Archive for the 'Litigation' Category
31
Mar
(Beyond Pesticides, March 31, 2011) In an effort to protect them from patent infringement in the event of drift contamination by Monsanto’s genetically engineered (GE) seed, 60 family farmers, seed businesses and organic agricultural organizations preemptively filed suit against the agribusiness giant. The case, Organic Seed Growers and Trade Association, et al. v. Monsanto, was filed in federal district court in Manhattan on behalf of Public Patent Foundation (PUBPAT) on Tuesday, March 29, 2011. Plaintiffs in the suit represent a broad array of family farmers, small businesses and organizations from within the organic agriculture community who are increasingly threatened by genetically modified seed contamination despite using their best efforts to avoid it. The plaintiff organizations have over 270,000 members, including thousands of certified organic family farmers. This year has seen a series of decisions by USDA to allow the unrestricted cultivation of genetically engineered crops. In January, USDA announced plans to fully deregulate GE alfalfa seed, despite contamination risks it poses to both organic and conventional farmers. Then, in February, a federal appeals court decided to reverse a federal order to destroy GE sugar beet seedlings. Most GE crops are engineered to be immune to the herbicide glyphosate, which Monsanto […]
Posted in Genetic Engineering, Litigation | No Comments »
22
Mar
(Beyond Pesticides, March 22, 2011) Last Friday, attorneys for the Center for Food Safety (CFS), Beyond Pesticides, Earthjustice, and farm and environmental groups filed a lawsuit against the U.S. Department of Agriculture (USDA), arguing that the agency’s recent unrestricted approval of genetically engineered (GE), “Roundup Ready” alfalfa is unlawful. In January, USDA announced plans to fully deregulate GE alfalfa seed, despite contamination risks it poses to both organic and conventional farmers. With the full deregulation of GE alfalfa underway, USDA estimates that up to 23 million more pounds of toxic herbicides will be released into the environment each year. This year has seen a series of decisions by USDA to allow the unrestricted cultivation of genetically engineered crops, and just last month a federal appeals court decided to reverse a federal order to destroy GE sugar beet seedlings. Most GE crops are engineered to be immune to the herbicide glyphosate, which Monsanto markets as Roundup. Currently, USDA data show that 93% of all the alfalfa planted by farmers in the U.S. is grown without the use of any herbicides. The decision to fully deregulate GE alfalfa fails to take several scientifically-validated environmental concerns, such as the indiscriminate nature of GE […]
Posted in Genetic Engineering, Litigation | No Comments »
11
Feb
(Beyond Pesticides, February 11, 2011) In response to a lawsuit that residents in the town of Institute, WV filed against the chemical manufacturer Bayer CropScience, Chief U.S. District Judge Joseph R. Goodwin ordered the company to stop production of the highly toxic chemical methyl isocyanate (MIC) -responsible for killing tens of thousands and chronically injuring over 100,000 people when a Bhopal, India plant leaked the chemical in 1984. Specifically, the judge issued a 14-day restraining order, explaining that the residents who are suing the company are likely to win the case and would be “likely to suffer irreparable harm” without relief from the court. Judge Goodwin also cited Bayer’s history of safety violations and misrepresentations to the public about prior incidents at the plant. The announcement was made February 10, 2010; the judges order can be read here. Area residents filed suit on Tuesday, February 8, seeking to prevent the company from producing any MIC until the manufacturing plant is inspected for safety and environmental compliance by the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA). MIC is an intermediate chemical used in the production of aldicarb and other carbamate pesticides. These pesticides have been […]
Posted in Aldicarb, Bayer, Litigation, West Virginia | 1 Comment »
09
Feb
