(Beyond Pesticides, February 12, 2015) Oregon Senator Michael Dembrow (D-Portland) and Representative Ann Liniger (D-Lake Oswego) introduced a bill on Tuesday targeting the loosely regulated aerial pesticide spraying practices of the Oregon timber industry. The bill will establish residential, school, drinking water, and fish habitat buffers zones, require timely notification of spraying and controlled burns for nearby residents, increase record keeping requirements, establish protected areas where pesticide spraying is prohibited, and grant investigative and enforcement authority to the Oregon Health Authority in cases of human pesticide exposure. Development of the bill grew out of a series of incidents across Oregon involving residential pesticide exposure and poisoning from aerial spraying of forest lands. The main incident, which spurred state-wide outrage and investigations into the pesticide regulation and enforcement practices of the Oregon Department of Agriculture (ODA), involved Curry County residents who complained of pesticide exposure after witnessing aerial spraying near their homes. After pressure from local residents, investigative reporters, and environmental groups, ODA was ordered to publicly disclose pesticide records. It was found that the pesticides being sprayed were 2,4-D and triclopyr  ””information that conflicted with previous statements and reports and adding to the trend of opaque and lackluster ODA enforcement […]

(February 9, 2015, Beyond Pesticides) A report, Monarchs in Peril: Herbicide-Resistant Crops and the Decline of Monarch Butterflies in North America, released by Center for Food Safety (CFS) last week, reveals the devastating  impact of Monsanto’s and the nation’s biggest selling herbicide, Roundup (glyphosate), on the survival  of monarch butterflies. The herbicide is  used to treat  millions of acres of herbicide-tolerant  genetically engineered (GE) crops, eliminating the monarchs’ sole source  of food, milkweed, and approaching  a collapse of their population, which has plummeted over the past 20  years. The report cites findings that  glyphosate use on Roundup Ready  (glyphosate-tolerant) crops has nearly eradicated milkweed around farmland in the monarchs’ vital midwest breeding ground. At the urging of scientists and public interest groups, the U.S. Fish and Wildlife Service (FWS) is currently considering listing the monarch as a threatened species under the Endangered Species Act (ESA). “This report is a wake-up call. This iconic species is on the verge of extinction because of Monsanto’s Roundup Ready crop system,” said Andrew Kimbrell, executive director at Center for Food Safety. “To let the monarch butterfly die out in order to allow Monsanto to sell its signature herbicide for a few more years is […]

(Beyond Pesticides, February 4, 2015)    In the face of a challenge from the chemical industry, Hawaii’s Maui County will not defend a moratorium on genetically engineered (GE) farming that was passed by county voters last fall. Seeking to have the moratorium thrown out, industry giants Monsanto, Dow-owned Agrigenetics and others sued Maui days after the measure was passed.   It was expected that the county would defend the law in the courts, but to the disappointment of many, attorneys for Maui County filed a single sentence brief with the court, stating that it “is taking no position.” 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 show that the planting operations are safe for the community. Now residents and local groups supporting the new law are expressing outrage and disappointment over the decision by Maui County to disregard its duty to defend a law passed by its citizens, despite earlier assurances that county will implement the moratorium. Maui County spokesman Rod Antone said that the outrage from activists groups is misplaced. In December, the court allowed the local group, […]

(Beyond Pesticides, January 23, 2015) Pesticide-centered Program Approved Despite 30,000 Opposition Letters. Eleven groups, including Beyond Pesticides and the City of Berkeley, sued the California Department of Food and Agriculture yesterday over the agency’s approval of a statewide “pest management” plan that allows pesticide spraying on schools, organic farms and residential yards, including aerial spraying over homes in rural areas. California regulators approved the program despite tens of thousands of public comment letters calling for a less toxic approach that would protect the vitality and resilience of the state’s food system and the economic interests of organic farmers. “Environmental review laws are there to prevent abuses,” says Jay Feldman, Executive Director of Beyond Pesticides, “Agencies cannot make unilateral decisions to ignore mandatory health and environmental safety standards.” “The state offers no evidence to support its conclusion that this pesticide-centered program will have no effect on our health,” said Debbie Friedman, cofounder of MOMS Advocating Sustainability. “As a parent, I am particularly disturbed that health risks of pesticide residues for children aged two and under are dismissed based on the absurd reasoning that infants spend most of their time indoors.” The approved program allows the state to use, without any additional […]

