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Daily News Blog

Archive for the 'Litigation' Category


17
Jul

Final Arguments Made in Court to Ban Chlorpyrifos

(Beyond Pesticides, July 17, 2018) Last week, closing arguments were made in the 9th Circuit Court of Appeals challenging the U.S. Environmental Protection Agency’s (EPA) refusal to ban chlorpyrifos, the pesticide science links to a host of neurological impairments in children. A coalition of labor and health organizations represented by Earthjustice asked a panel of three judges to overturn former EPA Administrator Scott Pruitt’s decision not to ban chlorpyrifos. In June 2017, a dozen health, labor, and civil rights organizations represented by Earthjustice filed an administrative appeal to EPA urging the federal government to ban chlorpyrifos. The attorneys general of New York, California, Washington, Massachusetts, Maine, Maryland and Vermont also filed their own appeal calling for a ban. The groups also filed a court case that asked the 9th Circuit Court in San Francisco to decide the issues presented in the administrative appeal because of the likelihood of a delayed resolution by the EPA. This was the last hearing where the health and labor groups, as well as states, were able to present their arguments to the court of appeals and answer the judges’ questions. The New York Attorney General’s office also presented arguments on behalf of seven states, which intervened in […]

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30
May

Lawsuit Seeks to Restore Protections for Migratory Birds

(Beyond Pesticides, May 30, 2018) Six environmental groups have sued the Trump Administration for reversing a long standing interpretation of the Migratory Bird Treat Act (MBTA) that provides migratory bird protections from incidental killing or “taking” caused by industrial activities. The lawsuit, National Audubon Society v. Department of the Interior, was filed May 24, 2018 in the Southern District of New York, challenging as “unlawful and arbitrary and capricious the December 22, 2017 Solicitor’s Memorandum M-37050, which was issued by the office of the Solicitor of the Department of the Interior (“DOI”) and reverses Defendants DOI’s and the U.S. Fish and Wildlife Service’s (“FWS” or “Service”) longstanding interpretation and implementation of the Migratory Bird Treaty Act of 1918.” The Act’s prohibition on the killing or “taking” of migratory birds has long been understood to extend to incidental take from industrial activities — meaning unintentional but predictable and avoidable killing. Last year, the Trump Administration issued a Memorandum gutting federal protections for migratory birds under the Migratory Bird Treaty Act (MBTA). The plaintiffs, including American Bird Conservancy, Center for Biological Diversity, Defenders of Wildlife, National Audubon Society, National Wildlife Federation, and the Natural Resources Defense Council, are seeking to protect waterfowl, […]

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25
Apr

Canadian Beekeeper’s Class Action Neonicotinoid Lawsuit Moves Ahead

(Beyond Pesticides, April 25, 2018)  A class-action lawsuit against two manufacturers of neonicotinoid insecticides is moving ahead in Quebec, Canada after an appeal to block the case by the Canadian government and the chemical companies, Bayer and Syngenta, was dismissed. In February 2018, the case, brought by a beekeeper, was allowed to proceed to trial by the Quebec Superior Court. Quebec queen bee breeder, Steve Martineau, conducted tests on water and his dead and dying bees and found traces of neonicotinoids. His suit alleges that Bayer and Syngenta were negligent in the manufacture and sale of neonicotinoids in Quebec, and are responsible for damages that he and other class members suffered under Article 1457 of the Quebec Civil Code. Bayer and Syngenta challenged the application on a number of grounds including the assumption that they had manufactured the neonicotinoids which killed Martineau’s bees. The class in this case was authorized for all persons in Quebec who own or owned bees in the affected area since 2006. Mr. Martineau estimates he has lost about $20,000 a year to present due to the effects of neonicotinoids on his bee population (Martineau v. Bayer CropScience Inc. CALN/2018-007) “We’re suing on behalf of Quebec beekeepers whose bees were […]