(Beyond Pesticides, February 9, 2011) Last Friday the U.S. Department of Agriculture (USDA) announced plans to allow the U.S. sugar beet industry to continue growing Monsanto’s “Roundup Ready,” genetically engineered (GE) sugar beets, despite the incompletion of an environmental impact statement (EIS). This comes one week after USDA decided to fully deregulate GE alfalfa seed, despite the risks it poses to both organic and conventional farmers. On Monday, Center for Food Safety, Beyond Pesticides, Sierra Club and Cornucopia Institute formally filed a 60-day notice of intent to sue the agency concerning its decision to allow unrestricted deregulation of GE alfalfa. The 60-day notice of intent to sue, filed February 7, 2011, officially notifies USDA’s Animal and Plant Health Inspection Service (APHIS) of the groups’ intent to sue pursuant to the citizen suit provision of the Endangered Species Act (ESA), citing APHIS’ violation of Section 7 of the ESA in failing to ensure that the deregulation of GE alfalfa is not likely to jeopardize threatened or endangered species and their habitat. According to Section 7, APHIS must consult with the U.S. Fish and Wildlife Service (FWS) to ensure that agency actions do not impact threatened or endangered species. The notice charges […]
Posted in Genetic Engineering, Litigation, Pesticide Regulation | 1 Comment »
24
Jan
(Beyond Pesticides, January 24, 2011) Citing the U.S. Environmental Protections Agency’s failure to protect over 200 endangered species from pesticides under the Endangered Species Act (ESA), two national environmental groups filed on January 20, 2011 a lawsuit to force agency implementation of the act. In what is penned by the groups, the Center for Biological Diversity and Pesticide Action Network North America (PANNA), as the most comprehensive legal action ever brought under ESA, the lawsuit specifically challenges EPA’s failure to consult with the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service on the impacts of hundreds of EPA-registered pesticides that are known to be harmful to endangered and threatened species. “For decades, the EPA has turned a blind eye to the disastrous effects pesticides can have on some of America’s rarest species,” said Jeff Miller, a conservation advocate with the Center. “This lawsuit is intended to force the EPA to follow the law and ensure that harmful chemicals are not sprayed in endangered species habitats.” According to EPA, the Endangered Species Act requires federal agencies, in consultation with FWS and/or the NOAA Fisheries Service, “to ensure that actions they authorize, fund, or carry out are not likely […]
Posted in Litigation, Wildlife/Endangered Sp. | No Comments »
12
Jan
(Beyond Pesticides, January 12, 2011) A Santa Cruz, California, organic herb grower has the right to sue neighboring farm for ‘pesticide drift’. This according to a California’s 6th District Court of Appeal in San Jose which upheld Jacobs Farm/Del Cabo’s right to sue the pesticide applicator, Western Farm Service, and let stand the $1 million damage award a jury handed Jacobs Farm two years ago. The ruling makes it clear that pesticide users can be held liable for pesticide drift. The decision is significant, agriculture and law experts say, because it strengthens the case for organic farmers or anyone else harmed by pesticides to seek legal recourse – even if the pesticide is legally applied. The county’s deputy agricultural commissioner, Lisa LeCoump, said the court decision against Western Farm Services changes the ground rules, making it clear that a sprayer can now be held liable even if no law is broken. While California state law restricts pesticides from being sprayed on neighboring properties, the law doesn’t deal specifically with pesticides that disperse into the air after application and end up someplace else. Attorneys for Western Farm Service argued that since the company had not run afoul of state law, Jacobs […]
Posted in California, Chlorpyrifos, Diazinon, Dimethoate, Litigation, Pesticide Drift | 1 Comment »
06
Jan
(Beyond Pesticides, January 6, 2011) On Monday, a coalition of farmworkers, community activists and environmental health organizations announced a lawsuit challenging the approval of the toxic fumigant methyl iodide for use on California’s strawberry fields, urging the new Governor Jerry Brown to reverse the decision. The groups also submitted comments from over 52,000 members of the public urging Gov. Brown to act quickly to prevent the use of methyl iodide in California’s fields. The lawsuit was filed late last week by Earthjustice and California Rural Legal Assistance, Inc. on behalf of Pesticide Action Network North America, United Farm Workers of America, Californians for Pesticide Reform, Pesticide Watch Education Fund, Worksafe, Communities and Children Advocates Against Pesticide Poisoning and farmworkers Jose Hidalgo Ramon and Zeferino Estrada. The suit challenges the state Department of Pesticide Regulation’s (DPR) December 20 approval of methyl iodide for use in California on the grounds that it violates the California Environmental Quality Act, the California Birth Defects Prevention Act, and the Pesticide Contamination Prevention Act that protects groundwater against pesticide pollution. In addition, the suit contends that DPR violated the law requiring involvement of the Office of Environmental Health Hazard Assessment (OEHHA) in the development of farmworker […]
