,” said Jay Feldman, executive director of Beyond Pesticides. “We seek to uphold the agency’s duty to act on the science, in the face of viable alternatives to this highly toxic weedkiller.” It is not hyperbole, but in fact scientifically documented, that atrazine exposure “chemically castrates” frogs, impairs fish reproduction, and can result in birth defects and cancer in humans. EPA decision comes on the heels of a rash of industry-friendly decisions. Within the last month, the agency has finalized rules weakening farmworker buffer zone protections, reapproving dicamba use on genetically engineered crops, and reregistering some of the most toxic pesticides on the market. The lawsuit, filed in the Ninth Circuit Court of Appeals, contends that before reapproving atrazine, […]

Share

23
Oct

Parents Sue Manufacturer of Neurotoxic Insecticide Chlorpyrifos, Corteva (formerly Dow), for Causing Child’s Disabilities

(Beyond Pesticides, October 23, 2020) In central California, what promises to be a landmark series of lawsuits against Corteva (formerly DowAgroSciences), maker of the pesticide chlorpyrifos, is under way, spearheaded by the case Alba Luz Calderon de Cerda and Rafael Cerda Martinez v. Corteva Inc., et al. This first suit, brought by the parents of Rafael Cerda Calderon, Jr. on his behalf, charges that his lifelong disabilities were caused by chronic exposures to chlorpyrifos. The parents are suing for general damages, compensatory damages (due to Rafael, Jr.’s loss of earning capacity), medical care costs, and “punitive damages for the willful, reckless, and recklessly indifferent conduct of the Defendants” in intentionally hiding the dangers of their chlorpyrifos products from customers and the public. As with so many dangerous pesticides, absent effective federal regulation, states, cities, and other entities are taking action to protect people from this compound, and as in this case, individuals are seeking redress for harms suffered. Beyond Pesticides has long advocated for a ban on the use of chlorpyrifos because of the grave risks it poses. The case was filed in mid-September in California Superior Court, Kings County, and names not only Corteva, but also, the cities of Huron and Avenal, Woolf […]

Share

11
Sep

Black Farmers Association Sues Bayer/Monsanto for Failure to Warn on Glyphosate/Roundup Hazards and Disproportionate Risk; Seeks Chemical’s Removal from Market

(Beyond Pesticides, September 11, 2020) In late August, the National Black Farmers Association filed suit against the chemical company Bayer/Monsanto, seeking to stop the sale of its ubiquitous, glyphosate-based herbicide, Roundup. According to the Midwest Center for Investigative Reporting, the lawsuit argues that Black farmers are, essentially, forced to use Roundup and incur the risks of developing non-Hodgkin Lymphoma or other cancers (or health impacts) because of the exigencies of the pesticide and biotech industry “grip” on agriculture in the U.S. The suit maintains that Bayer (which owns Monsanto, the original manufacturer of Roundup) knowingly failed, and continues to fail, to warn farmers adequately about the dangers of the pesticide. In a Labor Day Daily News post, Beyond Pesticides noted that current pesticide laws result in disproportionate impacts on workers, including agricultural workers of color. Beyond Pesticides is committed to addressing the conditions that give rise to disproportionate harm and to working in broad coalitions to correct them. Many countries have banned use of Roundup, largely because of glyphosate’s strong links to many health issues, including cancer, endocrine disruption, Parkinson’s Disease, and reproductive and immunological anomalies. The compound is regarded as carcinogenic by the International Agency for Research on Cancer […]

Share

26
Jun

Bayer-Monsanto Chalks Up Court Victory that Takes Cancer Warning Off Roundup™-Glyphosate in California, Makes Case for Fundamental Overhaul of Pesticide Law

(Beyond Pesticides, June 26, 2020) A court decision in California, challenging a cancer warning on products containing the weed killer glyphosate, highlights the distinct  ways in which scientific findings are applied under regulatory standards, in toxic tort cases evaluated by juries, and by consumers in the marketplace. These differences came into focus as a U.S. court quashed California’s decision to require cancer warning labels on glyphosate products on June 22. The ruling, by Judge William Shubb of the U.S. District Court for the Eastern District of California, bars the state from requiring labeling that warns of potential carcinogenicity on such herbicides. The World Health Organization’s International Agency for Research on Cancer (IARC) in 2015 classified glyphosate as a probable human carcinogen. At this point, Monsanto began a worldwide campaign to challenge glyphosate’s cancer classification. The IARC finding spurred the California Office of Environmental Health Hazard Assessment, in the same year, to announce that glyphosate would be listed as a probable cancer-causing chemical under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). With that announcement came another: the state would mandate that cancer warning labels be applied to glyphosate-based products in the state when any of four […]

Share

10
Jun

Federal Court Halts Use of Drift-Prone Dicamba on Millions of Acres of GE Soy and Cotton

(Beyond Pesticides, June 9, 2020) Use of the weed killer dicamba on genetically engineered (GE) cotton and soybeans is now prohibited after a federal court ruling against the U.S. Environmental Protection Agency (EPA) last week. A coalition of conservation groups filed suit in 2018 after EPA renewed a conditional registration for dicamba’s ‘over the top’ (OTT) use on GE cotton and soy developed to tolerate repeated sprayings of the herbicide. “For the thousands of farmers whose fields were damaged or destroyed by dicamba drift despite our warnings, the National Family Farm Coalition is pleased with today’s ruling,” said National Family Farm Coalition president Jim Goodman in a press release. First registered in the late 1960s, dicamba has been linked to cancer, reproductive effects, neurotoxicity, birth defects, and kidney and liver damage. It is also toxic to birds, fish and other aquatic organisms, and known to leach into waterways after an application. It is a notoriously drift-prone herbicide. Studies and court filings show dicamba able to drift well over a mile off-site after an application. Bayer’s Monsanto thought they could solve this problem. The “Roundup Ready” GE agricultural model the company developed, with crops engineered to tolerate recurrent applications of their […]

Share