(Beyond Pesticides, September 24, 2015) Seven years after an explosion that killed two factory workers in Institute, West Virginia, Bayer CropScience is facing federal fines. Bayer is the manufacturer of neonicotinoid pesticides that are linked to severe decline in pollinator populations. On Monday, the U.S. Department of Justice (DOJ) and U.S. Environmental Protection Agency (EPA) announced a $5.6 million settlement with Bayer to resolve the 2008 violation of federal chemical  accident prevention laws. As a result, Bayer must commit to spending $4.23 million to improve emergency preparedness and institute response  measures to protect the Kanawha River, pay a $975,000 penalty, and spend approximately $452,000 to implement a series of reforms to improve safety at chemical storage facilities across the United States. On August 28, 2008, a pesticide waste tank exploded inside the Bayer plant, instantly killing one worker and sending another to the hospital where he would eventually die. Although Bayer officials assure the public that the explosion was secure and released no chemicals, residents living near the plant complained of air pollution exposure and related illnesses. The tank contained waste products from thiodicarb, including methyl isobutyl ketone (MIBK), hexane, methomyl, and dimethyl disulfide, all of which are acutely toxic […]

(Beyond Pesticides, September 14, 2015) On Thursday September 10, a federal judge in the U.S. District Court for the Northern District of California, in a bench ruling, rejected the U.S. Department of Agriculture’s (USDA)  motion to dismiss a federal lawsuit (Case3:15-cv-01690) that challenges the National Organic Program’s (NOP) failure to follow proper legal procedures  in making a substantial rule change to the organic standard. This court ruling allows the case to move forward  on the  proper procedure and the importance of formal notice and public comment regarding  the rules for organic food production. The lawsuit, filed earlier this year by the Center for Environmental Health, Beyond Pesticides, and the Center for Food Safety (CFS), challenges the contaminated compost guidance  released by USDA, which weakens the long- standing prohibition of synthetic pesticide contaminants. Prior to the new contaminated compost guidance, organic regulations expressly prohibited fertilizers and compost from containing any synthetic substances not included on organic’s National List of Allowed and Prohibited Substances. Plaintiffs allege that the USDA’s decision weakens the integrity of organic food production, not only by creating inconsistent organic production standards but also by undermining the essential public participation function of organic policy making under the Administrative Procedure […]

(Beyond Pesticides, September 11, 2015) On Thursday, the Ninth Circuit Court of Appeals unequivocally rejected the U.S. Environmental Protection Agency’s (EPA) unconditional registration of the systemic and bee-toxic pesticide sulfoxaflor. The Court concluded that EPA violated federal law and its own regulations when it approved sulfoxaflor without reliable studies regarding the impact that the insecticide would have on honey bee colonies. The Court vacated EPA’s unconditional registration of the chemical, meaning that sulfoxaflor may no longer be used in the U.S. However, while the decision is good news for now, it still leaves the door open for sulfoxaflor’s future use once EPA obtains the necessary information regarding impacts to honey bees and re-approves the insecticide in accordance with law. The case is Pollinator Stewardship Council, American Honey Producers Association, National Honey Bee Advisory Board, American Beekeeping Federation, Thomas Smith, Bret Adee, Jeff Anderson v. U.S. EPA (9th Circuit U.S. Court of Appeals,  No. 13-7234). Dow AgroSciences (a Dow Chemical company)  joined  the case as an intervenor to support EPA. EPA initially proposed to conditionally register sulfoxaflor and requested additional studies to address gaps in the data regarding the pesticide’s effects on bees. A few months later, however, EPA unconditionally registered […]

(Beyond Pesticides, September 10, 2015) Last week, California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) announced that it intended to list glyphosate (Roundup) and three other chemicals as cancer-causing chemicals under California’s  Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Glyphosate  is a phosphanoglycine herbicide that inhibits an enzyme essential to plant growth. Under California law, Proposition 65 requires that certain substances identified by the International View postAgency for Research on Cancer (IARC) be listed as known cancer-causing chemicals. In March, a study by the IARC classified glyphosate as a Group 2A material, which means that the chemical is carcinogenic based on sufficient evidence of carcinogenicity in experimental animals. The agency considered the findings from an EPA Scientific Advisory Panel report, along with several recent studies in making its conclusion. However, industry supporters of glyphosate all over the globe are conducting their own studies to attempt to prove that it is not a carcinogen. These studies, like one by German Federal Institute for Risk Assessments (BfR), are based almost solely on industry science and classified industry reports, each of which might not consider critical variables. With more glyphosate-focused studies being released, the growing evidence […]