Posted in Arysta LifeScience Corporation, California, Farmworkers, Litigation, methyl iodide | No Comments »
16
Dec
(Beyond Pesticides, December 16, 2010)The Center for Biological Diversity notified the U.S. Fish and Wildlife Service (USFWS) and U.S. Environmental Protection Agency (EPA) December 15 of its intent to sue the agencies for failing to study and act on threats posed by more than 60 pesticides to the threatened California red-legged frog. A 2006 legal settlement secured by the Center required the EPA to assess the impacts of pesticides on the frog, then consult with the U.S. Fish and Wildlife Service (USFWS) under the Endangered Species Act to address those impacts, by 2009. The completed assessments were submitted to the Wildlife Service between March 2007 and October 2009. Although EPA determined that 64 registered pesticides are likely to harm the frogs, the Service has not completed any consultations or adopted protective measures. “The EPA acknowledges that scores of pesticides may be dangerous to California’s rare red-legged frogs, but nothing’s been done about it,” said Jeff Miller, a conservation advocate with the Center. “This three-year delay violates the Endangered Species Act and jeopardizes the future of the largest native frog in California.” Historically abundant throughout California, red-legged frogs have declined in numbers over 90 percent and have disappeared from 70 percent […]
Posted in California, Litigation, Nevada, Water, Wildlife/Endangered Sp. | No Comments »
07
Dec
(Beyond Pesticides, December 7, 2010) Last week, Federal District Judge Jeffrey S. White issued a preliminary injunction ordering the immediate destruction of hundreds of acres of genetically engineered (GE) sugar beet seedlings planted in September after finding the seedlings had been planted in violation of federal law. The ruling comes in a lawsuit filed by Earthjustice and CFS on behalf of a coalition of farmers and conservation groups. The lawsuit was filed on September 9, shortly after the U.S. Department of Agriculture (USDA) revealed it had allowed the seedlings to be planted. The court outlined the many ways in which GE sugar beets could harm the environment and consumers, noting that containment efforts were insufficient and past contamination incidents were “too numerous” to allow the illegal crop to remain in the ground. In his court order, Judge White noted, “Farmers and consumers would likely suffer harm from cross-contamination” between GE sugar beets and non-GE crops. He continued, “The legality of Defendants’ conduct does not even appear to be a close question,” noting that the government and Monsanto had tried to circumvent his prior ruling which made GE sugar beets illegal. Paul Achitoff of Earthjustice, lead counsel for the plaintiffs, said, […]
Posted in Genetic Engineering, Glyphosate, Litigation, Monsanto | No Comments »
02
Dec
(Beyond Pesticides, December 2, 2010) The U.S. Environmental Protection Agency (EPA) just announced that it is seeking public comment until December 15 on a draft stipulation in U.S. District Court for the Southern District of New York that will suspend further litigation with the Natural Resources Defense Council (NRDC) and Pesticide Action Network North America (PANNA) on the claim that EPA has unreasonably delayed its response to their 2007 petition to cancel all uses and revoke all tolerances for the pesticide chlorpyrifos. Under the draft Stipulation and Order, the case will be suspended, provided (1) EPA issues a preliminary human health risk assessment for chlorpyrifos by June 1, 2011, and requests comment on that assessment; and (2) EPA sends NRDC and PANNA a written response to their petition by November 23, 2011. If the lawsuit is not reactivated by January 23, 2012, it will be dismissed. In September 2007, the Natural Resources Defense Council (NRDC) and Pesticide Action Network North America (PANNA) filed a petition with EPA asking the agency to ban chlorpyrifos. In the nearly three years since, the agency has not responded. This spurred the groups to file a lawsuit in federal court to force EPA to decide […]
