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Daily News Blog

Archive for the 'Litigation' Category


03
Jul

Atrazine Whistleblower Takes His Case To Court

(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 […]

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30
May

EPA Sued Over Pesticides Harmful to 11 Bay Area Endangered Species

(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 […]

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09
May

Federal Judge Orders Injunction, Complete Review of GE Alfalfa

(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 […]

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19
Apr

NYC Settles Mosquito Spray Lawsuit Filed by Pesticide Activists

(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 […]

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