(Beyond Pesticides, August 13, 2015) On Monday, a federal appeals court judge mandated that the U.S. Environmental Protection Agency (EPA) respond to a petition filed nearly nine years ago that seeks  to force the agency to restrict  the dangerous insecticide  chlorpyrifos (an organophosphate also known as Dursban). U.S. Court of Appeals Judge for the Ninth Circuit, M. Margaret McKeown,  delivered her opinion on August 10, stating that federal agencies should never practice the “venerable tradition” of putting off statutory requirements  when it comes to human health. The court issued the opinion and order in a lawsuit brought by Earthjustice on behalf of Pesticide Action Network (PAN) and Natural Resources Defense Council (NRDC), and gives EPA until October 31 to finally respond to the petition requesting to ban chlorpyrifos. EPA took a tentative step towards further regulating chlorpyrifos in a July 2015 announcement to ban remaining agricultural uses by April 2016 date. Unhappy with the uncertainty that EPA delivered, the court felt that a mandated deadline would expedite the process. On June 8, 2000, EPA administrator Carol Browner announced a voluntary agreement between the agency and industry leaders, including Dow AgroSciences, to ban all home and garden uses of Dursban, which […]

(Beyond Pesticides, August 12 2015) Last week, the City of Plattsburgh, New York, unanimously approved a policy that encourages city departments and city residents to reduce and eventually eliminate their use of toxic pesticides, such as neonicotinoids and glyphosate. In the same resolution, city residents and department heads are also encouraged to refrain from genetically modified organism (GMO) cultivation, though they recognize there is very little of that taking place within Plattsburgh city limits. While this policy can only be used to discourage the use of pesticides and GMOs, not implement an outright ban, due to preemptive New York state law that occupies the field of pesticide regulation, city officials are hopeful that they will be able to use their influence to implore the state of New York and U.S. legislators to take statewide and nationwide measures on the production of GMO crops and to curb the use of toxic pesticides. The language of the resolution, sponsored by Councilman Mike Kelly, cites the health of honey bees and other insects as one of the main reasons for encouraging citizens to refrain from the use of pesticides in the practice of lawn care and beautification. It also specifically names neonicotinoids as […]

(Beyond Pesticides, August 4, 2015) Nearly every food available for purchase at the U.S. Congressional Dining Hall contains detectable levels of neonicotinoids (neonics), chemical insecticides implicated in the global decline of wild and managed pollinators. The results of a new study, performed by the American Bird Conservancy (ABC) and the Harvard T.H. Chan School of Public Health, reveals how reliance on these toxic chemicals can both directly and indirectly affect  our food supply. Authors of the study hope the results will build Congressional support for the Saving America’s Pollinators Act of 2015, which would suspend the use of neonics while an independent review analyzes the chemical’s effects to birds, pollinators, and other wildlife. Researchers for the study conducted two rounds of food testing, the first in January, and the second in May 2015. Approximately half of samples were taken from the House Longworth Cafeteria and half from Senate Dirksen Cafeteria in Washington, D.C. In total, 66 food samples were tested for the presence of neonicotinoids. Of that, 60, or 91% of samples tested positive for one neonic, and 47, or 71% of samples had two or more neonics present. “We were surprised to find that most foods contained multiple neonicotinoids, […]