Posted in Chlorpyrifos, Litigation | No Comments »
01
Dec
(Beyond Pesticides, December 1, 2010) Several fishing and environmental conservation groups are suing the U.S. Environmental Protection Agency (EPA) for failing to limit the use of six agricultural pesticides to protect salmon. Restrictions on the use of six pesticides in Oregon, Washington and California shown to harm endangered salmon and steelhead, were ordered after a court found that EPA violated the Endangered Species Act (ESA) by failing to restrict the pesticides from entering salmon habitat. However EPA has failed to act to restrict the pesticides. The lawsuit, filed in U.S. District Court in Washington is the fourth lawsuit the plainstiffs -Northwest Coalition for Alternatives to Pesticides, Pacific Coast Federation of Fishermen’s Associations; Institute for Fisheries Resources and Defenders of Wildlife- brought against the EPA to restrict the pesticides diazinon, malathion, chlorpyrifos, carbaryl, carbofuran and methomyl in streams of endangered salmon and steelhead. The plaintiffs seek a judgment declaring that EPA’s failure to implement the organophosphate (OP) and carbamate biological opinions issued by the National Marine Fisheries Service (NMFS) violates the ESA, and a judgment declaring that EPA is taking listed salmonids in violation of the ESA. The lawsuit seeks an order vacating and enjoining EPA’s authorization of the uses of […]
Posted in California, Carbaryl, Carbofuran, Chlorpyrifos, Diazinon, Litigation, Malathion, Methomyl, Oregon, Washington, Water, Wildlife/Endangered Sp. | No Comments »
21
Oct
(Beyond Pesticides, October 21, 2010) Last week, the U.S. Environmental Protection Agency (EPA) announced that it has forwarded to the Secretary of Agriculture a draft proposed rule to amend EPA’s protocol for the testing of pesticides on humans. This draft proposed rule is a result of a settlement agreement reached on June 2010 in a lawsuit over its 2006 final rule. The 2006 final rule lifted a ban on human testing put in place by Congress. It allows experiments in which people are intentionally dosed with pesticides to assess the chemicals’ toxicity and allows EPA to use such experiment to set allowable exposure standards. In such experiments, people have been paid to eat or drink pesticides, to enter pesticide vapor “chambers,” and to have pesticides sprayed into their eyes or rubbed onto their skin. The pesticide industry has used such experiments to argue for weaker regulation of harmful chemicals. The coalition that challenged the regulation argued in the U.S. Court of Appeals for the Second Circuit that the rule ignores scientific criteria proposed by the National Academy of Sciences, did not prohibit testing on pregnant women and children, and even violated the most basic elements of the Nuremberg Code, including […]
Posted in Environmental Justice, Litigation | 2 Comments »
29
Sep
(Beyond Pesticides, September 29, 2010) A class action complaint claims Dial Corp. defrauds consumers about its Dial Complete soap by falsely claiming that it ‘kills 99.99% of germs,’ when in fact the product provides no benefit over washing with regular soap and water. The suit states that Dial Corp.’s claims are deceptive and misleading, designed solely to cause consumers to buy the product. Dial Complete contains triclosan, a registered pesticide, which is linked to numerous adverse effects including hormone disruption and water contamination. The suit wants Dial Corp. enjoined from continuing its deceptive advertising, disgorgement and damages for consumer fraud and deceptive business practices. The plaintiff, David Walls, in his suit states there are no reliable studies that show Dial Complete lives up to these claims. His complaint states: “Through its extensive and comprehensive nationwide marketing campaign, defendant claims that Dial Complete ‘kills 99.99% of germs’, is the ‘#1 Doctor Recommended’ brand of antibacterial liquid hand wash and ‘kills more germs than any other liquid hand soap’, when in actuality, it does not, a fact which Dial knew and purposely misrepresented and failed to disclose to consumers. To this day, Dial has taken no meaningful steps to clear up consumer […]
Posted in Antibacterial, Label Claims, Litigation, Triclosan | No Comments »
13
Sep
