(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 […]

(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 […]

(Beyond Pesticides, May 30, 2017) U.S. beekeepers lost an unsustainable 33% of their hives over the past year, according to new data from the Bee Informed Partnership. While this year’s numbers are lower than those recorded last year, which found nearly half of U.S. honey bee colonies died off, there is no cause for celebration. Declines are still well above acceptable loss rates of 15% or less, and the data indicate a continuing trend of substantial losses during the summer months. Without real changes to U.S. policy that effectively eliminate pollinator exposure to highly toxic and persistent pesticides such as neonicotinoids, there is little likelihood that these unsustainable losses will subside. Despite the overall dour projections for U.S. pollinators, Bayer, the major manufacturer of neonicotinoid pesticides implicated in pollinator declines, attempts to spin the news in its favor. Last week, the company put out a press release titled “Welcome News for Honey Bees,” and went on the praise itself for its efforts to protect pollinators. The chemical industry continues to use public relations tactics, in a similar vein to those previously employed by the tobacco industry, to downplay the nature of the crisis, spin the science, and blame everything but […]

(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 […]

(Beyond Pesticides, May 22, 2017) Last week, the Maine Legislature’s Committee on State and Local Government unanimously voted to reject a bill that would have prohibited the right of municipal governments to restrict pesticide use on private property. This victory protects the 27 cities and towns across Maine which are exercising their right to adopt pesticide restrictions that incentivize land management practices supporting healthy environments and allows other communities to follow suit. Opponents of the Governor’s bill successfully argued that its weakening of local control could violate the Maine Constitution. Proponents of the bill included industry trade groups, lawn care companies, and golf courses, who argued that the legislation was necessary to address the growing “patchwork” of local regulations. There is no evidence of this, and on the contrary, there has been a long history of local communities adopting ordinances to respond to matters of public health and welfare. According to the Portland Press Herald, the bill, LD 1505, was a “late introduction on behalf of [Governor] Paul LePage and reportedly mirrored model legislation promoted by the American Legislative Exchange Council, a conservative policy group that works with state lawmakers.” This group and others aim to suppress or preempt local […]

(Beyond Pesticides, May 15, 2017) Last week the U.S. Environmental Protection Agency (EPA), under the direction of new Administrator Scott Pruitt, announced that it will delay for one year the implementation of a final rule that revised and updated protections for certified pesticide applicators –the workers who apply the most hazardous pesticides, restricted used pesticides. The new rules require increased training for certified applicators and increase the minimum age of a worker to 18 years, updates to which industry has objected. Against the backdrop of recent high-profile poisonings, the delay requested by industry interests places these workers and the public at continued risk. The Certification of Pesticide Applicators Rule was made final on January 4, 2017, revising regulations regarding the certification of applicators of restricted use pesticides (RUPs). The rule was scheduled to go into effect March 6, 2017, but was delayed to March 21, 2017 by the new Trump Administration, which placed a mandatory freeze on all new regulations coming out of federal agencies. Now the Pruitt-led EPA states in the notice that it has “determined that the effective date of the revised Certification of Pesticide Applicators rule should be extended until May 22, 2018. EPA is taking this […]

(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 […]

(Beyond Pesticides, May 9, 2017) Last month, San Juan Capistrano (SJC) became the latest community in Orange County, CA to pass an organic landscaping policy for city parks and open spaces. The city’s move follows the passage of an organic land care policy in nearby Irvine, CA last year, and like Irvine, was brought forward by a strong contingent of local advocates, health practitioners, and city officials working together to safeguard public health and the environment. By a vote of 4-0-1, San Juan Capistrano’s City Council put the community on the cutting edge of local changes to pesticide use that are taking place across the country. SJC’s policy is the result of persistent pressure and engagement by community group Non-Toxic San Juan Capistrano with city officials. A change.org petition hosted by the group, which received over 300 signatures, detailed the discussions and responses the group received from local leaders. At the time the City Council took up the issue at a mid-April meeting, Mayor Kerry Ferguson made a strong statement indicating that, “Chemical pesticides and herbicides have been proven to be toxic to children, pets, and the general public.” Mayor Ferguson further said, “While [chemical pesticide] use is somewhat limited […]