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24
Apr

Court Affirms Listing Glyphosate as Probable Carcinogen

(Beyond Pesticides, April, 24, 2018) On April 19, 2018, an Appellate Court in California sided with the State of California, affirming that Monsanto’s glyphosate can be listed as a probable carcinogen under the state’s Proposition 65 and rejecting Monsanto’s challenge to law. The state will not only move ahead with warning labels on products that contain glyphosate but also prohibit discharge of the pesticide into public waterways. Monsanto’s lawsuit challenged the 2015 decision by California’s Office of Environmental Health Hazard Assessment (OEHHA) to list glyphosate, the active ingredient in Monsanto’s herbicide, Roundup, under California’s Proposition 65. Proposition 65 requires notification and labeling of all chemicals known to cause cancer, birth defects or other reproductive harm, and prohibits their discharge into drinking waters of the state. In 2015, the International Agency for Research on Cancer (IARC) of the World Health Organization (WHO) concluded that glyphosate is “probably carcinogenic.”  Under the Labor Code listing mechanism of Proposition 65, substances identified by IARC must be listed in the state of California as known to cause cancer. This listing requires warning labels on products and the listed substances are subject to limits on discharges into surface waters. California added glyphosate to the list of cancer-causing chemicals in July […]

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27
Mar

Judge Rules EPA Violated Pesticide Rules in Delaying Protections for Farmworker Children

(Beyond Pesticides, March 27, 2018) In a major win for farmworker and health groups, the U.S. District Court for the Northern District of California ruled last Wednesday the U.S. Environmental Protection Agency (EPA) illegally delayed implementation of key pesticide rules that in part prevent minors from working with the most dangerous pesticides. The rule revised rules mandate pesticide applicators be at least 18 years old. According to the EPA, there are about one million certified applicators nationwide. Before delaying implementation, the agency said the revised rule could prevent some 1,000 acute poisonings every year. In addition to requiring applicators to be at least 18-years-old, the revised 2017 Certification of Pesticide Applicators (CPA) rule also improves the quality of training materials and says certified pesticide applicators must be able to read and understand the instructions. The main purpose of the CPA rule is to protect workers and the public from poisonings, by ensuring that those who handle the most dangerous pesticides are properly trained and certified. “We commend the court for recognizing that this important pesticide safeguard is needed to prevent injury to farmworkers and the public,” said Stacey Geis, Earthjustice managing attorney. “This ruling puts EPA Administrator Scott Pruitt on notice that the courts […]

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23
Feb

Monsanto Loses Lawsuit to Stop Dicamba Ban in Arkansas

(Beyond Pesticides, February 23, 2018) Agrichemical corporation Monsanto has lost its bid to halt a statewide ban on the use of its specialty dicamba herbicide in Arkansas. Despite a lengthy process of evaluation and public comment that led to a prohibition on the use of drift-prone dicamba herbicides during the growing season on Arkansas farms, Monsanto made one last-ditch attempt to stop the law from going into effect by suing the entire state. With the industry’s loss, Arkansas is on track to implement the toughest restrictions against dicamba in the U.S. State Circuit Court Judge Chris Piazza dismissed the lawsuit last week based on a recent Arkansas Supreme Court ruling, which held that the state cannot be made a defendant in court. Monsanto’s lawsuit argued against the makeup of the state’s Plant Board, which voted to prohibit the company’s product last November. Monsanto also made claims that the state did not consider the economic damage a ban on the herbicide would cause, despite not seeking monetary restitution in court. Beyond Pesticides led a nationwide campaign to urge action by the Arkansas Plant Board to ban dicamba. Dicamba is an herbicide originally registered for use in 1967 to control broadleaf weeds. […]

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13
Feb

Court Ruling Stops Trump Administration from Withholding Documents in GE Salmon Case

