(Beyond Pesticides, August 29, 2014) Environmentalists issued a legal petition to the U.S. Fish and Wildlife Service on Tuesday calling for the protection of the monarch butterfly as a threatened species under the  Endangered Species Act (ESA). Monarch butterflies, a striking and familiar symbol of beauty and nature in the U.S., have had their population decline by a staggering 90 percent in the past two decades alone, most likely due to a significant loss of habitat of more than 165 million acres – an area about the size of Texas -as well as nearly a third of their summer breeding grounds. Part of the decline of monarch butterflies  stems from the loss of milkweed, a native plant where the butterflies lay their eggs and is their main food source. Although little use to farmers, milkweed is an important plant to butterflies, wasps, and bees. A recent study attributed the disappearance of milkweed plants primarily to the use of genetically-engineered (GE) corn and soybean crops. The widespread adoption of GE agriculture and the ever-growing use of herbicides are contributing extensively to the loss of milkweed areas. Scientists also point to the prolific use of herbicides in the Midwest eliminating these plants, […]

(Beyond Pesticides, August 27, 2014) Rulng that Hawaii state law preempts local authority to restrict pesticides,  a federal court judge this week struck down Kauai County’s Ordinance 960. The ordinance, which  received widespread support on the Island, was designed to protect local residents and Kauai’s environment from the year-round spraying of large quantities of restricted use pesticides by multinational chemical companies. U.S. Magistrate Judge Barry Kurren on Monday ruled that Kauai County Ordinance 960 is preempted by state law and therefore is unenforceable. Ordinance 960 provides residents of Kauai public access to information related to the application of pesticides used in experimental and commercial agricultural operations within the County of Kauai. It also affords County residents and the environment greater protection from, and information about, potential pesticide drift and the impact of experimental genetically engineered (GE) crops on Kauai. The Kauai County Council voted to enact Ordinance 960 in November 2013, overriding the Mayor’s veto. The ordinance was scheduled to go into effect Aug. 16, but had been postponed to Oct. 1 pending the court’s ruling. Local leaders crafted the ordinance in response to public outcry from residents, many of whom live, work, or have children that go to school […]

(Beyond Pesticides, August 26, 2014) Nearly a year after residents in Curry County Oregon were sprayed with herbicides, the pilot responsible for the incident had  his license suspended for a year and was fined $10,000 by the Oregon Department of Agriculture (ODA). The Pacific Air Research Company, which employed the pilot, was also fined $10,000 and had all its licenses revoked for a year for providing false information to the state. The initial incident happened in October 2013, when  residents complained of experiencing rashes, headaches, asthma, and stomach cramps right after the application. As reported in the The Oregonian, after the investigation, ODA was criticized by environmental groups and the general public for not doing a proper investigation. It took 6 months for any information to be disclosed even though the poisoned residents requested it. Pacific Air Research at the time of the incident stated that the only chemical being sprayed was glyphosate. Then, ODA conducted an investigation and concluded that the spray was not directly linked to the conditions displayed by residents. Unsatisfied with  the state’s findings, a local environmental group, Beyond Toxics, forced  ODA to produce all its records, which confirmed that 2, 4-D and triclopyr were the […]

(Beyond Pesticides, August 18, 2014) In a victory for environmental groups, conservationists, and fishing groups, the U.S. Environmental Protection Agency (EPA) finalized a settlement last Wednesday to restore no-spray buffer zones around waterways to protect imperiled salmon and steelhead from five toxic pesticides.   An initial agreement was reached in June, when it underwent public comment, and was ultimately filed August 13 without any substantive changes. The settlement follows litigation filed by Earthjustice, representing the Pacific Coast Federation of Fishermen’s Associations, the Northwest Coalition for Alternatives to Pesticides, and Defenders of Wildlife, back in 2010 that called for EPA adoption of reasonable fish protections from the insecticides. The buffers apply to salmon habitat throughout California, Oregon, and Washington to prohibit aerial spraying of broad-spectrum pesticides diazinon, chlorpyrifos, malathion, carbaryl, and methomyl within 300 feet of salmon habitat and prohibit ground-based applications within 60 feet. “Poisoning salmon rivers puts our people out of work while creating an unnecessary and expensive public health hazard,” said Glen Spain of the Pacific Coast Federation of Fishermen’s Associations, a West Coast commercial fishing industry trade association and co-plaintiff. “This agreement helps the coastal and inland communities that depend on salmon for their livelihoods and provides […]

