28
Mar
(Beyond Pesticides, March 28, 2008) Three years ago, Carlos Candelario was born without arms or legs and with spinal and lung deformities, birth defects caused by his mother’s exposure to multiple pesticides while working in Ag-Mart Produce fields during her pregnancy. His parents, Francisca Herrera and Abraham Candelario, sued the company in 2006, and last week’s settlement will provide for Carlos for the rest of his life, pending a judge’s approval. “I am as gratified about this case as any I’ve ever handled,” said attorney Andrew Yaffa. “This child has tremendous needs and needed somebody willing to speak on his behalf. Every medical need will be taken care of as a result of this settlement.” Ag-Mart has a history of state pesticide violations and use of extremely toxic pesticides (although in 2005, the company did agree to discontinue use of chemicals linked to reproductive risks, excepting methyl bromide, which is still in use). The company grows “UglyRipe” heirloom tomatoes and Santa Sweets grape tomatoes in a chemical-intensive operation. Ms. Herrera and Mr. Candelario worked alongside other migrant workers in North Carolina and Florida fields at the time of Ms. Herrera’s exposure. Both Florida and North Carolina have published reports on […]
Posted in Ag-Mart, Birth defects, Florida, Litigation | No Comments »
18
Jan
(Beyond Pesticides, January 18, 2008) The second circuit federal appellate court on Thursday will hear a challenge to an EPA rule that allows people to be used as guinea pigs in tests of toxic pesticides. The lawsuit, NRDC V. EPA, was brought before the court by a coalition of environmental, farmworker and health groups in 2006. The groups contend that the agency’s human testing rule violates a law passed by Congress in 2005 mandating strict ethical and scientific protections for pesticide testing on humans. At the time, the House Committee on Government Reform found “the actual experiments being considered by EPA are deeply flawed and rife with ethical violations.” “Testing poisons on people is unethical and against the law,” said Shelley Davis, Beyond Pesticides board member and deputy director of Farmworker Justice, a national advocacy and education center for migrant and seasonal farmworkers, based in Washington, D.C. “The EPA should stop accepting these industry funded tests.” Previous human testing by industry produced serious ethical and scientific problems including one instance in which a company told participants they were eating vitamins, not toxic pesticides. In other instances citied in the lawsuit, researchers ignored the adverse health effects reported by the participants. […]
Posted in Litigation, Pesticide Regulation | 3 Comments »
03
Dec
(Beyond Pesticides, December 3, 2007) Twelve states sued the U.S. Environmental Protection Agency on Wednesday November 28 over a new regulation that exempts thousands of companies from disclosing to the public details about their use and emission of toxic chemicals. The lawsuit, filed in U.S. District Court in New York by Arizona, California, Connecticut, Illinois, Maine, Massachusetts, the Minnesota Pollution Control Agency, New Hampshire, New Jersey, New York, the Pennsylvania Department of Environmental Protection and Vermont, accuses the agency of jeopardizing public health and seeks to force it to return to more stringent requirements. EPA’s measure, which took effect in January, raised by 10 times the threshold for reporting most chemicals under its national Toxics Release Inventory (TRI) program. For most toxic substances, the changes allow businesses that manage less than 5,000 pounds of a given chemical in a year, and release less than 2,000 pounds into the environment, to file a simplified, two-page form that provides only the names of the compounds. Previously, all companies that handled more than 500 pounds were required to file more detailed five-page forms, as were companies that handled any amount of substances considered the worst actors — those that accumulate in people or […]
Posted in Litigation | 1 Comment »
26
Oct