(Beyond Pesticides, February 13, 2018) Arguments by the U.S. Food and Drug Administration (FDA) to withhold from public and court review key documents revealing how it approved the first genetically engineered (GE) salmon were rejected by the Ninth Circuit Court of Appeals. Now, documents detailing how the agency reviewed and approved the GE animal will have to be produced for court review in the ongoing case challenging its controversial approval. Thousands of pages of government documents pertaining to the 2015 approval of GE salmon for human consumption were being withheld even after plaintiffs challenging the approval demanded that FDA provide all the information the agency considered in its decision. The case, Institute for Fisheries Resources v. Burwell, Case No. 3:16-cv-01574-VC, brought by the Center for Food Safety (CFS) and Earthjustice on behalf the Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s Associations, Golden Gate Salmon Association, Kennebec Reborn, Friends of Merrymeeting Bay, Cascadia Wildlands, Ecology Action Center, Friends of the Earth, Center for Biological Diversity, Food and Water Watch, and the Quinault Indian Nation, was filed in 2016 after FDA approved its first-ever GE food animal, an Atlantic salmon engineered to grow quickly. The lawsuit challenges FDA’s claim that […]

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22
Dec

It is an honor to work with you, the members and network of Beyond Pesticides

Thank you for your support and collaboration. Onward in 2018! (Beyond Pesticides, December 22, 2017)  We deeply appreciate your donation to our program in 2017 and it is easy to donate HERE. Year in Review At Beyond Pesticides, we collaborate with organizations and advocate across the country to get our message out on the threat that pesticides pose to human health and the environment. We support local action to stop this threat. And, we assist communities nationwide with the adoption of organic management practices that are more effective and protective than chemical-intensive practices. The partnerships that have been established are, at a more rapid pace, resulting in the adoption of land management practices that are supported by Beyond Pesticides’ strategic vision for a world free of toxic pesticides. Information for Action Beyond Pesticides expanded its role in the forefront of pesticide and organic advocacy with our Action of Week  and Q&A of the Week, in addition to our Daily News, which identifies and delves into key science, policy, and actions that inform local action. The Summer issue of our journal, Pesticides and You, highlighted David Montgomery’s talk at Beyond Pesticides’ National Forum on the importance of soil microbiota and gut microbiome to healthy ecosystems […]

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11
Oct

Lawsuit Filed to Protect Endangered Species from Neonicotinoid Pesticides

(Beyond Pesticides, October 11, 2017) Last week, the Natural Resources Defense Council (NRDC) filed a lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) registration of neonicotinoid pesticides – acetamiprid, dinotefuran, and imidacloprid, and the agency’s failure to first consult with the U.S. Fish and Wildlife Service on the pesticides’ impact on threatened or endangered species. The lawsuit, filed in the U.S. District Court for the District of Columbia, challenges the failure of the federal government to evaluate the impacts of neonicotinoid pesticides (“neonics”) on threatened and endangered species, like the rusty patched bumble bee, the black-capped vireo, and the San Bruno elfin butterfly. The suit cites widespread presence of neonics in the environment which presents serious risks to wildlife across large portions of the country. It contends that they pose significant adverse consequences to threatened and endangered species. According to the lawsuit, because of toxicity and pervasive environmental contamination, NRDC is now challenging EPA’s registrations of pesticide products containing one of three main neonic active ingredients—acetamiprid, dinotefuran, and imidacloprid—and seeks vacatur of those registrations until EPA complies with the law. “The EPA ignored endangered bees, butterflies, and birds when it approved the widespread use of neonics,” said Rebecca Riley, a senior […]

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26
Sep

USDA Study Confirms Concerns about Electronic GE Labeling Law

(Beyond Pesticides, September, 26, 2017) A congressionally mandated study belatedly released by the U.S. Department of Agriculture (USDA) questions the feasibility of electronic disclosures as a means of providing consumers with information on genetically engineered (GE) food ingredients. The study, which should have been published in July 2017 by law, confirms concerns held by many that “electronic and digital disclosures” (QR codes) will pose technological challenges for consumers, limiting access to food information. The study was required by the 2016 Federal Bioengineered Food Disclosure Standards Act (the “GE Labeling Act”) to help inform the establishment of federal standards for labeling by July 2018. USDA issued the study just days after the Center for Food Safety (CFS) filed a lawsuit challenging the agency’s unlawful withholding of the required study. Twelve days after the lawsuit was submitted on August 24, USDA publicly released the study p. The labeling law allows USDA to consider several options: on-package text, a GE symbol on packages, or “electronic or digital disclosures,” which would require shoppers to use a smart phone to scan packages to access a website or call a 1-800 number for every single product to find out if it was produced with genetic engineering. The study is crucial in analyzing […]