(Beyond Pesticides, July 30, 2015) Despite concerns for human and environmental contamination, the U.S. Department of Agriculture (USDA) adds 2,4-D-tolerant cotton, a genetically engineered (GE) crop, to the list of unregulated GE crops, joining 2,4-D resistant corn and soybeans. Last week, the Animal and Plant Health Inspection Service (APHIS) division of USDA released its decision on Dow AgroSciences’ petition to deregulate the 2,4-D resistant GE cotton. The decision was signed off by Michael J. Firko, the Deputy Administrator of Biotechnology Regulatory Services. In September of last year, Deputy Firko also signed the determination paperwork that deregulated GE corn and soybean. The deregulation essentially releases the GE organism from the regulatory requirements of 7 CFR part 340 or the plant pest provisions of the Plant Protection Act. Dow’s GE cotton, part of the Enlist Weed Control System, is resistant to 2,4-D choline, glufosinate, and glyphosate. Growers in the cotton industry have been vying for the GE cotton to enter the market in order to combat herbicide-resistant weeds due to the broad scale use of Monsanto’s RoundUp (glyphosate), which continues to fail across the agricultural industry due to weed resistance. Glyphosate is a phosphanoglycine herbicide that inhibits an enzyme essential to plant […]

(Beyond Pesticides, July 29 2015) The  Safe and Accurate Food Labeling Act of 2015,  H.R. 1599, often referred to as the “DARK” Act or Denying Americans the Right to Know what is in their food, passed the U.S.  House of Representatives last week by a vote of 275-150. Backed largely by House Republicans, the DARK Act makes it harder for the Food and Drug Administration (FDA) to require mandatory national labeling of genetically engineered (GE) organisms and strengthens current policies that allow companies to voluntarily label foods containing GE products, an option they rarely choose to do. The bill also continues to allow misleading “natural” claims for food that contain GE ingredients. Most concerning, however, is the prohibition  that H.R. 1599 would place  on states’ authority to require labeling of GE ingredients in food products, instituting federal  preemption of state and local authority. While the bill was being debated on the floor, co-sponsors Representatives Mike Pompeo (R-KS) and G.K. Butterfield (D-NC) repeatedly cited a lack of scientific evidence that GEs were dangerous to support the passage of the bill, ignoring arguments from the opposition that people should be able to know what is in their food, regardless of whether it […]

(Beyond Pesticides, July 27, 2015) Two Michigan Representatives have introduced the Great Lakes Assurance Program Verification Act (HR 3120) in an effort to halt the pollution of the Great Lakes and other waterways by protecting them from agricultural run-off, which causes dangerous algae blooms ­. While the proposed legislation aims to reduce the effects of pesticides in water, the bill still allows the use of toxic pesticides and fertilizers, and is only a voluntary measure, something that environmentalists says falls short. The bill is sponsored by Candice Miller (R-MI) and co-sponsored by Tim Walberg (R-MI). The bill aims to mimic the state program Michigan Agriculture Environmental Assurance Program (MAEAP). Adopted in 1999, the MAEAP is a voluntary three-phase program that provides “on-farm verification to ensure the farmer has implemented environmentally sound practices.” This raises two concerns: lack of incentive for farmers to join the program and ambiguous language defining what environmentally sound means. The results of MAEAP are the driving force in the fight for federal Great Lakes legislation, but those numbers do not necessarily speak for themselves. A major goal of the MAEAP is the Farmstead System which, “focuses primarily on protecting surface and ground water” through the safe […]

(Beyond Pesticides, July 17, 2015) The U.S. House of Representatives may pass a bill against the labeling of genetically-engineered (GE) food before the end of July. The House could vote as early as next week on a bill to preempt states from requiring labels on food made with GE ingredients. Backers say that the passage of the bill, HR 1599, named the Safe and Accurate Food Labeling Act of 2015, but referred to by critics as the DARK (Deny Americans the Right to Know) Act, seems assured, after speedy committee approval of the legislation. The Agriculture Committee, a quarter of whose members are cosponsors of the bill, approved an updated version on a voice vote during a session that ran less than 20 minutes. Only two members spoke against it. The legislation, reintroduced in March by Reps. Mike Pompeo (R-KS) and G.K. Butterfield (D-NC), will maintain secrecy  about GE ingredients in food, and would block both the Food and Drug Administration (FDA) and individual states from requiring GE food labels, but allow voluntary labeling standards. The bill also has a provision that seeks to create a federal certification process for voluntary non-GE labels, now rendered moot by the U.S. Department […]