(Beyond Pesticides, April 27, 2017) Nine organizations filed an Amicus brief this week in support of a 2015 landmark Montgomery County, Maryland ordinance that restricts the use of toxic pesticides on public and private land within its jurisdiction. The law, intended to protect children, pets, wildlife, and the wider environment from the hazards of lawn and landscape pesticide use, is facing a legal challenge filed in November last year by the pesticide industry group Responsible Industry for a Sound Environment (RISE). The plaintiffs, which include local chemical lawn care companies and a few individuals, allege that the local ordinance is preempted by state law, despite the fact that Maryland is one of  seven states  that has not explicitly taken away (or preempted) local authority to restrict pesticides more stringently than the state. The law at issue, 52-14 (the Healthy Lawns Act), which restricts the cosmetic lawn care use of toxic pesticides on public and private land, protects over one million people, the largest number to be covered by any local jurisdiction to date. Passing the Montgomery County Council by a vote of 6-3, the bill allows time for transition, training, and a public education program over several years. In limiting the pesticides […]

(Beyond Pesticides, April 24, 2017) After contributing $1 million to Donald Trump’s presidential festivities, pesticide maker Dow Chemical Co. is asking the Administration to set aside previous findings of federal scientists across multiple agencies that confirm the risks that organophosphate pesticides pose to about 1,800 critically threatened or endangered species. This comes after the Administration abandoned plans to restrict the brain-damaging pesticide chlorpyrifos, also an organophosphate pesticide created by Dow, despite mountains of evidence that show the chemical’s neurotoxic impacts on children’s brains. In letters sent to government officials, lawyers for Dow urge Administration officials and the U.S. Environmental Protection Agency (EPA) to set aside “biological evaluations” that detail how three highly toxic organophosphate insecticides –chlorpyrifos, malathion and diazinon– harm nearly all 1,800 threatened and endangered animals and plants, claiming the process to be “fundamentally flawed.” Federal agencies tasked with protecting endangered species –EPA, National Marine Fisheries Service, U.S. Fish and Wildlife Service and U.S. Department of Agriculture– have worked for years to identify the risks posed by pesticides to threatened and endangered species under to the Endangered Species Act (ESA). Under Section 7 of ESA, states that any agency action must find that it “is not likely to jeopardize […]

(Beyond Pesticides, April 18, 2017) Last week, the Assembly of Anchorage, Alaska voted 10-1 to pass AO2017-59, an ordinance instituting a pesticide-free program on public parks, lands, and properties. The measure codifies and strengthens important protections for public health, particularly children’s health, water quality and the wider environment from the hazards of toxic pesticide use. “Parents, grandparents, aunts, and uncles should not have to worry whether their child will be exposed to a harmful pesticide that could have long-term health consequences when they visit public parks to enjoy the great Alaska outdoors,” stated Pamela Miller, executive director of Alaska Community Action on Toxics (ACAT), which helped galvanize community support for the measure. The new law, introduced by Assembly chair Elvi Gray-Jackson and vice chair Dick Traini, was the product of months of community stakeholder meetings and input. “That’s the way I like to do business in this community,” Ms. Gray-Jackson said to KTUU on the night the bill was passed. “Bring all the stakeholders together and have them work it out so we don’t waste a lot of time at this level.” Like recent policies passed in Washington, D.C., Montgomery County, MD and South Portland, ME, the law establishes a […]

(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 […]

(Beyond Pesticides, April 3, 2017) The European Union (EU) has approved a $130 billion mega-merger between two agrochemical giants, Dow Chemical Company and DuPont Company, heralding a new round of takeovers that environmental and farm groups fear will reduce farmer choice, seed diversity, and endanger the future of sustainable food production. The consent to the merger was given with the requirement that Dow sells off its pesticide business, which it plans to do as part of a $1.6 billion asset swap with the FMC Corporation, a pesticide manufacturer. The Dow Chemical-DuPont deal is one in a series of mergers in the agriculture-chemicals sector being considered in the EU and also the U.S. The Dow-DuPont merger is happening alongside proposed mergers of Bayer and Monsanto, and Syngenta and ChemChina. On March 27th, a letter signed by 200 organizations across Europe was delivered to European Competition Commissioner Margrethe Vestage. The letter says that about 60% of commercial seed supplies will be centralized in the hands of just three multinational corporations if the mergers are all approved, and calls on EU regulators to step in and stop the deals and protect European farmers, and the European food system. The letter, organized by Friends of the Earth […]

(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 […]