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07
Sep

Lawsuit Filed on GE Food Labeling

(Beyond Pesticides, September 7, 2017) Last month, the Center for Food Safety (CFS) filed a federal lawsuit against the Trump Administration for its failure to comply with the 2016 federal law on the labeling of genetically engineered (GE) food, National Bioengineered Food Disclosure Law.  Secretary of Agriculture Sonny Perdue and the U.S. Department of Agriculture (USDA) are charged with implementing the new labeling rules, and part of that process is a study on “electronic and digital disclosures” (QR codes) for GE foods, as opposed to on-package text.  That study was required to be finished by July 2017, with an opportunity for public commetn, but USDA never met it legal obligation. The federal lawsuit is seeking declaratory and injunctive relief against USDA regarding that agency’s failure to comply with mandatory deadlines established by the 2016 Federal Bioengineered Food Disclosure Standards Act (the “GE Labeling Act”). The suit contends that the “American public deserves full disclosure, the right to transparency and free choice in the marketplace.” Consumers have advocated for mandatory labeling of GE foods for nearly two decades. Polls show that over 90% of U.S. residents support requiring the labeling of GE foods, as 64 countries already do, including many U.S. trade partners […]

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23
Aug

Lawsuit Filed to Stop Expansion of Aquaculture Industry that Decimates Marine Life

(Beyond Pesticides, August 23, 2017) The Center for Food Safety (CFS) filed a federal lawsuit to stop the U.S. Army Corps of Engineers from moving forward with an expansion of industrial shellfish aquaculture on the Washington state coast without any water quality or marine life protections from pesticide use and habitat loss. This is just the latest in efforts to protect sensitive coastal areas in Washington from shellfish farming that is contributing to increased pesticide use and environmental degradation. The lawsuit, filed in the U.S. District Court for the Western District of Washington earlier this month, challenges the U.S. Army Corps of Engineers (Corps) issuance of a nationwide permit (NWP 48), which, according to the suit, “greenlights a massive expansion of shellfish aquaculture with entirely inadequate protections.” The Corps has a duty to protect public water from adverse impacts, but potential environmental impacts have not properly assessed or considered, the suit claims, in violation of the Corps’ environmental protection mission. The lawsuit argues that the Corps, when it approved the Washington state permit, violated numerous environmental laws, including the Clean Water Act, National Environmental Policy Act, and Administrative Procedure Act. According to CFS, the permit issued will allow shellfish aquaculture acreage […]

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04
Aug

Court Overturns Montgomery County, MD Pesticide Restrictions, Groups Say Decision Defies Local Authority to Protect Health

(Beyond Pesticides, August 3, 2017) A Circuit Court for the state of Maryland  on Thursday struck down key components of the landmark Healthy Lawns Act pesticide ordinance passed in Montgomery County, Maryland in 2015. The court’s decision, issued by Judge Terrence McGann, eliminates pesticide use restrictions on private property, but does not touch provisions limiting toxic pesticides used on public, county owned land. Grassroots advocates who supported passage of the Healthy Lawns Act to protect children, families and the environment are dismayed by the court’s ruling, but nevertheless vow to keep up the fight for protections from hazardous pesticides used in their community. “The court should have recognized that, in restricting lawn pesticides throughout its jurisdiction, Montgomery County is exercising a local democratic principle under Maryland and federal law to ensure the safety of the community, including children, pets, and the environment, from a known hazard not adequately regulated by the U.S. Environmental Protection Agency or the state,” said Jay Feldman, executive director of Beyond Pesticides. “After extensive hearings and study, the county council understands that toxic chemicals are dangerous and not needed to have beautiful lawns and landscapes,” Mr. Feldman said. By passing the Healthy Lawns Act, the Montgomery […]