(Beyond Pesticides, October 26, 2007) Aurora Organic Dairy, found earlier this year by the United States Department of Agriculture (USDA) to be in “willful” violation of organic standards, is once again the subject of claims made by the Cornucopia Institute. In its findings, USDA had announced that Aurora “labeled and represented milk as organically produced, when such milk was not produced and handled in accordance with the National Organic Program [NOP] regulations.” As a result of this report, Cornucopia, whose research and original complaint initiated USDA’s investigation, has brought class action suits in Denver, St. Louis, and federal courts, which allege “consumer fraud, negligence, and unjust enrichment concerning the sale of organic milk by the company. “The basis of Cornucopia’s suit centers around milk sold before USDA’s organic certifier, Quality Assurance International (QAI), filed a notice of the violations found. Cornucopia’s Mark Kastel argued that the milk sold in the more than three years prior to QAI’s findings hurt smaller players in the organic industry, as well as consumers. “Aurora’s actions have injured the reputation of more than 1,500 legitimate organic dairy farmers who are faithfully following federal organic rules and regulations,” he said. “We cannot allow these families to […]
Posted in Alternatives/Organics, Aurora, Colorado, Litigation | No Comments »
01
Aug
(Beyond Pesticides, August 1, 2007) Farm workers and advocate groups, including Beyond Pesticides, filed a lawsuit yesterday against the Environmental Protection Agency (EPA) to stop the continued use of a deadly pesticide called chlorpyrifos. Chlorpyrifos is a highly neurotoxic insecticide developed from World War II-era nerve gas. Exposure can cause dizziness, vomiting, convulsions, numbness in the limbs, loss of intellectual functioning and death. “This pesticide puts thousands of workers at risk of serious illness every year,” said Erik Nicholson of the United Farm Workers. “It is inexcusable for the EPA to allow the use a pesticide they know to be damaging to people, especially children.” Luis Medellin, a Lindsay, California resident, suffered first hand exposure to chlorpyrifos. “I got sick, and my mother and younger sisters started throwing up, all this in our own home. It was a terrible feeling, the smell coming in through our air conditioner,” he said. “The government must not allow this dangerous chemical to be sprayed around our schools and communities.” Chlorpyrifos is used widely on corn, orchard, and vegetable row crops all over the country. Also know as Lorsban, it is responsible for a substantial number of worker poisonings each year and has been […]
Posted in California, Chlorpyrifos, Litigation, Pesticide Regulation | No Comments »
12
Jul
(Beyond Pesticides, July 12, 2007) More than 5,000 agricultural workers from Central America have filed lawsuits in the United States, claiming that a pesticide used on banana trees has rendered them sterile. The pesticide, dibromochloropropane (DBCP), was used by workers from Nicaragua, Costa Rica, Guatemala, Honduras, and Panama to kill worm infestations in the trees’ roots. According to the U.S. Environmental Protection Agency, DBCP, which was largely phased out on U.S. crops by 1979, causes male reproductive problems, including low sperm count, and is a “probable human carcinogen.” The first of the five lawsuits, originally filed in 2004, which began jury selection two days ago, accuses Dole Fresh Fruit Co. and Standard Fruit Co. of “negligence and fraudulent concealment while using the pesticide.” In addition, it argues that Dow Chemical Corp. and Amvac Chemical Corp., which manufacture DBCP, “actively suppressed information about DBCP’s reproductive toxicity.” The suit filed by attorney Duane Miller states that Dow and Amvac were aware of the health risks of DBCP in the 1950s. “Defendants, however, continued to market, sell, and use pesticide products containing a DBCP outside of the United States, including Nicaragua,” it says. In addition, Miller claims the pesticide seeped into the water […]
Posted in Amvac, DBCP, Dole, Dow Chemical, International, Litigation | No Comments »
03
Jul
(Beyond Pesticides, July 3, 2007) A scientist at the Minnesota Pollution Control Agency (MPCA) has filed a whistleblower lawsuit in federal court, arguing that he was first not allowed to share his research with a legislative panel, and then fired for it. Hydrologist Paul Wotzka, who worked for the state Agriculture Department for sixteen years before leaving to join MPCA in October, had been slated to testify about the rise in atrazine levels in Whitewater State Park, which have exceeded recommended levels for several area species. Atrazine, which has been linked to cancer, birth defects, neurotoxicity, endocrine disruption and a variety of other health and environmental effects and has been banned by the European Union, is a widely used agricultural herbicide.. Mr. Wotzka said in his lawsuit, as well as publicly, that this rise in atrazine in Minnesota waterways was due to increased row-crop agriculture in the region and the the Agriculture Department’s support of corn for ethanol. In his lawsuit, Mr. Wotzka is asking for $75,000 and to return to his position with MPCA. He claims that he was put on investigative leave, “related to missing data that is property of the State of Minnesota.” The investigative leave led […]