(Beyond Pesticides, January 21, 2015) Public Service Enterprise Group Incorporated (PSEG) Long Island and Long Island Power Authority (LIPA) filed suit against the Town of North Hempstead, New York on Thursday, seeking to impede a 2014 ordinance requiring utility companies to post warning signs on utility poles treated with the hazardous chemical pentachlorophenol (PCP).  The chemical has been listed as a possible carcinogen, is typically contaminated with various forms of dioxins and furans —known carcinogens that persist in the environment. The ordinance, passed in fall 2014, requires warning labels on utility poles  that are treated with the hazardous wood preservative  PCP. The warning states:  “This pole contains a hazardous chemical. Avoid prolonged direct contact with this pole. Wash hands or other exposed areas thoroughly if contact is made.”  PCP is highly toxic and has been listed as a possible carcinogen by national and international agencies. Concerns  have been raised throughout the years over the U.S. Environmental Protection Agency’s (EPA) continued registration of PCP in the U.S. despite having been banned in all European Union member states, China, India, New Zealand, Indonesia, and Russia. The suit, filed in the U.S. District Court in Central Islip, asserts that the law violates the […]

(Beyond Pesticides, January 13, 2015) Over a decade after consumer opposition halted multinational agrichemical business Monsanto’s plans to develop genetically engineered (GE) herbicide-resistant wheat, the company is trying again. This time, Monsanto’s goal is to create wheat that is resistant to three different herbicides; glyphosate, glufosinate, and dicamba. Although over 90% of corn, soybean, and cotton grown in the United States are GE, no GE wheat is currently allowed to be planted. In 2013, a farmer in Oregon discovered the presence of Monsanto’s original Roundup-Ready wheat, developed to be resistant to glyphosate, in his field despite the company’s plans to abandon the strain and claims to have destroyed the crop  a decade earlier. The company had restarted extensive field trials back in 2011. An investigation by the U.S. Department of Agriculture (USDA) determined that the contamination was an “isolated incident.” It was unable to determine exactly how the wheat came to grow in the Oregon farmer’s field. However, shortly after the agency closed its investigation, another farmer in Montana detected the GE strain in his wheat fields. The recurrence of this incident reveals the contamination event not to be an isolated incident. It instead demonstrates the threat that these crops […]

(Beyond Pesticides, January 6, 2015) At the close of 2014, the U.S. Fish and Wildlife Service (FWS) announced plans to conduct a year-long status review of the monarch butterfly to determine whether the species is eligible for protection under the Endangered Species Act (ESA). FWS is taking this action as result of an August 2014 legal petition filed by health and environmental groups that presented substantial information indicating that listing under the ESA may be warranted. In November 2014, Beyond Pesticides joined over 200 environmental groups and businesses in a letter asking for federal protection for monarch butterflies in the wake of shocking declines. The North American monarch butterfly population fell by 90 percent in the past 20 years, dropping from a high of approximately  one billion in the mid-1990s to fewer than 35 million butterflies in the winter of 2013-2014— the lowest number ever recorded. Each year monarch butterflies travel over 2,000 miles between Canada, the U.S., and Mexico, across multiple generations, to reach their winter hibernation grounds in late October. As FWS indicates, this journey has become “more perilous for many monarchs” due to threats along their migratory paths. Scientists believe the butterfly’s decline is being driven in […]

(Beyond Pesticides, January 5, 2015) Hawai’i County plans to appeal a federal judge’s ruling invalidating a 2013 county law restricting genetically engineered (GE) crops on the island. The County Council voted 5-4 in December to appeal the ruling after the judge ruled last November that Hawai’i County cannot enforce a law restricting genetically engineered crops because it is preempted by state law. The ruling follows a similar federal court decision in August 2014 that overrules a Kauai ordinance requiring annual reporting of genetically engineered organisms. U.S. Magistrate Judge Barry Kurren’s order is similar to his earlier decision invalidating Kauai County’s law on pesticides and GE crops. Judge Kurren invalidated the county law, Hawai`i County Ordinance 13-121, in a Nov. 27, 2014 order, saying state law preempts county law on the issue. He said lawmakers intended the state to have broad oversight of agricultural issues in Hawai’i. The November 2014 decision concludes that state “preemption” of the county ordinance is implied by state plant laws, despite the fact none of them mention GE crops or were intended to regulate them. The court refused a request to send the state law question to the Hawai’i Supreme Court  for a  decision. Finally, the […]