(Beyond Pesticides, July 10, 2015) The Connecticut General Assembly last week passed legislation banning toxic lawn pesticides on municipal playgrounds, effective October 1, 2015. In the omnibus budget implementation  Bill 1502  at Section 448  (p.563 at line 17579). The bill  also improves the existing parents’ pesticide notification system by requiring school districts to provide at least 24-hour electronic notification any time a pesticide application is schedule to occur on school property (Secs. 445 and 446), as well as requiring and tracking the use of pesticides and integrated pest management (IPM) methods to reduce pesticide use on state properties (Sec. 449). “As we have recognized for many years in Connecticut, children are particularly endangered by pesticides — because these chemicals accumulate in kids’ growing bodies faster than for the rest of us,” said Rep. Andrew Fleischmann, House Chairman of the Education Committee, which drafted the 2005 and 2009 laws prohibiting pesticide use on school fields.    “This measure represents a great step forward for our state, safeguarding our children from these toxic chemicals on town playgrounds — and ensuring that parents get notice when pesticides are used at public schools,” he added. “Time and time again pesticides have been shown to […]

(Beyond Pesticides, July 9, 2015) Last week, a federal judge ruled that a voter-passed ban on the cultivation of genetically engineered (GE) crops in Maui is preempted by federal and state law, and is invalid. According to the SHAKA Movement legal counsel, the decision, at least temporarily, invalidates a local ordinance that sought to protect against serious harms caused by these practices, and ignores the harms to Maui county and the Hawaii Constitutional mandate placing obligations and duties on the counties to protect the natural environment. In addition to the SHAKA Movement, Center for Food Safety and Earthjustice have pledged to appeal the decision. “The District Court’s ruling is a big blow to Maui County voters that adopted this ordinance, given the dangers involved with GMO operations,” said  SHAKA spokesperson Mark Sheehan, PhD, who was also one of the five citizens who sponsored the ballot initiative. “We do intend to appeal this decision and are hopeful that the 9th Circuit will recognize the impact that today’s ruling has on the community.” In November 2014, Maui residents passed a ballot initiative prohibiting the growth, testing or cultivation of GE crops in Maui County until an environmental and public health study can […]

(Beyond Pesticides, July 2, 2015) A report released this week by Friends of the Earth exposes the exorbitant amount of money food and agrochemical companies have spent over the past several years to defend industrial agriculture, sway public opinion, and influence elected officials. The report shines light on the both the tactics these companies use and the lengths to which they are willing to go to defuse public concern about the risks of chemical-intensive industrial agriculture and to undermine the reputation of organic food. Hundreds of millions of dollars were spent from 2009-2013 on communication efforts to spin the media and drive consumer behavior, often using front groups that appear in the media to be independent sources, but are in fact funded by the interests of the industrial food sector. This report is an important link in shaping public conversation about food and influencing consumers to think twice about where the information they’re being fed is coming from, and who might be paying for it. When explaining the motivation behind writing the report, Anna Lappé, one of the co-authors and a national bestselling author and founder of the Real Food Media Project, states that, “The food industry is using a […]

(Beyond Pesticides, July 1, 2015) — SoftSoap manufacturer, Colgate-Palmolive Co., has agreed to pay $2 million to settle a class action suit that alleged  the company misled consumers into thinking its brand of Softsoap Antibacterial liquid hand soaps killed most common germs, when in fact they do not, according to documents filed in New Hampshire federal court. After years in court, Colgate Palmolive decided to settle “in order to avoid the cost and uncertainty of continued litigation.” Triclosan’s use in hand soap has been shown to be no more effective than regular soap and water. Its links to public health hazards, including endocrine disruption, antibacterial resistance, and water contamination, has raised the question of its necessity in over the counter consumer products, given the hazards. Triclosan, an antimicrobial pesticide used in many “antibacterial” hand soaps, as well as thousands of other consumer goods, such as toothpaste, cosmetics, and treated plastics and textiles, has been marketed as a ”˜germ killer.’ However, its efficacy has been called into question by several agencies and independent studies. In fact, a U.S. Food and Drug Administration (FDA) Advisory Committee, and the American Medical Association both find that there is no evidence that triclosan is effective […]