(Beyond Pesticides, September 13, 2010) Several groups opposed to genetically engineered (GE) foods filed suit in San Francisco against the USDA on Thursday to stop the agency from sidestepping National Environmental Policy Act (NEPA) regulations and allowing the planting of GE sugar beets. Government approval of the crop was revoked in August; however, USDA announced on September 1 it would issue permits allowing farmers to plant GE sugar beets as long as the crop did not flower. The plaintiffs, which include Center for Food Safety, Sierra Club, Organic Seed Alliance, and High Mowing Organic Seeds Company with representation from Earth Justice, contend the plantings would contaminate nearby farms with GE pollen, and again asked the judge to bar all planting of GE sugar beets. The GE sugar beets, produced by St. Louis-based Monsanto, have been engineered to be resistant to the herbicide glyphosate, sold by Monsanto under the trade name Round Up. According to the Agro Industry giant their “Round-Up Ready” Sugar Beet was adopted by North American farmers faster than any other biotech crop to date. Planting glyphosate resistant crops allows growers to apply glyphosate indiscriminately. As a result, herbicide use has jumped dramatically. Despite the prevailing myth that […]
Posted in Genetic Engineering, Litigation | No Comments »
17
Aug
(Beyond Pesticides, August 17, 2010) A federal appeals court has revived the fraud and negligent misrepresentation claims by blueberry farmers in New Jersey, who say that a pesticide made by Novartis Crop Protection, Inc. reacted badly with fungicides and ruined their crops. Declaring that the lower court improperly dismissed the farmers’ state law claims as preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the federal court concluded that farmers were not suing over the alleged flaws in the warning label-which is federally regulated -rather were complaining about misrepresentations in Novartis’ marketing brochure. The case, Indian Brand Farms Inc. v. Novartis Crop Protection Inc. was filed in the 3rd U.S. Circuit Court of Appeals in New Jersey. Blueberry farmers said Novartis should have warned them that a new version of its pesticide, including diazinon as the active ingredient, also included a surfactant that reacts badly with fungicides. The promotional brochure failed to mention this reaction and when farmers mixed the diazinon pesticide with the fungicides Captan and Captec, it caused phytotoxic damage, including blotches, depressions and spots, and in some cases killed their plants. It was not clear to the appeals court that the practice of combining pesticides with […]
Posted in Agriculture, Diazinon, Label Claims, Litigation, New Jersey, Novartis | No Comments »
30
Jul
(Beyond Pesticides, July 30, 2010) Adding to a campaign that Beyond Pesticides launched in 2004 to alert the public and pressure government to restrict the highly toxic antibacterial chemical triclosan -commonly found in antibacterial soaps and household and consumer products, the Natural Resources Defense Council (NRDC) filed a lawsuit earlier this week against the Food and Drug Administration (FDA) for failing to issue a final rule regulating the chemical. The lawsuit follows on the heels of two petitions filed by Beyond Pesticides and Food and Water Watch in 2009 and 2010 with FDA and the U.S. Environmental Protection Agency (EPA), respectively, to ban the chemical. Because of the widespread poisoning and environmental contamination caused by triclosan, the petitions cite numerous violations of statutory duties under the Federal Food, Drug and Cosmetics Act, Federal Insecticide, Fungicide, and Rodenticide Act, Clean Water Act, Safe Drinking Water Act, and Endangered Species Act. The NRDC lawsuit adds yet another dimension to the legal violations involving agency malfeasance on triclosan by asking the court to impose a strict deadline for FDA to finalize a proposed rule that has been pending for 32 years and could ban many uses of triclosan and its chemical cousin triclocarban. […]
Posted in Antibacterial, Litigation, Triclosan | 1 Comment »
23
Jun