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22
Jun

Consumers Sue Monsanto for Misleading Labeling of Roundup Herbicide

(Beyond Pesticides, June 22, 2017) On Tuesday, a lawsuit was filed in a Wisconsin federal court against Monsanto, the manufacturer of Roundup brand herbicides, and Scotts Miracle-Gro Company, a marketer of Roundup brand products. The complaint, filed by six consumers from states around the country, focuses on the promotion, marketing, and sale of Roundup brand products, rather than physical injury from the pesticide products. The lawsuit alleges that the Monsanto and Scotts label, advertise, and promote their Roundup products with the “false statement that Roundup’s active ingredient, glyphosate, targets an enzyme that is not found ‘in people or pets.’” Plaintiffs assert that this is a false and deceptive claim, as this enzyme is found in the gut bacteria of people and pets and glyphosate can disrupt the health and functioning of their immune system. This suit follows on the heels of and mirrors the lawsuit filed by Beyond Pesticides and Organic Consumers Association in April 2017 against Monsanto for misleading the public by labeling the weedkiller Roundup as “target[ing] an enzyme found in plants but not in people or pets.” Monsanto aggressively markets Roundup as safe for humans and animals, despite newer studies indicating that glyphosate may be carcinogenic and affect […]

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19
Jun

EPA Sued for Delaying Worker Protection Rule Changes

(Beyond Pesticides, June 19, 2017) Farmworker and health organizations have sued the U.S. Environmental Protection Agency (EPA) following the agency’s announcement last month that it will delay for one year the implementation of a final rule that revised and updated protections for certified pesticide applicators. Earthjustice and Farmworker Justice are co-counsel on the case. The rule, the Certification of Pesticide Applicators (CPA) rule, includes much needed requirements like mandatory age minimums, as well as better training for pesticide applicators to protect workers and the public from poisoning by the most toxic pesticides. First enacted in 1974, the Certification of Pesticide Applicators Rule  was revised and made final on January 4, 2017, and was scheduled to go into effect March 6, 2017. It outlines regulations regarding the certification of applicators of restricted use pesticides (RUPs)- some of the most hazardous pesticides. The rule ensures that applicators of RUPs get adequate training and establishes a minimum age of 18 for pesticide applicators. It also requires that applicators be able to read and write; increases the frequency of applicator safety training to every year; and improves the quality of information that workers receive about the pesticides that they apply in agricultural, commercial, and residential […]

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06
Jun

Court Revokes Federal Approval of Nanotech Pesticide

(Beyond Pesticides, June 6, 2017) Last week, the U .S. Court of Appeals for the Ninth Circuit concluded that the U.S. Environmental Protection Agency (EPA) failed to show that its conditional registration of the antimicrobial, nano-silver pesticide product “NSPW-L30SS” (previously “Nanosilva”) is in the public interest and revoked its registration. The case, brought by the Natural Resources Defense Council (NRDC) and the Center for Food Safety (CFS), challenged the approval of the novel nanotechnology which was marketed for use in an unknown number of textiles and plastics. The decision underscores the need for EPA to ensure pesticide products, including nanomaterials, meet the standards of federal pesticide law. According to the Center for Food Safety, the Court’s decision is the first of its kind to address EPA’s responsibilities in issuing conditional registrations of new pesticide products like NSPW-L30SS. In its ruling, the Court ruled that EPA had failed to show that “conditional approval” of NSPW-L30SS as a new pesticide supported a public interest finding by the EPA with substantial evidence. EPA had conditionally registered the controversial pesticide back in 2015. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA can only conditionally register new active ingredients, such nanosilver particles, if EPA […]

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24
May

DuPont Worker Sues Company for Retaliation Over Pesticide Concerns

(Beyond Pesticides, May 24, 2017) A Hawai’i woman is suing her former employer, DuPont Pioneer, stating that the company retaliated against her for bringing up concerns over pesticide safety. Shanbnell Grilho, who worked for DuPont Pioneer on Oahu’s North Shore, alleges the company required her to apply hazardous herbicides without the proper training or protection, and ultimately fired her after fabricating allegations against her. This lawsuit is the latest claim against multinational pesticide companies operating in Hawai’i, which have been at the center of local and state-level disputes over their use of toxic pesticides where Hawai’i residents live, work, and play. In her complaint, Ms. Grilho indicates that she began working at DuPont Pioneer as a temporary employee, during which time she was awarded a raise and named DuPont Pioneer employee of the month. At the time she did not have to apply pesticides. However soon after her award, she was hired as a full time employee and required to work with Roundup, Liberty, and Honcho herbicides, which contain the active ingredients glyphosate, glufosinate, and glyphosate, respectively.  “DuPont Pioneer required plaintiff to apply herbicides and biocides while wearing a backpack sprayer, driving an ATV while applying herbicides with a backpack […]