Posted in Atrazine, Litigation, Minnesota, Pesticide Regulation, Water | 4 Comments »
30
May
(Beyond Pesticides, May 30, 2007) The Center for Biological Diversity today filed a lawsuit against the U.S. Environmental Protection Agency (EPA) for violating the Endangered Species Act (ESA). EPA has registered and allowed the use of 60 toxic pesticides in habitats for nearly a dozen San Francisco Bay Area endangered species without determining whether the chemicals jeopardize their existence. “Ending the use of known poisons in habitat for our most endangered wildlife is an appropriate 100th birthday tribute to Rachel Carson, who alerted us to the hazards of exposure to toxic chemicals almost half a century ago,” said Jeff Miller, conservation advocate with the Center. “Unfortunately the EPA has not learned from her legacy and still has no plan to adequately assess impacts while registering and approving pesticide uses that pose a clear and present danger both to imperiled species and human health.” At least 61 million pounds of pesticide active ingredients were applied in Bay Area counties from 1999 through 2005 ”” over 8.5 million pounds annually. Actual pesticide use may have been several times this amount since most home and commercial pesticide use is not reported to the state. Under the Bush administration, EPA has consistently failed to […]
Posted in Litigation, Pesticide Regulation, Wildlife/Endangered Sp. | No Comments »
09
May
(Beyond Pesticides, May 09, 2007) In a precedent-setting decision last week, Judge Charles Breyer ordered a complete environmental review of Monsanto’s genetically-altered alfalfa, making a final ruling that the U.S. Department of Agriculture’s (USDA) 2005 approval of Monsanto’s genetically engineered (GE) “Roundup Ready” alfalfa was illegal. The judge called on USDA to ban any further planting of the GE seed until it conducts a complete Environmental Impact Statement (EIS). In the decision, Judge Breyer in the Federal Northern District of California affirmed his preliminary ruling, which echoed the Center for Food Safety (CFS), Beyond Pesticides and other co-plaintiffs’ arguments in their lawsuit against USDA, that the crop could harm the environment and contaminate natural alfalfa. The ruling also requires Forage Genetics to provide the locations of all existing Roundup Ready alfalfa plots to USDA within 30 days. Judge Breyer ordered USDA to make the location of these plots “publicly available as soon as practicable” so that growers of organic and conventional alfalfa “can test their own crops to determine if there has been contamination.” “This permanent halt to the planting of this risky crop is a great victory for the environment,” said Will Rostov, a senior attorney for CFS. “Roundup […]
Posted in Genetic Engineering, Litigation | 1 Comment »
19
Apr
(Beyond Pesticides, April 19, 2007) On April 12, a federal judge signed a settlement agreement in which New York City admits that the pesticides it sprayed may indeed be dangerous to human health as well as to the natural environment. For seven years, the No Spray Coalition, Beyond Pesticides and others have battled the City of New York in Federal Court in opposition to the Giuliani administration’s massive and indiscriminate spraying of toxic pesticides, including the organophosphate malathion. The settlement agreement states that, contrary to the City’s prior statements, pesticides may remain in the environment beyond their intended purpose, cause adverse health effects, kill mosquitoes’ natural predators, increase mosquito resistance to the sprays, and are not presently approved for direct application to waterways. Mitchel Cohen, the coordinator of the No Spray Coalition and an individual plaintiff in the lawsuit, sees the settlement agreement as a “tremendous victory” for health and environmental advocates. “Thousands of New Yorkers were made seriously sick by the spraying,” said Mr. Cohen. “A number of members of our coalition, including several of the plaintiffs, died from pesticide-related illnesses. Many suffer from multiple chemical sensitivities (MCS) or asthma caused or exacerbated by the spraying. We are very […]
Posted in Insect-Borne Disease, Litigation, New York | 3 Comments »