(Beyond Pesticides, December 22, 2014) Stunning aerial photographs of certified  organic farms taken in an investigation launched by The Cornucopia Institute reveal industrial-scale operations housing thousands of animals in cramped conditions with no access to the outdoors. Access to pasture for ruminants like dairy cows is required under National Organic Program (NOP) regulations, and all livestock certified organic must have a means of reaching the outdoors year-round. “The vast majority of these massive, industrial-scale facilities, some managing 10,000-20,000 head of cattle, and upwards of 1 million laying hens, had 100% of their animals confined in giant buildings or feedlots,” said Mark Kastel, Senior Farm Policy Analyst at the Wisconsin-based Cornucopia Institute, which has filed a legal complaint against 14 livestock operations it alleges are illegally marketing themselves as organic. It is important to note that not all organic farms house their animals in conditions seen in the aerial photographs. “Many of our dairy farmer-members have animals, they truly care for, that have names, not numbers,” Kastel explained. However, environmental and consumer groups have been sounding an alarm over the increased dependency many larger industry-owned farms have developed  on synthetic inputs temporarily allowed in organic production. These practices undermine the values […]

(Beyond Pesticides, December 19, 2014) Citing concerns over health risks, Governor Andrew M. Cuomo and his administration announced Wednesday that it would ban hydraulic fracturing, also known as “fracking,” in New York state, thus becoming the first state with significant natural-gas resources to ban the practice. Fracking is a method of extracting natural gas from deep in the ground by injecting a mixture of water, sand, and toxic chemicals ””including biocides to control biological activity”” under high pressure into dense rock formations, such as shale, in order to crack the rock and release the gas. The announcement to ban fracking came alongside a long-awaited health study. The study, made public during a year-end cabinet meeting convened by the governor in Albany, found “significant public health risks” associated with fracking. The study also considers the effects of biocide use in the fracking process, such as reduced microbial diversity and enhanced tolerance from chemicals like glutaraldehyde, a strong irritant. Hydraulic fracking operations use biocides because microbes, which are present beneath the surface of the earth, can interfere with the flow of gas in the pipelines. Sandra Steingraber, Ph.D., an ecologist and author, explained the possible role of these microbes and the use […]

(Beyond Pesticides, December 18, 2014) Beyond Pesticides joined Center for Food Safety (CFS) in filing a lawsuit late Tuesday against the U.S. Environmental Protection Agency (EPA) over the agency’s failure to regulate novel nanomaterial pesticides. In 2008 more than 13 organizations  filed a legal petition demanding the agency take action on this nanomaterial issues. Tuesday’s lawsuit challenges the agency for its failure to answer their petition while the proliferation of nanomaterials in consumer products continues unabated. “It is unfortunate that it takes a lawsuit to get EPA to carry out its responsibility to regulate nano-silver for its toxic pesticidal properties and broad exposure patterns through consumer and personal care products,” said Jay Feldman, executive director of Beyond Pesticides. “Like any toxic pesticide, nano-silver must be subject to the full force of the law and label restrictions intended to protect people’s health and the environment,” Mr. Feldman said. Nanotechnology is a platform technology for manipulating materials at the atomic and molecular level; manufactured nanomaterials are so small that they cannot be seen with an ordinary microscope. For comparison, a strand of human hair is 50,000 to 80,000 nanometers wide. Yet “nano” means more than just tiny; it means materials that have […]

(Beyond Pesticides, December 17, 2014)   Supporters of an Oregon ballot initiative requiring labels on genetically-engineered (GE) food acknowledged defeat last Thursday after an automatic recount failed to change the results of November’s vote and a judge denied their plea for a count of rejected ballots. Advocates expressed deep disappointment that a Monsanto led multi-million dollar opposition campaign narrowly defeated the Oregon ballot initiative even after an emergency lawsuit was filed to prevent the rejection of over 4,000 votes due to non-fraudulent discrepancies. Measure 92 lost by a narrow margin in November elections, triggering a recount and making it the closest statewide election in Oregon history. Measure 92 would have required manufacturers, retailers, and suppliers to clearly label all genetically-engineered foods or ingredients in raw or packaged items. It was defeated by only 812 votes out of 1.5 million. The automatic recount is pursuant to Oregon voting law, but the new tally showed that the measure lost by just 0.056 percent. On December 8, 2014, an emergency lawsuit was filed by the Yes on 92 Campaign in order to prevent over 4,000 votes from being thrown out by state officials due to non-fraudulent discrepancies in voter signatures.   The judge […]