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18
May

Soft Drink Company Faces Pressure Over Use of Pesticides in its Supply Chain

(Beyond Pesticides, May 18, 2017) A pesticide reduction plan proposed by investors in the Dr. Pepper Snapple Group (DPS) lacks a positive vision that could accomplish the investors’ goals. The shareholder proposal at DPS, which makes Mott’s, 7UP, Snapple, and Canada Dry, was filed by the Green Century Equity Fund, a company that offers environmentally and socially responsible mutual funds, seeks to pressure DPS to reduce toxic pesticide use in its supply chain. According to their press release, the shareholder proposal suggests that DPS “use quantitative metrics to track the amount of pesticides avoided, publish goals to reduce pesticide use or toxicity, and/or provide incentives to growers to minimize the use of pesticides.” However, the shareholder group could better achieve its goals by asking that DPS use certified organic ingredients. Beyond Pesticides has long sought a broad-scale marketplace transition that does not simply reduce or minimize pesticide use, but prohibits the application of toxic synthetic pesticides by law and promotes the widespread transition of conventional farmland to organic production, which is protective of health and the environment. Certified organic production, with its requirement of a detailed organic system plan and methods to foster and improve soil health, achieves the elimination […]

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11
May

Judge Rules that EPA Neonicotinoid Registrations Violated Endangered Species Act

(Beyond Pesticides, May 11, 2017) On Monday, a federal judge in California ruled that the U.S. Environmental Protection Agency (EPA) violated the Endangered Species Act (ESA) when it issued 59 neonicotinoid insecticide registrations between 2007 and 2012 for pesticide products containing clothianidin and thiamethoxam. The original lawsuit against EPA, Ellis v. Housenger, was filed in March 2013, by beekeeper Steve Ellis and a coalition of other beekeepers and environmental groups, including Beyond Pesticides. The 2013 lawsuit focused on the EPA’s failure to protect pollinators from dangerous pesticides and challenged EPA’s oversight of the bee-killing pesticides, clothianidin and thiamethoxam, as well as the agency’s practice of “conditional registration” and labeling deficiencies. According to George Kimbrell, Center for Food Safety’s legal director and the lead plaintiffs’ counsel, “This is a vital victory. Science shows these toxic pesticides harm bees, endangered species and the broader environment. More than fifty years ago, Rachel Carson warned us to avoid such toxic chemicals, and the court’s ruling may bring us one step closer to preventing another Silent Spring.” The judge presiding over the case rejected claims by pesticide producers and their supporters that the plaintiffs failed to establish a causal link between the pesticides and the […]

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20
Apr

International Legal Opinion Details Monsanto’s Violation of Human Rights

(Beyond Pesticides, April 20, 2017) On Tuesday, the judges presiding over the International Monsanto Tribunal presented their legal opinion, delivering conclusions on the multinational corporation’s impact on issues ranging from human rights, food access, environmental health, to scientific research. In addition to Monsanto’s impact on human rights, the judges concluded that if ecocide were recognized as an international criminal law, the corporation would possibly be found guilty. According to the Organic Consumers Association’s press release, one of the organizing groups behind the creation of the Tribunal, “It is likely that the [legal] conclusions will lead to more liability cases against Monsanto and similar companies. This will shine a light on the true cost of production and will affect Monsanto (Bayer) shareholder value in the long run.” The international judges determined that, based on a legal analysis of the questions asked, Monsanto has engaged in practices that have negatively affected the right to a healthy environment, to food, and to health. In addition to these infringement of rights, Monsanto has had a negative effect on the right to freedom indispensable for scientific research with “conduct such as intimidation, discrediting independent scientific research, [and] suborning false research reports.” In the third part of its […]