(Beyond Pesticides, August 15, 2014) Residents of Southern Oregon are tired of being told that farming and forest industry rights to pollute and spray toxic chemicals trump their rights to live healthy lives, so they are taking the matter to court, except not in the way most would assume. Because unlike many instances where citizens could allege nuisance and trespass for toxic or smelly invasions onto private property and into their lives, Oregon residents and many others across the country are prohibited by law from filing such claims against agricultural industries. Known generally as Right-to-Farm Acts, Oregon’s Farm and Forest Practices Act prohibits local laws from making farming and forest practices a nuisance or trespass. The law also grants immunity from private actions, unless, of course, severe injury or death resulted. As one of the attorneys, Chris Winters of the Crag Law Center, representing the Oregon residents explained to reporters, “The law basically grants an immunity to people who spray pesticides from being held responsible.” In filing the lawsuit, plaintiffs hope that a court will change all of this and invalidate the Farm and Forest Practices Act as unconstitutional, because of the state’s constitutional guarantee of remedy for injury to […]

(Beyond Pesticides, August 4, 2014) The Clean Water Act (CWA) provides critical safeguards for our nation’s waterways, with the goal of fishable and swimmable waters for all residents of the United States. Last Thursday, the House of Representatives voted to strip away an important part of these protections concerning pesticides applied directly to U.S. waters. The Reducing Regulatory Burdens Act of 2013 (HR 935) would reverse a 2009 ruling in National Cotton Council v. EPA that requires CWA permits for pesticide users who spray over waterways. After failing in a vote under a suspension of the rules last Monday, the House took the bill back up and passed it 267-161. “This is a good bill that reduces burdensome regulations without rolling back any environmental safeguards,” said U.S. Representative Bob Gibbs (R-OH), the bill’s sponsor, to The Hill. Unfortunately, Rep. Gibb’s statement couldn’t be farther from the truth. Under the deceptive title of “Reducing Regulatory Burdens,” this bill would instead eliminate critical CWA protections. “This legislation will undermine one of our nation’s most successful environmental laws, the Clean Water Act, in limiting the potential contamination of our nation’s waters by pesticides. All this would do is make it harder to locate […]

(Beyond Pesticides, August 1, 2014) In a huge victory for environmental protection, the U.S. Fish and Wildlife Service (FWS) will phase out the use of genetically engineered (GE) crops to feed wildlife and ban neonicotinoid insecticides from all wildlife refuges nationwide by January 2016. The FWS decision, announced via internal memoranda July 17 and obtained by Center for Food Safety (CFS), follows a longstanding grassroots, legal, and policy campaign by CFS, Public Employees for Environmental Responsibility (PEER), and joined by Beyond Pesticides, to end the harmful practices. This announcement builds on the recently announced decision to eliminate neonicotinoid pesticides, linked to the decline of pollinator health, from refuges in the Pacific Region. FWS is the first federal agency to restrict the use of GE crops in farming in the U.S. and the use of neonicotinoids based on a precautionary policy. “We have demonstrated our ability to successfully accomplish refuge purposes over the past two years without using genetically modified crops, therefore, it is no longer possible to say that their use is essential to meet wildlife management objectives. We will no longer use genetically modified crops to meet wildlife management objectives System-wide,” wrote National Wildlife Refuge System Chief James Kurth […]

(Beyond Pesticides, July 25, 2014) A new U.S. Geological Survey (USGS) study published yesterday found neonicotinoid pesticides persistent and prevalent in streams throughout the Midwestern United States. The study is the first to investigate the presence of neonicotinoids on a wide-scale level in the Midwest. While neonicotinoid use has increased throughout the country, the Midwest in particular has seen a dramatic increase over the last decade. The use of clothianidin, one of the chemicals studied, on corn in Iowa alone has approximately doubled in just two years, from 2011 and 2013. Neonicotinoids are chemically similar to nicotine and are pesticides that are toxic to a broad range of insect pests. They are also known as systemic pesticides, which are pesticides that spread throughout the entire plant structure, making everything from roots to pollen toxic to organisms that come in contact with it. As a result, neonicotinoids have been linked to the global disappearance of honey bees and other nontarget organisms, such as earthworms, birds, and aquatic invertebrates. USGS scientist Kathryn Kuivila, Ph.D., stated, “Neonicotinoid insecticides are receiving increased attention by scientists as we explore the possible links between pesticides, nutrition, infectious disease, and other stress factors in the environment possibly […]