(Beyond Pesticides, December 10, 2014) Emmanuel Giboulot, an organic winemaker in Burgundy, France, cheered ‘victory for people power’ after his conviction for refusing to spray his vines with pesticides was overturned. Mr. Giboulot refused to comply with a government order mandating vineyards be sprayed to control flavescence dorée disease, citing that it was not an immediate threat in his region, and that pesticides posed more harm than good. His resolve against systemic, prophylactic pesticide spraying won broad support across the globe. In the spring of 2013, all wine producers in Burgundy were ordered to spray pesticides on their vines to fight flavescence dorée, a bacterial disease spread by the leaf hopper, Scaphoideus titanus. But Mr. Giboulot produces high-quality organic or “bio-dynamic” red and white wines from 35 acres of vines under the appellations “Côte de Beaune” and “Haute Côte de Nuits.” He refused to obey the pesticide order on the grounds that the disease was not an immediate threat in his region, the pesticide recommended to be sprayed was ineffective and damaging to pollinating insects such as bees, and the disease can be fought via more natural means. After defying an official order to treat his vineyard, Mr. Giboulot was […]

(Beyond Pesticides, December 2, 2014) Last week, the government of Ontario, Canada proposed a plan to reduce the use of neonicotinoid (neonic)-treated corn and soybean seeds by 80% as part of a broad initiative to improve pollinator health. It sets a goal of reducing over-winter honey bee deaths to 15% by 2020, and calls for the development of a comprehensive Pollinator Health Action Plan. To address the regulation of treated seeds, Ontario’s pollinator health proposal recommends the creation a new class of pesticides to include seeds treated with pesticides. The government would then restrict the sale and use of neonic-treated corn and soybean seed. In the U.S., EPA establishes the “treated article exemption” (40 CFR 152.25(a))  as  limiting its ability to regulate  seeds, under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA),  that act  as  toxic pesticides when applied to agricultural fields and landscapes. According to  EPA, the treated article exemption,  “allows an exemption for: An article or a substance treated with or containing a pesticide to protect the article or substance itself (for example, paint treated with a pesticide to protect the paint coating, or wood products treated to protect the wood against insects or fungus infestation), if the […]

(Beyond Pesticides, November 24, 2014) Last Wednesday, a special Task Force on Pollinator Health in Oregon delivered a series of recommendations to the Oregon legislature on how to help the state’s honey bees, native bees, and other pollinators,but failed to address the clear threat that neonicotinoid insecticides pose to pollinators. Because the task force only prioritized consensus recommendations, groups representing pesticide manufacturers, retailers, and the nursery industry were able to stifle advice on protecting pollinators from highly toxic, long-lived systemic neonicotinoids and other potential pesticide threats. Instead, the consensus decisions include: expansion of outreach and education, supporting new research, and increasing pollinator habitat. Five of the eight voting members also supported targeted oversight of pesticide use. According to Xerces Society, one of the conservationist members of the task force, industry’s opposition to targeted oversight of pesticide use stood  in stark contrast with the scientist, master gardener, beekeeper and conservationists on the task force. Actions opposed only by industry representatives include requiring a pesticide applicator’s license for anyone who regularly uses pesticides as part of his or her job, halting the use of two highly toxic, long-lived neonicotinoid insecticides (clothianidin and thiamethoxam) on linden trees, and increasing consumer awareness about whether […]