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16
Apr

Court Grants Temporary Injunction to Endangered Protect Rusty Patch Bumblebee Habitat

(Beyond Pesticides, April 19, 2017) Local activists in Illinois were handed an exciting victory on Monday when a judge granted a temporary restraining order to shut down a construction project due to the presence of the rusty patch bumblebee, a recently listed endangered species. The group Stop Longmeadow, in reference to the Longmeadow Parkway Bridge Corridor project, filed the lawsuit, Case: 1:16-cv-05435, based on the fact that the rusty patch bumblebee has been found in the Brunner Forest Preserve, which borders 5.6 miles of the corridor project. The defendants, including the U.S. Department of Transportation, the U.S. Department of the Interior, and the Forest Preserve District of Kane County, argue that the scheduled construction will not affect bumblebee habitat. The court rejected their position, however, siding in the plaintiffs by finding “the balance of harms weighs in favor of the plaintiffs and against the public’s interest in reduced traffic congestions.” The restraining order was issued by Judge Sharon Coleman in the U.S. District Court for the Northern District of Illinois Eastern Division. Based on the evidence presented by the plaintiff’s motion, Judge Coleman reasoned that “a brief stay to the project is warranted.” She went on to point out that, […]

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07
Apr

Environmental Groups Turn Back to the Courts to Ban Chlorpyrifos

(Beyond Pesticides, April 7, 2017) On Wednesday, Earthjustice, representing the Natural Resources Defense Council (NRDC) and the Pesticide Action Network North America (PANNA) turned to the courts to order the U.S. Environmental Protection Agency (EPA) to ban chlorpyrifos. Their action comes on the heels of EPA Administrator Scott Pruitt’s decision last week to reject the conclusions of EPA scientists and reverse a proposed agency decision to revoke food residue tolerances of chlorpyrifos. In the new petition, the environmental groups assert that, “Because EPA has sidestepped this Court’s orders and failed to act on the substance of the petition, PAN/NRDC respectfully ask the Court to [give] EPA 30 days to act on its findings that chlorpyrifos exposures are unsafe and to establish deadlines for the next steps in the revocation and cancellation process.” In an interview with The Intercept, Patti Goldman, managing attorney of Earthjustice’s Northwest regional office in Seattle, WA, stated that, “It’s outrageous that the new EPA administrator would reject the scientific findings of its own agency and defy the law and court orders to keep this nasty pesticide on the market.” In its most recent analysis of chlorpyrifos, EPA determined that children between one and two years of age […]

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31
Mar

EPA Reverses Course and Allows Continued Use of Highly Neurotoxic Pesticide, Chlorpyrifos

(Beyond Pesticides, March 31, 2017) On Wednesday, Scott Pruitt, the new head of the Environmental Protection Agency (EPA), rejected the conclusions of EPA scientists, and independent scientific literature, and reversed a tentative decision from 2015 to revoke food residue tolerances of chlorpyrifos due to the chemical’s neurotoxic impacts. This would have effectively banned chlorpyrifos from agriculture. This decision stemmed from a petition and lawsuit filed by the Natural Resources Defense Council (NRDC) and Pesticide Action Network North America (PANNA)  ten years ago, calling for EPA to revoke all chlorpyrifos tolerances and cancel all registrations. A Federal Appeals court mandated that EPA take final action by March 31, 2017. Mr. Pruitt’s decision leaves the door open for continued neurotoxic dangers for humans, especially children, who have been shown to be especially vulnerable to chlorpyrifos. Chlorpyrifos is part of the organophosphate (OPs) class of pesticides, which were used in World War II as nerve agents. As potent neurotoxicants, organophosphates are extremely harmful to the nervous system, given that they are cholinesterase inhibitors and bind irreversibly to the active site of an enzyme essential for normal nerve impulse transmission. The scientific evidence of neurotoxic dangers associated with chlorpyrifos exposure is extensive and consistent. Epidemiological data also […]

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