(Beyond Pesticides, June 30, 2015) As the Monarch butterfly suffers serious decline, the U.S. Environmental Protection Agency (EPA) is considering  the role of  herbicides in killing the iconic species’ food source, milkweed, and developing an action plan that may fall short. The agency identified possible action that it may take to slow the Monarchs’ decline in a document released last week entitled Risk Management Approach to Identifying Options for Protecting the Monarch Butterfly (Monarch Approach document). EPA’s approach to Monarch conservation comes shortly after the White House released its National Pollinator Health Strategy, intended to “reverse pollinator losses and help restore populations to healthy levels.” The U.S. Fish and Wildlife Service is also in the midst of conducting a review of the Monarch butterfly to determine whether the species is eligible for protection under the Endangered Species Act. The number of Monarchs reaching their winter breeding grounds in Mexico has fallen by 90% in less than 20 years. This year’s population was the second lowest since surveys began two decades ago. The critical driver of this decline has been linked to the loss of milkweed, the only plant on which Monarchs will lay their eggs, along their migration route, which […]

(Beyond Pesticides, June 26, 2015) The agency responsible for chemical oversight in the European Union announced today that the antibacterial pesticide, triclosan, is toxic and bioaccumulative, and will be phased-out for hygienic uses and replaced by more suitable alternatives. According to the European Chemicals Agency (ECHA), “[N]o safe use could be demonstrated for the proposed use of Triclosan.” This decision has renewed calls for the U.S. Food and Drug Administration (FDA) and U.S. Environmental Protection Agency (EPA) to remove the chemical from the consumer market. EPA in May rejected a consumer petition that asked the agency to ban triclosan. “We applaud this step to protect public health and the environment,” said Jay Feldman, executive director, Beyond Pesticides. The ECHA opinion states that, “Risk was identified for both surface water and for the non-compartment specific effects relevant to the food chain (secondary poisoning).” ECHA believes that any further risk mitigation for triclosan is “not considered realistic.” Triclosan is an antimicrobial pesticide used in cosmetics, personal care products and treated plastics and textiles. It has been linked to hormone disrupting effects, bacterial and antibiotic resistance, cancer, and impacts on aquatic organisms. The chemical’s widespread consumer use raises concerns over necessity and efficacy. […]

(Beyond Pesticides, June 25, 2015) The U.S Environmental Protection Agency (EPA) announced Tuesday that it will analyze the effects of two of the most commonly used pesticides in the United States, glyphosate and atrazine, along with atrazine chemical-cousins propazine and simazine, for their impacts on 1,500 endangered plants and animals. The announcement marks an agreement between EPA and Center for Biological Diversity (CBD) on a proposed settlement amending a 2010 court order that  established a schedule to complete effects determinations for 75 chemicals on 11 species in the San Francisco (SF) Bay Area. According to EPA, 59 of the 75 pesticides have been evaluated and subject to  effects determinations, however for the remaining 16 pesticides, EPA and CBD agreed that it would be more efficient and environmentally significant to complete nationwide effects determinations, rather than limit their focus to the SF bay area listed species. The agency has committed to completing the assessments by June 2020. The initial lawsuit was filed by CBD in May 2007 against EPA for violating the Endangered Species Act by registering and allowing the use of scores of toxic pesticides in habitats for 11 San Francisco Bay Area endangered species without determining whether the chemicals […]

(Beyond Pesticides, June 19, 2015) A new study directly links exposure to dichlorodiphenyltrichloroethane (DDT) in utero to the development of breast cancer later in life. Published in the Journal of Clinical Endocrinology and Metabolism, the study looked at data that were taken from a California program that  evaluated  samples from women during 1960s, when DDT use was popular. DDT is known to be an endocrine disruptor, and is linked to serious health effects. Although DDT has been banned for many years, residues still linger in certain areas of the U.S. and continue to cause environmental and health hazards. The recent study, titled DDT Exposure in Utero and Breast Cancer,  focuses on 118 mothers who were members of Kaiser Foundation Health Plan from 1959-1967 and had daughters that were diagnosed with breast cancer by their 50s. Stored blood samples from these mothers gave researchers an idea of how much DDT they were exposed to during pregnancy or soon after giving birth. They found that elevated levels of DDT in the mother’s blood led to a four-fold increase in the daughter’s risk of developing breast cancer. Among those with cancer, 83% had a form of cancer called estrogen positive breast cancer, which […]