(Beyond Pesticides, July 24, 2014) Last week, the U.S. Environmental Protection Agency (EPA) denied an emergency application to use a hazardous pesticide, propazine, on 3 million acres of Texas cotton fields, after groups representing environmental, public health, and organic farm interests urged the agency to reject the request based on environmental effects and the predictable nature of the weed resistance to currently used chemicals. Despite determining “that an urgent and non-routine condition exists for Texas growers” when certain weed-densities are reached, EPA’s primary reasons for denying the application focused on health and environmental concerns of the pesticide. As EPA explained, “When conducting human health risk assessment for new use the Agency must first consider the risk profile for currently registered uses and determine if an additional use can be added to the cup.” This aggregate risk assessment is required under the Food Quality Protection Actand in the case of propazine, EPA found that “drinking water estimates suggest that risks from drinking water alone may lead to unacceptable risks . . . .” “While we disagree with the EPA that this meets any of the criteria for emergency exemption, we applaud the EPA for putting the health of people and the […]

(Beyond Pesticides, July 23, 2014) New Zealand’s Environmental Protection Authority is stepping up its requirements for a higher level of scientific evidence regarding the safety and effects of neonicotinoids -pesticides linked to bee decline- before considering them for approval. Just last month, the Authority declined an application of thiamethoxam, a neonicotinoid, for use as a seed treatment, citing risks to bees. The decision follows a recent worldwide integrated assessment of research into systemic pesticides that concludes that neonicotinoid insecticides pose a serious risk to birds, honey bees and other pollinators, and a wide range of invertebrates, including earthworms. The international analysis of 800 peer-reviewed scientific reports confirms concerns of beekeepers and environmental groups throughout the world that long-term exposure to systemic pesticides at low, sublethal levels could be harmful to bees and a factor in declining bee populations. While it is unclear what these new stringent requirements are, the Authority, which works with New Zealand’s Beekeepers Association on the issue, already confirmed specific restrictions to products containing neonicotinoids to minimize the risk to insect pollinators. These restrictions include the prohibition of the use of neonicotinoids in areas where bees are foraging, or on plants and trees while they are in […]

(Beyond Pesticides, July 17, 2014) The U.S. Fish and Wildlife Service (FWS) issued an internal memorandum last week that  signals a significant shift in its pesticide-application policies for Pacific Region wildlife refuges: no more neonicotinoids. The memorandum, dated July 9, 2014, states, “The Pacific Region will begin a phased approach to eliminate the use of neonicotinoid insecticides (by any method) to grow agricultural crops for wildlife on National Wildlife Refuge System lands, effectively immediately. By January 2016, Region 1 will no longer use neonicotinoid pesticides in any agricultural activity.” In February 2014, environmental groups, including Beyond Pesticides, filed a legal petition to ban the use of neonicotinoids on wildlife refuges. The new guidelines go on to explain that the change in policy will also affect the transition period through 2016. During that time, refuge managers must exhaust all remedies before application or use of neonicotinoids, including the use of neonicotinoid-treated seeds. Additionally, starting in 2015 all refuge managers must prepare and submit a Pesticide Use Proposal (PUP) in order to apply any neonicotinoids during the transition to the ban. While not a direct response to the petition filed earlier this year calling for a ban of genetically-engineered crops and neonicotinoids […]

State rubber stamps expanded usage before determining effects on crop pollinators (Beyond Pesticides, July 8, 2014) Today, environmental and food safety groups challenged California’s illegal practice of approving new agricultural uses for neonicotinoid pesticides despite mounting evidence that the pesticides are devastating honeybees. Pesticide Action Network, Center for Food Safety, and Beyond Pesticides, represented by Earthjustice, filed the legal challenge in the California Superior Court for the County of Alameda, urging the California Department of Pesticide Regulation (DPR) to stop approving neonicotinoid pesticides pending its completion of a comprehensive scientific review of impacts to honeybees.   DPR began its scientific review in early 2009 after it received evidence that neonicotinoids are killing bees, but five years later, DPR has yet to take meaningful action to protect bees. Meanwhile, DPR has continued to allow increased use of neonicotinoids in California.   Today’s lawsuit challenges DPR’s June 13, 2014 decision to expand the use of two powerful neonicotinoid insecticides — sold under the trademarks Venom Insecticide and Dinotefuran 20SG — despite the agency’s still-pending review of impacts to pollinators.   The case underscores these larger problems with the DPR’s unwillingness to comply with laws enacted to ensure that pesticides do not threaten […]