(Beyond Pesticides, November 19, 2014) A group of doctors and nurses is urging the Ontario government to ban neonicotinoid pesticides, blamed for the decline of bees and other insect pollinators. As Canada’s first neonicotinoid campaign organized by doctors and nurses, the Canadian Association of Physicians for the Environment and the Registered Nurses’ Association of Ontario say that these pesticides are a “major threat to both nature and people.” The doctors and nurses in Ontario, Canada, now urging the province to ban the pesticides adds to growing pressure on the Ontario government to take action on neonicotinoids (neonics), the insecticide class of chemicals linked to the deaths of bees across Canada and the U.S. Central to the initiative is an advertising buy which starts this week on the Toronto subway system. The ads show an anxious child beneath the caption, ”˜Doctors and Nurses say neonic pesticides hurt our bees and us.’ The Canadian Association of Physicians for the Environment (CAPE) and the Registered Nurses Association of Ontario (RNAO) also plan to meet with the Ontario Environment Minister, Glen Murray, later this year  to urge the government to ban the chemicals. CAPE is the campaign’s main funder, with contributions from David Suzuki […]

(Beyond Pesticides, November 17, 2014) In anticipation of the lawsuit by agrichemical giants following a newly passed initiative to suspend the planting of genetically engineered (GE) crops in Maui, five residents preemptively filed a lawsuit last Wednesday, November 12 beating their opponents by one day. The moratorium is only a temporary measure that bans GE crops until the county analyzes the public health and environmental effects, and it is deemed safe. Yet, despite this Monsanto, along with Dow AgroSciences, the Maui Farm Bureau and other businesses filed their own lawsuit against the county Thursday, November 13 saying that  the “referendum is invalid and contrary to long established state and federal laws that support both the safety and lawful testing and planting of GMO plants.” Maui County residents Dr. Lorrin Pang, Mark Sheehan, Lei’ohu Ryder, Bonnie Marsh and Alika Atay, along with the Shaka Movement, filed their lawsuit in the Second Circuit court in Hawaii against the county, Monsanto and Dow AgroSciences. The lawsuit seeks to assure transparency and influence over the implementation of the initiative, in light of the enormous amount of money that the ag companies have poured into the county in an attempt to beat the initiative. According […]

(Beyond Pesticides, November 14, 2014) In the face of staggering declines of monarch butterflies, more than 40 leading scientists and 200 organizations and businesses this week urged the Secretary of the Department of the Interior, Sally Jewell, to protect these butterflies under the Endangered Species Act (ESA). These groups and scientists are supporting the formal petition to the U.S. Fish and Wildlife Service (FWS) submitted this summer, which seeks federal protection for monarch butterflies. Forty scientists from around the U.S. and Mexico signed on to a letter requesting protected status for the butterflies and for FWS to recognize the importance of continued research by scientists and citizen scientists in understanding and conserving the monarch butterfly and its habitat. The scientists also request FWS to streamline the permitting process, so that scientific and conservation research and citizen science activities are encouraged rather than deterred by a listing. In a separate letter, over 200 environmental groups and businesses called on FWS to take swift and effective action by granting the monarch butterfly protection as a threatened species under the ESA. Both letters come in support of a formal petition to FWS seeking federal protection for monarchs. The petition was filed in August […]

(Beyond Pesticides, November 12, 2014) The Oregon Department of Agriculture (ODA) has issued two civil penalties totaling $16,000 in connection with a pesticide application of imidacloprid, a chemical in the neonicotinoid class of insecticides connected to widespread bee decline, this summer that resulted in the death of nearly 1,000 bees at a Eugene apartment complex. Although ODA is taking actions to address pollinator protection, the frequent and continued occurrence of pesticide-related bee deaths indicates that current laws still fall woefully short of preventing these incidences. ODA’s Pesticide Program conducted an investigation that determined that Glass Tree Care and Spray Service, Inc. and its pesticide applicator violated Oregon’s pesticide control law through gross negligence. ODA is authorized to issue a civil penalty of up to $10,000 for violations that are the result of gross negligence, the maximum in this case issued to the company, a commercial pest control  operator based in Eugene. In addition, the applicator, James P. Mischkot, Jr., was issued a $6,000 civil penalty. When the incident in Eugene occurred, the trees were in full bloom and attracting pollinators.  In this case, ODA determined that the company and its applicator knew or should have known of this standard of […]

