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Daily News Blog

Archive for the 'Litigation' Category


29
Sep

Antibacterial Soap Hit with Class Action Suit for False Anti-Germ Claims

(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 […]

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13
Sep

Genetically Engineered Sugar Beets Face New Legal Challenge

(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 Government approval of the crop was revoked in August; however, USDA announced on September 1 it would issue permits allowing farmers to plant GE sugar beets as long as the crop did not flower.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 […]

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17
Aug

Blueberry Farmers’ Suit Against Pesticide Maker Moves Ahead

(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 […]

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30
Jul

Lawsuit Seeks Timeline for FDA Action on Antibacterial Pesticide Triclosan

(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. […]

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23
Jun

Supreme Court Ruling Offers Some Protection from GE Crops

(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 […]

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21
Jun

U.S. EPA Settles Human Pesticide Testing Lawsuit

(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 […]

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02
Jun

Dole Proposes New Settlements for Sterile Plantation Workers

(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 […]

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30
Apr

U.S. Supreme Court Hears Its First GE Crop Case

(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. […]

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02
Mar

Groups Sue to Block GE Crops from Wildlife Refuge

(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 […]

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26
Feb

U.S. Supreme Court Lets Stand Pesticide Use Permitting to Protect Waterways

(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 […]

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08
Feb

EPA Sued for Failure to Protect Endangered Species from Pesticides

(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 […]

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25
Jan

GE Alfalfa Case to be Heard by U.S. Supreme Court

(Beyond Pesticides, January 25, 2010) For the first time, a case involving a genetically engineered crop will be heard by the U.S. Supreme Court. The case, Monsanto v. Geerston Seed Farms, is the most recent development in an ongoing battle to stop the use of genetically modified alfalfa seed. The seed is modified to be resistant to the herbicide glyphosate, sold by Monsanto under the brand name Roundup. 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. This was the first ever moratorium in the U.S. on a genetically engineered, or modified, crop. The USDA completed its first draft of the EIS in December 2009. Brushing aside the concerns of organic alfalfa growers, consumers, and environmentalists, USDA argues for non-regulated status of GE alfalfa. According to this document, the economic gains of […]

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20
Jan

Federal Complaint with USDA Filed Against False “Organic” Personal Care Brands

(Beyond Pesticides, January 20, 2010) The Organic Consumers Association (OCA), along with certified organic personal care brands Dr. Bronner’s Magic Soaps, Intelligent Nutrients, and Organic Essence, last week filed a complaint with the U.S. Department of Agriculture (USDA) National Organic Program (NOP), seeking action to stop some personal care manufacturers from, according to the petitioners, mislabeling their products as “organic.” The petitioners are requesting an investigation into what it believes is widespread and blatantly deceptive labeling practices of leading “organic” personal care brands, in violation of USDA NOP regulations. The complaint, filed collectively on behalf of 50 million consumers of organic products, argues that products such as liquid soaps, body washes, facial cleansers, shampoos, conditioners, moisturizing lotions, lip balms, make-up and other cosmetic products produced by 12 different corporations have been advertised, labeled and marketed as “organic” or “organics” when, in fact, the petitioners say the products are not “organic” as understood by reasonable consumers. “Unfortunately, the hands-off regulatory approach by the USDA’s National Organic Program during the Bush years failed to protect consumers from deceptive labeling in the personal care marketplace,” said Ronnie Cummins, executive director of the Organic Consumers Association. While the USDA enforces strict standards for the […]

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15
Jan

Over 75 Groups Petition EPA to Ban Triclosan Uses Tied to Widespread Contamination

(Beyond Pesticides, January 15, 2010) Yesterday, environmental and health groups petitioned the Environmental Protection Agency (EPA) to ban the use of the widely used antimicrobial pesticide triclosan, which is linked to endocrine disruption, cancer and antibiotic resistance and found in 75% of people tested in government biomonitoring studies. Over 75 groups, lead by Beyond Pesticides and Food and Water Watch, say EPA must act to stop the use of a chemical now commonly found in soaps, toothpaste, deordorants, cosmetics, clothing, and plastic, with a nearly $1 billion market and growing. In their petition, the groups cite numerous statutes under which they believe the government must act to stop non-medical uses of triclosan, including laws regulating pesticide registration, use and residues, clean and safe drinking water, and endangered species. “Given its widespread environmental contamination and public health risk, EPA has a responsibility to ban household triclosan use in a marketplace where safer alternatives are available to manage bacteria,” said Jay Feldman, executive director of Beyond Pesticides. “Scientific studies indicate that widespread use of triclosan causes a number of serious health and environmental problems,” said Wenonah Hauter, executive director of Food & Water Watch. “EPA needs to ban its use in non-medical […]