(Beyond Pesticides, July 1, 2014) Early last month, Maui County residents gathered enough signatures to require a county-wide vote on legislation that will put in place a moratorium on the planting of genetically engineered (GE) crops. This achievement represents the first ever citizen driven initiative in Maui County, which encompasses Maui, Molokai and Lanai islands. The petition drive was spearheaded by the SHAKA (Sustainable Hawaiian Agriculture for the Keiki and the Aina) Movement, a grassroots campaign that is “preserving paradise for future generation by reclaiming, restoring and revitalizing depleted soil, and growing healthy foods without a dependence on chemicals,” according to Mark Sheehan, a spokesman for the group. Maui’s citizen initiative is part of a growing movement on the Hawaiian Islands that seeks to protect health and the environment while strengthening local food economies and resiliency. Residents living on the Hawaiian Islands are subject to a particularly pronounced form of environmental assault, as the state’s premiere growing conditions have made it a prime target for agrichemical companies to test new, experimental forms of GE crops. Data released earlier this year reveals that high levels of restricted use pesticides, in some cases almost double the pounds per acre average of other […]

(Beyond Pesticides, June 26, 2014) Over half of the “bee-friendly” home garden plants sold at garden supply centers such as Home Depot, Lowe’s, and Walmart have been pre-treated with pesticides shown to harm and kill bees, according to a study released yesterday by Friends of the Earth, Beyond Pesticides and allies. The study, Gardeners Beware 2014, shows that 36 out of 71 (51 percent) of garden plant samples purchased at top garden retailers in 18 cities in the United States and Canada contain neonicotinoid (neonic) pesticides — a key contributor to recent bee declines. Some of the flowers contained neonic levels high enough to kill bees outright and concentrations in the flowers’ pollen and nectar are assumed to be comparable. Further, 40% of the positive samples contained two or more neonics. Gardeners Beware 2014 is a larger follow up to a first-of-its-kind pilot study co-released by Friends of the Earth, Beyond Pesticides, and other groups last August. The new study expanded the number of samples and number of locations where plants were purchased, and also assessed the distribution of neonic pesticides between flowers and the rest of the plant. “Our data indicate that many plants sold in nurseries and garden […]

(Beyond Pesticides, June 25, 2014) Following last week’s celebration of “National Pollinator Week” and a presidential memorandum mandating federal action on bees, the first wide-scale scientific analysis has been released that links  two classes of pesticides  to declining bee populations. Twenty-nine scientists representing many disciplines reviewed over 800 peer-reviewed publications  on the impacts of systemic pesticides, and are recommending  more restrictions on neonicotinoid pesticides. This report is the single most comprehensive study of  neonicotinoids ever  undertaken. The “Worldwide Integrated Assessment (WIA)” ”” undertaken by the Task Force on Systemic Pesticides ”” documents significant harms to bees and ecosystems. While some aspects of this report have been broadly acknowledged  before (e.g. risks to honey bees), some, including risks to earthworms, birds and aquatic invertebrates, have not. The analysis focuses not only on impacts to particular  organisms and habitats, but also on  biodiversity and ecosystem impacts, taking a holistic view of pesticide effects. The scientists are calling for new, dramatic restrictions on bee-harming pesticides in the United States and beyond. The report  finds that the current regulatory system has failed to consider the full  range of pesticide effects. “This report should be a final wake up call for American regulators who have […]