(Beyond Pesticides, June 23, 2010) The Supreme Court ruling in Monsanto v Geersten Seed Farms on June 21, 2010 appears to favor the St. Louis-based biotech giant, but may offer some protection from genetically engineered (GE) crops. In a 7 to 1 decision, the high court overturned a lower court injunction on the planting of GE alfalfa, yet planting the crop still remains illegal until USDA completes assessing its environmental review. Interestingly, Justice Steven G. Breyer recused himself because his brother District Judge Charles Breyer had issued the original ruling, while Justice Clarence Thomas did not recuse himself despite having worked as a Monsanto attorney for two years. In 2006, the Center for Food Safety (CFS) and several other farming and environmental groups, including Beyond Pesticides, filed suit on behalf of Geerston Seed Farms. The suit led to a U.S. District Court ruling that the U.S. Department of Agriculture (USDA) violated the National Environmental Protection Act (NEPA) by approving the sale of GE alfalfa without requiring an environmental impact statement (EIS). Monstanto was forced to stop selling the seed until a comprehensive EIS is prepared and assessed. A draft EIS was prepared in 2009. This was the first ever moratorium […]
Posted in Litigation, Monsanto | No Comments »
21
Jun
(Beyond Pesticides, June 21, 2010) Pesticide experiments using people as test subjects will have stricter federal rules to follow under a new agreement reached on June 17, 2010 between the U.S. Environmental Protection Agency (EPA) and public health groups, farm worker advocates and environmental organizations. “People should never have been used as lab rats for testing pesticides,” said Natural Resources Defense Council (NRDC) senior attorney Michael Wall. “Under today’s settlement, EPA will propose far stronger safeguards to prevent unethical and unscientific pesticide research on humans.” In 2006, a coalition of health and environmental advocates and farmworker protection groups led by NRDC filed a lawsuit against EPA, claiming EPA’s recent rule violated a law Congress passed in 2005 requiring strict ethical and scientific protections for pesticide testing on humans. EPA’s 2006 rule lifted a ban on human testing put in place by Congress. It also allows experiments in which people are intentionally dosed with pesticides to assess the chemicals’ toxicity and allows EPA to use such experiment to set allowable exposure standards. In such experiments, people have been paid to eat or drink pesticides, to enter pesticide vapor “chambers,” and to have pesticides sprayed into their eyes or rubbed onto their […]
Posted in Environmental Justice, Litigation | 3 Comments »
02
Jun
(Beyond Pesticides, June 2, 2010) After decades-long litigation over the use of the toxic pesticide dibromochloropropane, or DBCP, in the 1970’s which has been linked to sterility and has since been banned, Dole Food Co. is proposing new settlements for farm workers claiming they were injured by exposure to the pesticide. A request has been filed by lawyers for Dole in the Los Angeles Superior Court asking that nearly 1,500 Honduran farm workers who are suing Dole be allowed to drop out of those suits and settle their claims out of court under an existing program arranged by the company and Honduran government officials. This could potentially end years of legal action inexpensively for Dole while providing compensation to workers quickly, however some people view this plan as a way for the company to back out of its responsibilities to former plantation workers. The pesticide DBCP was used by workers from Nicaragua, Costa Rica, Guatemala, Honduras, and Panama to kill worm infestations in the trees’ roots. In the U.S., DBCP was used as a soil fumigant and nematocide on over 40 different crops until 1977. According to the U.S. Environmental Protection Agency (EPA), DBCP causes male reproductive problems, including low […]
Posted in DBCP, Dole, Environmental Justice, Farmworkers, Infertility, International, Litigation | 1 Comment »
30
Apr
(Beyond Pesticides, April 30, 2010) The U.S. Supreme Court heard oral arguments on Tuesday in a case that prohibited Monsanto from selling genetically engineered (GE) alfalfa seed. A decision on the case of Monsanto Co. v. Geertson Seed Farms, the first time the Supreme Court has heard a case involving a genetically engineered crop, is expected in late June. The Center for Food Safety filed suit in 2006 on behalf of a coalition of organic farmers and environmental groups including Beyond Pesticides, arguing that the USDA violated the National Environmental Protection Act (NEPA) when it approved deregulation of GE alfalfa without an environmental impact statement (EIS). Roundup Ready Alfalfa is genetically engineered to resist the herbicide Glyphosate, sold by Monsanto under the trade name Roundup. Alfalfa is a bee pollinated crop used primarily for forage. The potential for cross pollination between GE and non-GE varieties of alfalfa is much higher than in other crops such as corn, because of the way Alfalfa is pollinated. In 2007, U.S. District Judge Charles Breyer ordered a moratorium on GE alfalfa until the USDA completed an EIS. The USDA released a draft EIS in December of 2009 again calling for deregulation of the crop. […]