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28
Sep

Genetically Engineered Beets Unlawful

(Beyond Pesticides, September 28, 2009) In a case brought by Center for Food Safety (CFS) and Earthjustice representing a coalition of farmers and consumers, a federal court ruled September 23, 2009 that the Bush Administration’s approval of genetically engineered (GE) “RoundUp Ready” sugar beets was unlawful. In this case, Center for Food Safety v. Vilsack, No. C 08-00484 JSW (N.D. Cal. 2009), the court ordered the U.S. epartment of Agriculture (USDA) to conduct a rigorous assessment of the environmental and economic impacts of the crop on farmers and the environment. The decision follows on the heels of a June 2009 decision from the Ninth Circuit Court of Appeals affirming the illegality of the USDA’s approval of Monsanto’s genetically engineered alfalfa. The federal district court for the Northern District of California ruled that the USDA’s Animal and Plant Health Inspection Service (APHIS) violated the National Environmental Policy Act (NEPA) when it failed to prepare an Environmental Impact Statement (EIS) before deregulating sugar beets that have been genetically engineered (GE) to be resistant to glyphosate herbicide, marketed by Monsanto as Roundup. Plaintiffs CFS, Organic Seed Alliance, Sierra Club, and High Mowing Seeds, represented by Earthjustice and CFS, filed suit against APHIS in […]

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24
Sep

Antimicrobial Claims Prompt Lawsuit by EPA under Pesticide Law

(Beyond Pesticides, September 24, 2009) The U.S. Environmental Protection Agency (EPA) has just announced that it filed suit against San Leandro based VF Corporation for the sale and distribution of unregistered pesticides through its retail company, The North Face. An AgION silver treated footbed, which the company claims has antimicrobial properties, is featured in over 70 styles of shoes by the company. These claims, according to the EPA, are in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The company could face up to $1 million in fines. While these products do not purport to usie nano-sized silver materials, the claims that are made for these products are suspiciously similar to those made by manufacturers for other nano-based antimicrobial products. These claims include: inhibiting the growth of disease-causing bacteria; preventing bacterial and fungal growth; and the continuous release of antimicrobial agents. Because of the lack of regulation, nanotechnology products are not always easy to recognize in the marketplace, and even the best lists do not include everything. Consumer products that include nano-based technologies, however continue to grow. EPA has taken a few regulatory actions against other manufacturers whose products made similar claims as this case, including action against […]

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21
Sep

Utility Company Sued Over Pollution from Toxic Wood Poles

(Beyond Pesticides, September 21, 2009) In a federal lawsuit filed in San Francisco earlier this month, the environmental watchdog group Ecological Rights Foundation (ERF) claims that dioxin is being discharged from Pacific Gas and Electric Company’s (PG&E) utility poles into the San Francisco Bay, violating both the Clean Water Act and the Resource Conservation and Recovery Act. Dioxin is a contaminant in the wood preservative pesticide pentachlorophenol (penta), the chemical used to treat more than one million PG&E utility poles in Northern California. Dioxin is a known human carcinogen. It also causes birth defects at extremely low levels. The ERF suit asks the court to stop PG&E from discharging dioxin from its utility poles, a move that could eventually lead to wide scale replacement of the ubiquitous penta-treated wood poles. “These are the common, I guess you could say ‘classic,’ brown wood poles you see holding up wires on practically every street,” says ERF attorney Bill Verick. Pentachlorophenol (penta) is a chlorinated aromatic hydrocarbon, closely related to other chlorophenols, hexachlorobenzene, polychlorinated dibenzo-p-dioxins and furans, all of which are found in commercial grade penta, along with secret “inert” ingredients. It was 1978 when EPA began its review of wood preservatives, including […]

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13
Aug

Use of Herbicide Glyphosate Up for Review on Alaskan Railway

(Beyond Pesticides, August 13, 2009) The Alaska Department of Environmental Conservation is currently reviewing a request by the Alaska Railroad for permission to use the herbicide glyphosate along a 90 mile stretch of its track between Seward and Indian. The herbicide is set to be applied on Railroad operating property (rail yards, spurs, sidings, etc) and along the mainline and branch line right-of way for four feet out from both sides of the track in the summer of 2010. Despite the fact that previous requests have been met with opposition, the railroad states that its vegetation problem has gotten too out of hand for “so-called ”˜alternative methods.’” They also state that the Federal Railroad Administration, the railroad’s federal regulatory agency, will impose fines and operational restrictions such as reducing speeds or emergency closures of some sections of track if they aren’t cleared of the overgrown vegetation. Current methods of weed management utilized by the railroad are mechanized rail-based brushcutters, off-rail hydroaxing, wayside manual cutting. The extents to which these methods are used are unknown, however, and the railroad states that these are effective””but only within limited ranges. Beyond Pesticides has an entire factsheet on least toxic control of weeds which […]

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10
Jul

Lawsuit to Challenge EPA for Pesticide Impacts on Polar Bears

(Beyond Pesticides, July 10, 2009) The Center for Biological Diversity notified the U.S. Environmental Protection Agency (EPA) earlier this week of its intent to file suit against the agency for failing to consider impacts to the polar bear and its Arctic habitat from toxic contamination resulting from pesticide use in the U.S. Pesticides registered by EPA for use in the U.S. are known to be transported to the Arctic via various atmospheric, oceanic, and biotic pathways. Such pesticides are biomagnified with each step higher in the food web, reaching some of their greatest concentrations in polar bears, the apex predators of the Arctic. A body of literature demonstrates the far-reaching effects of commonly used pesticides that are suspected endocrine disruptors and persistent organic pollutants, such as atrazine, 2,4-D, lindane, endosulfan, and permethrin, on global ecosystems. These pesticides, among others, and related contaminants have been linked to suppressed immune function, endocrine disruption, abnormalities in reproductive organs, hermaphroditism, and increased cub mortality in polar bears. Human subsistence hunters in the Arctic, who share the top spot on the food web with the polar bear, also face increased risks from exposure to these contaminants. “The poisoning of the Arctic is a silent crisis […]