(Beyond Pesticides, November 7, 2014) Environmental organizations are calling on the Canadian government to  reject the approval of yet another bee-killing pesticide called flupyradifurone. According to Health Canada’s Pest Management Regulatory Agency (PMRA) —responsible for regulating pesticides in Canada— the new pesticide exhibits systemic behavior and “may pose a risk to bees, non-target beneficial arthropods, and freshwater and saltwater invertebrates when used for foliar application.” Additionally, the pesticide “may pose a risk to birds and small wild mammals when used for soybean seed treatment.”  Environmentalists say approval of  flupyradifurone would be irresponsible of PMRA because it would allow yet another chemical with a high potential hazard to bee health into the environment. Environmental groups, including Sierra Club Canada Foundation, David Suzuki Foundation, Pollination Canada, National Farmers Union, Friends of the Earth, and Canadian Association of Physicians for the Environment, have been vocal in expressing their concern about flupyradifurone: “Health Canada has admitted the use of neonicotinoid pesticides threatens bees and other pollinators and has promised a review, but meanwhile wants to open the door to its chemical cousin. Is the government taking the threat of systemic pesticides seriously?” said Lisa Gue, a researcher and analyst at David Suzuki Foundation. Karen […]

(Beyond Pesticides, November 6, 2014) A mixed day for environmental and public health advocates everywhere, election day, November 4, 2014, brought victories and setbacks. While campaigns to  advance public health and environmental protections faltered, as did  supportive candidates, bright spots did poke through,  leading the way forward for future grassroots efforts. Ogunquit, Maine Pesticide Ban Small but determined, the town of Ogunquit, Maine re-passed an ordinance banning the use of synthetic pesticides and fertilizers on private property. Residents voted 444 to 297 in favor of the ban, sending an even stronger second-time approval of the initiative. The town passed a nearly identical ordinance earlier this year in June, however, it was decided that a procedural glitch of failing to notify the state’s pesticide board before passage of the ordinance, as well as a lack of agricultural exemptions, should be corrected through an amended ordinance and revote. The now double-confirmed law expands on existing pesticide use restrictions on town-owned property. The passage of this ordinance positions Ogunquit as a leader in the state for environmental sustainability and the protection of public health, and supports the Ogunquit Conservation Commission’s goals to ensure that the town’s popular beaches are clean and healthy for […]

(Beyond Pesticides, November 5, 2014) New research from Pennsylvania State University reports that pesticides cause large changes in the expression of genes involved in detoxification, immunity and nutrition-sensing in bees, adding to previous research that has found that pesticides compromise bee immune function. This research also finds that bees with a diet of natural, high quality pollen exhibit greater resistance to pesticides’ deleterious effects than bees on an artificial diet. The new study, “Genomic analysis of the interaction between pesticide exposure and nutrition in honey bees (Apis mellifera),” finds that pesticide exposure can impact the expression of genes that are sensitive to diet and nutrition. The researchers, upon feeding honey bees either the miticidal pesticides, coumaphos or fluvalinate, for a period of seven days, noticed significant changes in 1,118 transcripts – or strands of RNA – in the experimental group. The transcripts include genes involved in detoxification, immunity, and nutrition. The authors report that there is substantial overlap in responses to pesticides and pollen-containing diets at the genetic level. Subsequent analyses demonstrate that pollen-based diets reduce the honey bees’ susceptibility to pesticide stress verses an artificial diet – e.g. a soy protein or no protein diet. Thus, the researchers note […]

(Beyond Pesticides, November 4, 2014) Last week, a United Nations committee of experts recommended the global elimination of the pesticide pentachlorophenol (PCP), widely used in the United States and elsewhere for treatment of wooden utility poles and railroad ties. Scientists cite chemical’s persistence, bioaccumulation, long-range transport, and PCP’s toxic impacts in recommending it being listed in  the Stockholm Convention on Persistent Organic Pollutants, an  international treaty established to safeguard human and environmental health from highly hazardous chemicals. The committee further noted the wide availability of non-chemical alternatives much safer than PCP, which include steel, composite,  and concrete poles, as well as the burying of power lines. “This is the beginning of the end of pentachlorophenol,” said Pam Miller, executive director of Alaska Community Action on Toxics. “Pentachlorophenol has global health implications since it is found in the bodies of people throughout the world including Indigenous Peoples of the Arctic. Now governments and the private sector need to get to work to finally eliminate this toxic chemical.” The United States is not a signatory to the Stockholm Convention, and is, in fact, the largest producer and user of PCP in the world. U.S. government agencies have sent mixed messages during  the […]