(Beyond Pesticides, June 23, 2014) During the close of National Pollinator Week, the White House issued a Presidential Memorandum on pollinator health to the heads of federal agencies requiring action to “reverse pollinator losses and help restore populations to healthy levels.” The President is directing agencies to establish a Pollinator Health Task Force, and to develop a National Pollinator Health Strategy, including a Pollinator Research Action Plan. Beyond Pesticides applauds this announcement and action that recognizes and elevates the plight of pollinators in the U.S. Download the Press Release. Friday, June 20, 2014, President Barack Obama signed a Presidential Memorandum that recognizes the severe losses in the populations of the nation’s pollinators, including honey bees, wild bees, monarch butterflies, and others. In accordance with these losses and acknowledging the importance pollinators have to the agricultural economy, the Memorandum directs federal agencies to establish a Pollinator Health Task Force, to be chaired by U.S. Department of Agriculture (USDA), develop a pollinator health strategy within 180 days, and support and create pollinator habitat. This federal strategy will include a pollinator research action plan, with a focus on preventing and recovering from pollinator losses, including studying how various stressors, like pesticides, pathogens, and […]

Groups Petition USDA to Restore Organic Board’s Independent Authorities Set by Congress (Beyond Pesticides, June 17, 2014) Today, 20 organic farm and consumer groups filed a petition with U.S. Secretary of Agriculture Tom Vilsack to protect the authority and permanence of the National Organic Standards Board (NOSB). The petitioners object to recent changes to the NOSB charter, renewed on May 8, 2014, that undermine the mandatory and continuing duties of the Board as established by Congress under the Organic Foods Production Act (OFPA) of 1990. The NOSB, intended to safeguard the integrity of the organic food label, was created by Congress with independent authorities that operate outside the discretion of the U.S. Department of Agriculture (USDA). Petitioners maintain that in renewing the charter under the Federal Advisory Committee Act (FACA), USDA mistakenly re-categorized the NOSB as a time-limited Advisory Board subject to USDA’s discretion and a narrowing of responsibilities. “These changes to the NOSB Charter are significant and directly controvert the specific mandates of OFPA and Congress that NOSB is a permanent, non-discretionary committee that must fulfill a long list of statutorily mandated duties integral to the organic program,” said Aimee Simpson policy director and staff attorney for Beyond Pesticides. […]

(Beyond Pesticides, June 11, 2014) Vermont is currently gearing up to defend against possible litigation its groundbreaking law to label genetically engineered (GE) food ingredients. The law, which is the first of its kind in the nation, was specially written so that it created  the Food Fight Fund that allows individuals to donate to defend the law if it were to be challenged in court. The Vermont law and polling data  show that consumers strongly want to know what is going into their food and are willing to stand up to industries that do not want consumers to have this right. As of the first week of June, the  Food Fight Fund raised just over $15,000, with over $$9,000 of it coming from outside the state. Most of the donations come in small amounts of less than $50, which is indicative of the grassroots structure of the GE labeling movement. The fund will be the initial money used by the Vermont attorney general’s office if the state’s GE labeling law is challenged in court. Currently, the $15,000 is not  enough funds to cover legal fees to  defend this law. Lawsuits brought against the state, according to testimony by Assistant Attorney […]

(Beyond Pesticides, June 6, 2014) On June 4,  after a two year dispute between the Environmental Protection Agency (EPA) and a coalition of conservation organizations and fishing groups, an agreement  was finally reached to set reasonable no-spray buffer zones to protect salmon from five harmful insecticides: diazinon, chlorpyrifos, malathion, carbaryl, and methomyl. These buffer zones protect salmon habitat by stopping aerial spraying of pesticides within 300 feet, and ground based spraying within 60 feet of salmon supporting waters. According to the agreement, it also provides detailed notifications to state regulators, pesticide applicators, farmers and the public about the mandatory no-spray buffer zones. These stipulations will remain in place until the National Marine Fisheries Service has completed their analysis of the impacts of those five pesticides.  Then, once the analysis is completed, EPA will execute permanent protections based on their findings. EPA is required by law under the Endangered Species Act to protect what little salmon are left on the Pacific Coast. Salmon are a  critical indicator of how well we are maintaining both marine and terrestrial ecosystems, because their habitats are in streams, lakes, rivers, estuaries and the ocean. The fish  are extremely sensitive to changes in water quality, and […]

