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Daily News Blog

Archive for the 'Litigation' Category


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 […]

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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 […]

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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 […]

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04
Jun

The Pesticide Atrazine and 200 Other Toxic Chemicals Found in Fracking Wastewater; Contamination Goes Unregulated

  (Beyond Pesticides, June 4, 2020) A new, simultaneous chemical identification method has found the presence of the weed killer atrazine and 200+ other hazardous chemicals in hydraulic fracturing (fracking) wastewater or produced water, according to collaborative research published in the Journal of Separation Science by scientists at the University of Toledo (UToledo) and the University of Texas at Arlington. Although produced water is a waste product of fracking, the U.S. Environmental Protection Agency (EPA) allows many states to reuse produced water in agriculture and other industries or dispose of it into waterways. There is serious concern about the safety of produced water and it being a widespread source of pollution. Current disposal and purification practices do not guarantee environmental pollutant’s removal from produced water. This research, “Optimization of thin film solid phase microextraction and data deconvolution methods for accurate characterization of organic compounds in produced water,” highlights the need for comprehensive chemical composition assessment of produced water, whether for reuse or disposal. Currently, EPA waives requirements that chemical companies (e.g., Syngenta in the case of atrazine) monitor for the presence of pesticides in waterways, endangering public health of the environment. Because produced water, whether treated or not, is typically not void of toxic […]

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18
May

Beyond Pesticides Lawsuit Challenges Exxon for Deceptive Claims of Significant Investments in Solving the Climate Crisis, Cites Petrochemical Pesticides

(Beyond Pesticides, May 18, 2020) On May 15, 2020, Beyond Pesticides sued Exxon Mobil Corporation (Exxon) for “false and deceptive marketing,” misrepresenting to consumers that it “has invested significantly in the production and use of “clean” energy and environmentally beneficial technology.” The truth, according to the complaint (Beyond Pesticides v. Exxon Mobil Corporation) filed in DC Superior Court, is that the vast majority of Exxon’s business continues to be in the production and use of petroleum, natural gas, and petrochemicals, including pesticides. These activities are significant contributors to the climate crisis and the decline of pollinators and biodiversity, threatening the viability of biological systems that sustain life, according to Beyond Pesticides. “ExxonMobil’s advertising and marketing mislead the public by presenting ExxonMobil’s clean energy activities as a significant proportion of its overall business,” according the lawsuit. In an age where consumers are looking to support responsible companies that are supporting and transitioning away from fossil fuel-based energy and chemical products, “ExxonMobil is able to capture the growing market of consumers,” according to the complaint. Surveys have found that consumers are more likely to buy products and services based on corporate image. For example, a 2015 Nielsen survey finds that the majority […]

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07
May

Court Requires EPA to Respond to Petition to Ban Toxic Pesticide in Pet Products

(Beyond Pesticides, May 7, 2020) On April 22, 2020, the Ninth Circuit U.S. Court of Appeals granted the U.S. Environmental Protection Agency (EPA) 90 days to respond to Natural Resources Defense Council’s (NRDC) petition requesting cancellation of tetrachlorvinphos (TCVP), a toxic organophosphate pesticide in pet products. The order followed the Ninth Circuit’s decision to grant NRDC’s petition for a writ of mandamus (a court’s order requiring a lower court or public authority to perform its statutory duty) as EPA withheld action to fulfill NRDC’s judicial review of TCVP, for over a decade. A favorable ruling on NRDC’s mandamus petition can influence other petitioners that hope to coerce agency action, especially when public health is at risk. The court states, “Repeatedly, the EPA has kicked the can down the road and betrayed its prior assurances of timely action, even as it has acknowledged that the pesticide poses widespread, serious risks to the neurodevelopmental health of children.” NRDC petitioned EPA to cancel TCVP pesticide registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in April 2009, after studies indicated humans absorb TCVP through contact with pesticide-treated pet products. EPA failed to respond to the initial petition after five years, and NRDC filed a 2014 mandamus requiring […]

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23
Mar

Farmworkers and Conservationists Sue EPA for Re-Approving Monsanto/Bayer’s Cancer-Causing Pesticide, Glyphosate/Roundup