(Beyond Pesticides, June 10, 2015) Activists and concerned parents have been working for years in Connecticut to extend the current prohibition of pesticide use on daycare centers and K-8 school grounds to include high schools, athletic fields, municipal parks and town land. Now, the state Senate approved legislation to ban pesticides from public playgrounds, but there will still be no extension of the ban on high school lawns or fields under the bill language. Activists claim a partial victory and vow to continue working on a full ban, despite heavy opposition from industry forces. Connecticut was the first state to prohibit the use of toxic pesticides at K-8 schools and daycare centers, but high schools, athletic fields, parks and playgrounds were exempted from the ban. On May 27, 2015, a bipartisan bill (SB366) extending the ban to public playgrounds passed the Senate 34-2 and now goes to the House. The new legislation would extend the ban to municipal playgrounds, except for situations that the authors say could threaten human health, such as hornet nests or tick infestations. The bill also calls for parents of high school students to be promptly notified by email of any pesticide applications at schools. Additionally, […]

(Beyond Pesticides, June 05, 2015) A new federal bill was introduced Wednesday that, if passed, would undermine the U.S. Environmental Protection Agency’s (EPA) authority to issue Clean Water Act permits for pesticide spraying over waterways. Titled the Sensible Environmental Protection Act  and introduced by Senators Mike Crapo (R-Idaho) and Claire McCaskill (D-Mo), this new bill would reverse a 2009 federal court decision in National Cotton Council v. EPA that directed EPA to require permits from applicators who spray over “navigable waters,” as outlined in the Clean Water Act (CWA). The bill’s authors claim that the need for water permits is duplicative, given that pesticide applicators also comply with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the law that requires applicators to follow instructions on pesticide labels. “This issue is a prime example of an unnecessary, duplicative federal regulation impacting a variety of stakeholders in Idaho and across the nation that must be fixed,” Senator Crapo said in a statement.  “Our rural communities are already under a substantial amount of financial strain and regulatory pressure and are looking to Congress for much-needed relief.” Contrary to  Senator  Crapo’s claims, the  CWA permit serves as a valuable tool that lets authorities know […]

(Beyond Pesticides, June 3, 2015) After years of campaigning by local activists and a lawsuit filed by parents citing discriminatory practices from policies that led to disproportionate exposure of Latino children to pesticides, the California Department of Pesticide Regulation (CDPR) will now seek to gather input from stakeholders to determine what measures are appropriate to enhance protection of California’s schoolchildren. Given that Latino children are more likely to attend schools near areas with the highest use of pesticides of concern, and California’s pesticide use has actually increased over recent years, the state will need strong restrictive policies to provide any meaningful protections for school children. According to CDPR, the agency will hold five  workshops from May 28 – June 9 2015 to gather input that will later help craft a statewide regulation on  pesticide use near schools, with a focus  on improving school pesticide notification procedures and reducing the risk of exposure. In California, many schools have been built on prime agricultural land next to farm operations. While there are currently state regulations on the use of individual pesticides, CDPR’s regulatory framework for restricted pesticides also allows for the establishment of additional rules to address local conditions. However, existing rules […]

(Beyond Pesticides, June 2, 2015) A federal judge released a ruling Friday rejecting a request by two alfalfa farms to overturn the ban on GE crops in Jackson County, Oregon. In his decision, U.S. Magistrate Judge Mark Clarke found the ban on GE crops is not preempted by the state’s Right to Farm Act, thereby allowing the ordinance to become effective on June 5. The ordinance, which bans the cultivation, production and distribution of GE crops within the county passed overwhelmingly last May with 66 percent support. This decision is an important victory for farmers of organic and non-genetically engineered crops, who constantly struggle with the threat of GE contamination. “We have always felt this was a strong case,” explained Tom Buchele, attorney with Earthrise Law Center, “but it was very encouraging to get such a strong and well-written opinion that affirms what we have argued since the beginning: communities have the ability under the Right to Farm Act to protect traditional agricultural crops from contamination from GMOs.” Magistrate Judge Clarke rejected the legal challenge by two GE alfalfa growers, Schulz Family Farms and James and Marilyn Frink, who claimed that the Jackson County GE crop ban violated Oregon’s Right […]