(Beyond Pesticides, June 5, 2014) Environmental advocacy groups filed an Administration Objection and a court appeal last week in order to challenge the Environmental Protection Agency’s (EPA) refusal to quickly correct errors in pesticide registrations and immediately implement measures to protect children from exposure to dangerous pesticides that drift from fields during and after application. EPA’s continued refusal to protect children’s health from pesticide drift is being criticized by numerous environmental, health, and farmworker advocacy groups. The groups, which include  United Farmworkers, Pineros y Campesinos Unidos del Noroeste, Pesticide Action Network of North America, Sea Mar Community Health Centers, California Rural Legal Assistance Foundation, Physicians for Social Responsibility, and Farm Labor Organizing Committee, originally filed a petition back in 2009 titled “Pesticides in the Air””Kids at Risk: Petition to EPA to Protect Children from Pesticide Drift (2009).” The petition asked that the agency properly comply with an existing law that requires EPA to protect children’s health from exposure to pesticides that drift from fields and orchards. After a more than four-year wait and a court appeal, EPA finally provided a response last March. These groups object to EPA’s recent response to their 2009 petition on the basis of two issues, […]

(Beyond Pesticides, June 4, 2014)  A county in southern Ontario has become the first Canadian municipality, according to reports,  to temporarily ban a controversial class of insecticides linked to be bee deaths in Canada and around the world. Last week, officials in Prince Edward County passed a motion prohibiting the use of neonicotinoid pesticides on municipal lands, effective immediately. The rural county, nestled in the heart of Ontario’s agricultural heartland, also wants the federal and provincial government to “declare a moratorium surrounding the use of neonicotinoid crop treatments, as soon as possible, pending further study.” The motion requires letters to be sent to several federal and provincial ministers —including the Prime Minister Stephen Harper, Agriculture Minister Gerry Ritz, and Health Minister Rona Ambrose— outlining the county’s position. Mounting science has documented the neonicotinoid class of pesticides  as a major factor in bee decline. Neonicotinoids have been shown, even a low levels, to impair foraging, navigational and learning behavior in bees, as well as suppress their immune system to point of making them susceptible to pathogens and disease. Read: No Longer a Big Mystery. These chemicals are also systemic, meaning they contaminate the entire plant, including pollen and nectar, leading to […]

(Beyond Pesticides, May 29, 2014) The global fight to establish better protections from genetic contamination caused  by genetically engineered (GE) crops suffered a legal setback in Australia this week. A ruling of the Supreme Court of Western Australia  found that farmer Steve March could not seek compensation after losing his organic certification as a result of a neighbor’s GE crops contaminating his organic crops. Mr. Marsh filed the lawsuit against Michael Baxter, a neighboring GE canola seed farmer, alleging that  he had suffered economic damage because of his organic decertification. The decertification had been brought on by the confirmed presence of GE canola plants and seeds on his property and Australia’s zero-tolerance organic standard concerning GE contamination on organic lands. Mr. Baxter  began farming GE canola just a few years before and was the likely source of the contamination. Argued before the court earlier this year, the litigants as well as environmental and organic advocates across the globe had anxiously awaited the court’s decision. Supporters of the suit hoped it might advance much-needed protections against the economically devastating and oft uncontrolled invasion of GE crops on organic and non-GE lands. Opponents of the suit claim it would have burdened GE […]

(Beyond Pesticides, May 20, 2014) Pittsburgh sportscaster Rich Walsh is suing multinational chemical companies after his father’s untimely death from cancer in 2009. According to a story from local Pittsburgh station WTAE, Mr. Walsh’s father, Tom Walsh, was diagnosed with acute myeloid leukemia in 2008, after a career as a golf course superintendent. “He loved golf. He loved working outside. He loved to take care of golf courses,” Rich told WTAE. Rich’s lawsuit was filed against Monsanto, Bayer CropScience, BASF, Syngenta, Dow Agroscience, Deere and Company, and John Deere Landscapes in 2010. Genetic testing from Tom’s oncologist showed chromosomal alterations as a result of years of working with pesticides, the only chemicals Mr. Walsh ever worked with. Part of the log books he kept throughout his career included the pesticides he applied, which included the insecticides Dylox and Dursban, active ingredients trichlorfon and chlorpyrifos respectively, and the fungicides Daconil and Chipco, active ingredients chlorothalonil and iprodione. All of these chemicals have been shown to be likely carcinogens, according to Beyond Pesticides’ Pesticide Gateway or Pesticide Induced Diseases Database. Chlorpyrifos, for instance, was banned for homeowner use back in  2001, but uses on agriculture and golf courses were allowed to continue […]