(Beyond Pesticides, March 23, 2020) Ignoring science to side with Monsanto/Bayer, EPA has repeatedly failed to assess glyphosate’s impacts on public health and endangered species. Last week, a broad coalition of farmworkers, farmers, and conservationists, filed a federal lawsuit against the Environmental Protection Agency (EPA) over its January 2020 re-approval of the pesticide glyphosate, best known as the active ingredient in Monsanto’s Roundup pesticides. With Center for Food Safety (CFS) serving as legal counsel, the suing organizations are  Beyond Pesticides, the Rural Coalition, OrganizaciĂłn en California de Lideres Campesinas, and the Farmworker Association of Florida. While EPA defends glyphosate, juries in several cases have found it to cause cancer, ruling in favor of those impacted by exposure. Glyphosate formulations like Roundup are also well-established as having numerous damaging environmental impacts. After a registration review process spanning over a decade, EPA allowed the continued marketing of the pesticide despite the agency’s failure to fully assess glyphosate’s hormone-disrupting potential or its effects on threatened and endangered species. The review began in 2009, has already taken 11 years, without a full assessment of the widespread harmful impacts on people and the environment in that time period. “EPA’s half-completed, biased, and unlawful approval sacrifices the […]

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20
Feb

Bader Farms Wins $265 Million in Lawsuit Against Bayer’s Monsanto, BASF

(Beyond Pesticides, February 20, 2020) Missouri’s largest peach farm, Bader Farms, is set to receive $265 million in compensation from two multinational agrichemical companies after the companies’ dicamba-based weed killers caused widespread damage to the farm’s fruit trees. Bayer’s Monsanto and BASF were found to be responsible for negligence in the design of their dicamba herbicides, and failure to warn farmers about the dangers of their products. The jury determined that the joint venture between the two companies amounted to a conspiracy to create an “ecological disaster” in the name of profit. In 2015, the U.S. Department of Agriculture (USDA) approved Bayer Monsanto’s release of a new line of genetically engineered (GE) seeds designed to tolerate repeated spraying of dicamba. With glyphosate resistant ‘super-weeds’ widespread and threatening GE farmer’s yields, the company aimed to redeploy dicamba, one of the oldest herbicides in the market, on cotton and soybeans throughout the U.S. Knowing the propensity of dicamba to drift for miles off site, Bayer’s Monsanto promised a new product line with much lower volatility.  But as the company was waiting on approval for this product by the Environmental Protection Agency (EPA), it nonetheless began selling its dicamba-tolerant seeds. This led to […]

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14
Feb

“Hey Farmer Farmer, Put Away that” Dicamba Weed Killer

(Beyond Pesticides, February 14, 2020) The weed killer dicamba has been blamed for killing or damaging millions of acres of non–genetically modified crops and other plants that have no protection against the compound. Litigation, legislation, and manufacturer machination abound as dicamba damage mounts. The trial in a suit filed in 2016 by a Missouri peach farmer against dicamba manufacturers Bayer and BASF has just begun; an Indiana state laboratory struggles to keep up with demand to evaluate dicamba damage; Idaho lawmakers are poised to weaken rules that protect farmworkers who apply dicamba (and other pesticides) aerially; agricultural officials in Missouri are pressuring the state legislature to increase funding to handle the exploding numbers of dicamba complaints; and Indiana’s legislature is considering two bills aimed at curtailing dicamba drift that kills neighboring crops. This Daily News Blog will round up the plethora of recent news on dicamba — the toxic and destructive culprit behind each of these stories. In the face of the U.S. Environmental Protection Agency’s (EPA) failure to mitigate dicamba hazards, states have been scrambling to enact limits on when and how dicamba can be used, amend buffer zones around application sites, and in some cases, ban its use outright. […]

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06
Feb

Farmer Takes Bayer/Monsanto to Court for Crop Damage Caused by the Herbicide Dicamba