Posted in Agriculture, Genetic Engineering, Litigation | 1 Comment »
02
Mar
(Beyond Pesticides, March 2, 2010) A lawsuit filed March 1, 2010 in federal court against the U.S. Fish and Wildlife Service seeks to compel the Service to uproot genetically engineered (GE) crops from its Bombay Hook National Wildlife Refuge in Delaware. As many as 80 other national wildlife refuges across the country now growing GE crops are vulnerable to similar suits. Filed in the U.S. District Court for Delaware by the Widener Environmental and Natural Resources Law Clinic on behalf of Delaware Audubon Society, Public Employees for Environmental Responsibility (PEER) and the Center for Food Safety, the federal suit charges that the Fish & Wildlife Service had illegally entered into Cooperative Farming Agreements with private parties, allowing hundreds of acres to be plowed over without the environmental review required by the National Environmental Policy Act (NEPA). In March 2009, the same groups won a similar lawsuit against GE plantings on Prime Hook National Wildlife Refuge. Ironically, Prime Hook has now been administratively incorporated into Bombay Hook, meaning that the same refuge management that is overseeing execution of the Prime Hook verdict is violating its tenets on Bombay Hook. In August 2009, several environmental groups led by the Center for Food […]
Posted in Deleware, Genetic Engineering, Litigation | No Comments »
26
Feb
(Beyond Pesticides, February 26, 2010) The U.S. Supreme Court refused Monday to review a U.S.Circuit Court decision in National Cotton Council (NCC) v. Environmental Protection Agency (EPA), upholding EPA’s authority to subject pesticide use to a permitting process under the Clean Water Act (CWA). In January of 2009, the 6th Circuit Court of Appeals upheld the ruling that commercial application of certain pesticides must be regulated under the Clean Water Act. EPA is now working to create a permitting system that complies with the ruling under the National Pollutant Discharge Elimination System (NPDES). This is one of three high profile cases the Supreme Court refused to hear involving industry challenges to government regulations. In the case of the Texas Water Development Board v. the Department of Interior, local government intended to build a reservoir in an area designated by the U.S. Fish and Wildlife Service (FWS) as a wildlife refuge. The U.S. 5th Circuit Court of Appeals found that the FWS did not violate the National Environmental Policy Act when it created the refuge, and so a reservoir cannot be constructed in that area. In the case of Rose Acre Farms Inc. v. the United States, an egg producer sued […]
Posted in Litigation | 1 Comment »
08
Feb
(Beyond Pesticides, February 8, 2010) The Center for Biological Diversity filed a notice of intent to sue the Environmental Protection Agency (EPA) last week. The lawsuit argues that EPA violated the Endangered Species Act when it approved 394 pesticides known to be harmful to humans and wildlife, without consulting with wildlife regulatory agencies as to the pesticides’ effects on endangered species. By registering pesticides known to harm migratory birds the EPA has also violated the Migratory Bird Treaty Act, according to the suit. The pesticides named in the suit pose a danger not only to wildlife, but to human health as well. Some of the pesticides named include 2,4-D the most commonly used pesticide in the nonagricultural sector, atrazine, triclosan, and pyrethrins. Jeff Miller, conservation advocate at the Center for Biological Diversity, said, “It’s time for the Environmental Protection Agency to finally reform pesticide use to protect both wildlife and people…Many endangered species most affected by toxic pesticides are already struggling to cope with habitat loss and rapid climate changes. For too long this agency’s oversight has been abysmal, allowing the pesticide industry to unleash a virtual plague of toxic chemicals into our environment.” The suit names 887 threatened and […]
Posted in 2,4-D, Atrazine, Litigation, Pyrethrin, Triclosan, Wildlife/Endangered Sp. | 1 Comment »