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06
Jul

EPA Proposes Pesticides Restrictions in Endangered Species Settlement

(Beyond Pesticides, July 6, 2009) Last week, the U.S. Environmental Protection Agency (EPA) proposed to formally evaluate the harmful effects of 74 pesticides on 11 endangered and threatened species in the San Francisco Bay Area over the next five years, and to impose interim restrictions on use of these pesticides in and adjacent to endangered species habitats. The proposal stems from a settlement agreement with the Center for Biological Diversity, which sued EPA in 2007 for violating the Endangered Species Act by registering and allowing the use of toxic pesticides in Bay Area endangered species habitats without determining whether the chemicals jeopardize those species’ existence. “Tens of millions of pounds of toxic and poisonous chemicals, known to be deadly to endangered species and harmful to human health, including proven carcinogens and endocrine disruptors, are applied in the Bay Area each year, and many of those find their way through runoff or drift into our soil, creeks and rivers, San Francisco Bay, and sensitive wildlife habitats,” said Jeff Miller, conservation advocate with the Center. “The toxic stew of pesticides in the Bay-Delta has played a major role in the collapse of native fish populations, and pesticides are a leading cause of […]

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29
Jun

U.S. Court Upholds Ban on Genetically Engineered Alfalfa – Again

(Beyond Pesticides, June 29, 2009) Last week the United States Court of Appeals for the Ninth Circuit re-affirmed its previous decision upholding a nationwide ban on the planting of genetically-engineered (GE) Roundup Ready alfalfa pending a full Environmental Impact Statement (EIS). The Court determined that the planting of genetically modified alfalfa can result in potentially irreversible harm to organic and conventional varieties of crops, damage to the environment, and economic harm to farmers. Although the suit was brought against the United States Department of Agriculture (USDA), Monsanto Company and Forage Genetics entered into the suit as Defendant-Intervenors. In September 2008 the Ninth Circuit affirmed the lower court’s ruling, but the Intervenors continued to press the appeal alone, requesting the appellate court to rehear the case. Last weeks decision denied that request and re-affirmed the earlier decision in full. “This ruling affirms a major victory for consumers, ranchers, organic farmers, and most conventional farmers across the country,” said Andrew Kimbrell, Executive Director of the Center for Food Safety. “Roundup Ready Alfalfa represents a very real threat to farmers’ livelihoods and the environment; the court rightly dismissed Monsanto’s claims that their bottom line should come before the rights of the public and […]

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13
Apr

EPA Upholds Clean Water Act to Protect Waterways From Pesticides

(Beyond Pesticides, April 13, 2009) Rebuffing the Department of Agriculture, the Justice Department announced that it will not seek rehearing of a recent significant environmental decision that enables improved protection from pesticides under the Clean Water Act. In a letter dated March 6, 2009, Agriculture Secretary Vilsack had asked EPA Administrator Jackson to request reversal of the 6th Circuit’s decision (The National Cotton Council et al. v. EPA) in January that invalidated a Bush EPA rule exempting pesticide spraying around waterways from the Clean Water Act regulations. “This decision means that EPA recognizes its responsibility to move forward with implementing the Clean Water Act, instead of trying to circumvent this bedrock public protection statute as was attempted by the Bush EPA,” stated Charlie Tebbutt of the Western Environmental Law Center, who argued the case for the environmental plaintiffs. “We now look forward to working with EPA and the states to bring about meaningful changes in site specific uses of pesticides to protect our nation’s waters,” continued Mr. Tebbutt. In this same announcement, EPA stated that it will seek to continue the Bush rule for two years, despite the court ruling it illegal. “This part of the EPA’s decision is troubling,” […]

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27
Mar

Federal Court Stops GE Crop Planting on Wildlife Refuges

(Beyond Pesticides, March 27, 2009) A federal court has ordered the U.S. Fish & Wildlife Service to stop planting genetically engineered (GE) crops on its Prime Hook National Wildlife Refuge in Delaware. While the ruling is limited to Prime Hook, the lawsuit may serve as a model for similar litigation at more than 80 other national wildlife refuges now growing GE crops across the country. Filed in April 2006 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 and Wildlife Service (FWS) illegally entered into Cooperative Farming Agreements with private parties, allowing hundreds of acres to be plowed over without required environmental review and contrary to FWS’ own policy prohibiting GE crops. “It is unfortunate that we had to file suit against the Service to get it to comply with its own policies,” commented Nicholas DiPasquale, Conservation Chair for Delaware Audubon. “It is clear that this Refuge Manager had abdicated control over farming operations at Prime Hook just as it is also clear that farming practices have been extremely destructive to the forested uplands at […]

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