(Beyond Pesticides, February 6, 2020) Bill Bader, a Missouri peach farmer, is taking on agrichemical giants for damages to his crops, allegedly caused by the volatile herbicide dicamba drifting from neighboring properties. Mr. Bader says that not only did he lose over 30,000 trees, his remaining peaches are now smaller and his trees are less productive. According to Bader, the damage has cost him $20.9 million for which he seeks restitution. The case is claiming that Monsanto, now owned by Bayer, and German partner company BASF knew that the sale of their products would result in crop damage due to drift, but sold dicamba-resistant cotton and soybean seeds anyway. The companies deny the claims. Dicamba is a benzoic acid herbicide that exerts an auxin-like growth regulatory effect when absorbed by plant tissue, ultimately causing the plant to outgrow its nutrient supply and die. Originally developed in the 1950’s, dicamba has become more popular as crops become resistant to glyphosate. It is extremely volatile and prone to drift. Soybeans are particularly sensitive to dicamba, and drift damage can pit neighbor against neighbor in rural communities. Risk of crop damage alone can drive farmers to buy dicamba-resistant soybean seeds. In addition to […]

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15
May

Jury Awards $2 Billion for Damages in Third Federal Roundup Cancer Case

(Beyond Pesticides, May 15, 2019) On Monday, a California jury awarded plaintiffs in the third federal Roundup case over $2 billion in punitive and compensatory damages. The jury found that Monsanto “engaged in conduct with malice, oppression or fraud committed by one or more officers, directors or managing agents of Monsanto.” Plaintiffs Alva and Alberta Pilliod, a married couple in their seventies, used Roundup weed killer since the 1970s to maintain their yard and other owned properties. The couple did not wear protective gear when using Roundup because Monsanto marketed the product as “safe.” Alva was diagnosed with non-Hodgkin’s lymphoma (NHL) in 2011; Alberta’s diagnosis followed in 2015. The Pilliod v. Monsanto jury came to their decision based on evidence, not only of the herbicide’s carcinogenicity, but also of Monsanto’s role in suppressing and discredit.ing independent findings regarding Roundup toxicity. In an interview with U.S. Right to Know’s Carey Gillam, co-lead trial counsel Michael Miller said, “Unlike the first two Monsanto trials, where the judges severely limited the amount of plaintiffs’ evidence, we were finally allowed to show a jury the mountain of evidence showing Monsanto’s manipulation of science, the media and regulatory agencies to forward their own agenda despite […]

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04
Jan

Settlement Bans Some Bee-Toxic Pesticides, Requires Public Comment Period on Testing All Pesticide Product Ingredients and Regulating Pesticide-Treated Seeds

(Beyond Pesticides, January 4, 2019) First, the good news: plaintiffs in a 2013 lawsuit against the Environmental Protection Agency (EPA) can allow themselves a small victory dance. In that suit, plaintiffs made a number of claims related to EPA’s failure to protect pollinators from dangerous pesticides, its poor oversight of the bee-killing pesticides clothianidin and thiamethoxam, and its practice of “conditional registration,” as well as labeling deficiencies. The parties in the suit negotiated a settlement, as directed by a federal judge (see below), that was signed in October 2018 and portends some positive movement in curtailing the use of some toxic pesticides [12 products, each of which contains chlothianidin or thiamathoxam as an active ingredient] that harm pollinators in particular, as well as other organisms and the environment. It also establishes a public process for EPA to consider requiring whole formulations of pesticide products during registration, and redefining EPA’s interpretation of law that allows seeds treated with bee-toxic pesticides to escape regulation as a pesticide. The suit was brought by a number of individual beekeepers and several organizations, including Beyond Pesticides, Center for Food Safety (CFS), Sierra Club, and Center for Environmental Health, and named as defendants Steven Bradbury, then-director of the […]

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26
Sep

Nonprofits Sue Pret A Manger for Deceptive Marketing of Foods as ‘Natural’

(Beyond Pesticides, September 26, 2018) Beyond Pesticides, GMO Free USA, and Organic Consumers Association filed a lawsuit against Pret A Manger restaurant chain for the deceptive marketing and sale of certain bread and other baked goods as “natural food,” after the products tested positive for glyphosate, a component of Roundup weedkiller. The lawsuit charges that Pret exploits consumers’ preferences and willingness to pay more for products marketed as ‘natural.’ “Consumers expect Pret’s food to be free of synthetic pesticides, including glyphosate. Glyphosate, patented as a chelator and an antibiotic, is linked to adverse health effects including cancer, infertility and non-alcoholic fatty liver and kidney diseases. Glyphosate shouldn’t be present in the food system at all, but a company that willfully misrepresents its products needs to be held accountable,” said Diana Reeves, executive director of GMO Free USA. Jay Feldman, executive director of Beyond Pesticides said: “Consumers want truthful information on product ingredients, with labeling and advertising that is transparent about production practices and residues of toxic materials. Given the widespread use of pesticide-intensive practices, this lawsuit establishes the responsibility of purveyors of food products to know the origins of their product ingredients before making a ‘natural’ claim.” Ronnie Cummins, Organic Consumers […]

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21
Sep

Bayer’s Monsanto Asks Judge to Reverse $289 Million Glyphosate Decision

(Beyond Pesticides, September 21, 2018) Monsanto, now an integrated unit of Bayer AG, is asking Superior Court Judge Suzanne Bolanos to reverse the verdict, reduce the award, or grant a new trial for the company after a jury determined that a California groundskeeper contracted non-Hodgkin’s lymphoma from spraying glyphosate for years. Dewayne Johnson, who maintained the grounds of a California Bay-area school district, was awarded $289 million by a jury, which found that Monsanto acted with “malice or oppression.” Mr. Johnson’s case was the first of its kind to go to trial – fast tracked based on the severity of his illness – but over 8,000 similar lawsuits are pending in U.S. courts. Bayer’s Monsanto claims that the verdict does not reflect the scientific data. “While we are sympathetic to Mr. Johnson and his family, glyphosate is not responsible for his illness, and the verdict in this case should be reversed or set aside,” Bayer said in a September 18 statement. While Bayer contends that glyphosate does not result in individual applicators contracting cancer, this view is at odds with a 2015 designation from the International Agency for Research on Cancer (IARC), which determined the chemical is a probable carcinogen, […]

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16
Aug

Independent Science Plus Industry Corruption Convince Jury that Monsanto’s Glyphosate/Roundup Causes Cancer; Take Action in Your Community

(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 […]

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15
Aug

Australia, Germany Urged to Restrict Glyphosate after U.S. Court Ruling

(Beyond Pesticides, August 15, 2018) The recent court ruling awarding $289 million in compensatory and punitive damages to a groundskeeper after he contracted cancer while working with Monsanto’s Roundup (glyphosate) is having a ripple effect around the globe. In light of the decision, the environmental group Greenpeace is calling on the Australian government to suspend the sale of Roundup. Meanwhile, German lawmakers are eager to see glyphosate banned. A California jury found Monsanto liable in a lawsuit filed by a man who worked as as groundskeeper and used the company’s glyphosate-based herbicide, which he proved caused his cancer. The jury found that Monsanto “knew for decades” the product was potentially dangerous and acted “with malice or oppression” by failing to warn Johnson of the risks. Now Greenpeace is calling on the Australian government to take “urgent action” to suspend the sale of the weedkiller. “We need to be urgently exercising the precautionary principle,” said Jamie Hanson, Greenpeace’s head of campaigns. “Use of this dangerous product should be severely restricted. In Australia, the U.S. court decision sent shares of Australian pesticide-maker, Nufarm Ltd, tumbling almost 17 percent to a more than two-year low. Analysts estimate Nufarm earns about a fifth of its […]

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12
Aug

Groundskeeper Who Used Monsanto’s Herbicide Roundup and Contracted the Cancer non-Hodgkin lymphoma (NHL) Wins $289 Million Jury Verdict

(Beyond Pesticides, August 12, 2018) In a stunning legal victory for a man who contracted non-Hodgkin lymphoma (NHL) after using the herbicide glyphosate (Roundup), groundskeeper Dewayne Johnson won a $289 million jury verdict against the chemical’s manufacturer, Monsanto. The jury on August 10, 2018 awarded the 46-year old Mr. Johnson $39 million in compensatory damages, and $250 million in punitive damages. The jury found that Monsanto acted with “malice or oppression.” “We applaud and thank Mr. Johnson, and his family and attorneys, for persevering in this litigation, which sets a critically important standard for protecting people’s right not be poisoned by pesticides in the marketplace,” said Jay Feldman, executive director of Beyond Pesticides. Mr. Feldman continued: “While we know that the jury verdict cannot restore Mr. Johnson’s health, we believe that the verdict is a clarion call to manufacturers that ignore the devastating impact that their products can have on unsuspecting workers, consumers, and families. We look forward to the day in the not-too-distant future when we recognize as a society that products like glyphosate (Roundup) are not necessary, and effective and affordable land and building management can be achieved without toxic chemicals. The case should also signal to all […]

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10
Aug

U.S. Court Tells EPA to Ban Chlorpyrifos

(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 […]

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17
Jul

Final Arguments Made in Court to Ban Chlorpyrifos

(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 […]

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30
May

Lawsuit Seeks to Restore Protections for Migratory Birds

(Beyond Pesticides, May 30, 2018) Six environmental groups have sued the Trump Administration for reversing a long standing interpretation of the Migratory Bird Treat Act (MBTA) that provides migratory bird protections from incidental killing or “taking” caused by industrial activities. The lawsuit, National Audubon Society v. Department of the Interior, was filed May 24, 2018 in the Southern District of New York, challenging as “unlawful and arbitrary and capricious the December 22, 2017 Solicitor’s Memorandum M-37050, which was issued by the office of the Solicitor of the Department of the Interior (“DOI”) and reverses Defendants DOI’s and the U.S. Fish and Wildlife Service’s (“FWS” or “Service”) longstanding interpretation and implementation of the Migratory Bird Treaty Act of 1918.” The Act’s prohibition on the killing or “taking” of migratory birds has long been understood to extend to incidental take from industrial activities — meaning unintentional but predictable and avoidable killing. Last year, the Trump Administration issued a Memorandum gutting federal protections for migratory birds under the Migratory Bird Treaty Act (MBTA). The plaintiffs, including American Bird Conservancy, Center for Biological Diversity, Defenders of Wildlife, National Audubon Society, National Wildlife Federation, and the Natural Resources Defense Council, are seeking to protect waterfowl, […]

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25
Apr

Canadian Beekeeper’s Class Action Neonicotinoid Lawsuit Moves Ahead

(Beyond Pesticides, April 25, 2018)  A class-action lawsuit against two manufacturers of neonicotinoid insecticides is moving ahead in Quebec, Canada after an appeal to block the case by the Canadian government and the chemical companies, Bayer and Syngenta, was dismissed. In February 2018, the case, brought by a beekeeper, was allowed to proceed to trial by the Quebec Superior Court. Quebec queen bee breeder, Steve Martineau, conducted tests on water and his dead and dying bees and found traces of neonicotinoids. His suit alleges that Bayer and Syngenta were negligent in the manufacture and sale of neonicotinoids in Quebec, and are responsible for damages that he and other class members suffered under Article 1457 of the Quebec Civil Code. Bayer and Syngenta challenged the application on a number of grounds including the assumption that they had manufactured the neonicotinoids which killed Martineau’s bees. The class in this case was authorized for all persons in Quebec who own or owned bees in the affected area since 2006. Mr. Martineau estimates he has lost about $20,000 a year to present due to the effects of neonicotinoids on his bee population (Martineau v. Bayer CropScience Inc. CALN/2018-007) “We’re suing on behalf of Quebec beekeepers whose bees were […]

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24
Apr

Court Affirms Listing Glyphosate as Probable Carcinogen

(Beyond Pesticides, April, 24, 2018) On April 19, 2018, an Appellate Court in California sided with the State of California, affirming that Monsanto’s glyphosate can be listed as a probable carcinogen under the state’s Proposition 65 and rejecting Monsanto’s challenge to law. The state will not only move ahead with warning labels on products that contain glyphosate but also prohibit discharge of the pesticide into public waterways. Monsanto’s lawsuit challenged the 2015 decision by California’s Office of Environmental Health Hazard Assessment (OEHHA) to list glyphosate, the active ingredient in Monsanto’s herbicide, Roundup, under California’s Proposition 65. Proposition 65 requires notification and labeling of all chemicals known to cause cancer, birth defects or other reproductive harm, and prohibits their discharge into drinking waters of the state. In 2015, the International Agency for Research on Cancer (IARC) of the World Health Organization (WHO) concluded that glyphosate is “probably carcinogenic.”  Under the Labor Code listing mechanism of Proposition 65, substances identified by IARC must be listed in the state of California as known to cause cancer. This listing requires warning labels on products and the listed substances are subject to limits on discharges into surface waters. California added glyphosate to the list of cancer-causing chemicals in July […]

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27
Mar

Judge Rules EPA Violated Pesticide Rules in Delaying Protections for Farmworker Children

(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 […]

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