(Beyond Pesticides, March 28, 2017) The U.S. Department of Agriculture (USDA) has abandoned its plans to test the U.S. food supply for the presence of glyphosate residues, according to a story from veteran reporter Carrey Gillam in The Huffington Post. The decision comes amid heated controversy over the carcinogenicity of glyphosate, which was cleared by a California judge for listing under California’s Prop 65 earlier this year. The federal government’s pesticide monitoring program, which is run jointly by USDA, the Food and Drug Administration (FDA), and the Environmental Protection Agency (EPA), was criticized by the Government Accountability Office (GAO) in 2014 for its failure to test for the widely used herbicide. In early 2016, Beyond Pesticides met with EPA regulators to discuss testing for glyphosate residues in the U.S. food supply. At the time, officials said that FDA was testing honey, and USDA would be conducting more extensive food testing beginning in 2017. USDA had tested soybeans for glyphosate residue in 2011, finding that 90% of samples contained residues between .26 ppm and 18.5 ppm, barely under the allowed food tolerance level of 20ppm. A 2014 Boston University study had indicated that both organic and conventional honey contained glyphosate concentrations despite […]

(Beyond Pesticides, March 21, 2017) Last week, the California Department of Pesticide Regulation (CDPR) released revised rules regarding notification of pesticide applications near schools, weakening standards despite opposition from community and public health groups. The new rules rescind a requirement that schools be granted 48 hours prior notification for a planned application of agricultural pesticides within ¼ mile of a school site. CDPR has re-opened public comments on the new rules, and concerned residents have until April 4 to submit a short statement urging increased protections to the Department at [email protected]. Public health, farmworker, and community groups had urged CDPR to strengthen, not weaken common-sense protections for children’s health. As the rules currently stand, applications of toxic, drift-prone pesticides will only be restricted within ¼ mile of a school site, and only during the hours of 6am to 6pm on weekdays. The original proposal required 48 hour prior notification for other agricultural pesticide applications occurring within ¼ mile of school sites during these times. However, CDPR’s revised rules now only require 48 hour notification if the pesticides applied are not on a list provided to school officials at the beginning of the year. Applicators will still be required to submit annual reports […]

(Beyond Pesticides, March 14, 2017)  The U.S. Environmental Protection Agency (EPA) is opening an investigation into whether the Hawaii Department of Agriculture (HDOA) and the state Agribusiness Development Corporation (ADC) are discriminating against Native Hawaiians in their administration of the state’s pesticide program. The investigation comes after a number of local community groups, represented by the nonprofit environmental law organization Earthjustice, filed a complaint in September 2016 asking EPA to take action against systemic abuses of Native Hawaiian peoples. Local efforts to protect pesticide-exposed communities have been repeatedly stymied by giant pesticide corporations operating on the island, which filed lawsuits that ultimately struck down local laws. EPA’s investigation will focus on the state’s activity on the islands of Kauai and Moloka’i. “The External Civil Rights Compliance Office will investigate whether in administering the pesticides program and the leasing and licensing of the state land program the HDOA and/or ADC discriminated on the basis of race and/or national origin against farm workers and residents of West Kauai and Molokai, in violation of Title VI of the Civil Rights Act, and EPA’s implementing regulation,” wrote Lilian Dorka, director of EPA’s External Civil Rights Compliance Office(ERCO), in a letter to Earthjustice. Under Title […]

(Beyond Pesticides, March 2, 2017) On Tuesday, the European Commission (EC) refrained from voting on proposed scientific criteria that would have identified endocrine disrupting chemicals (EDC) and led to regulation on their use in EU countries. This sends the Commission back to the drawing board on the proposal, on which they hope to eventually take a formal vote. The failure to move forward with defined criteria on these hazardous chemicals, which are present in pesticides, biocides, and self-care products, is still largely due to the disagreements of voting member states over the rules reflecting hazard or risk-based criteria. There have been several other meetings of the member states on this proposal, including a meeting in December which highlighted the inadequacies of the criteria. After this meeting, according to Bas Eickhout, of the Greens-European Free Alliance, “Under the Commission’s criteria, it is likely that not a single substance would be identified as an endocrine disrupter, and they would effectively escape specific regulation.” This all follows on the weak regulations issued by the EC in June 2016 to regulate endocrine disruptors in pesticide products, which ultimately undermine the precautionary legal standard that governs pesticide usage in Europe. Many scientists and advocacy organizations criticized […]

(Beyond Pesticides, February 27, 2017) Myclobutanil, a systemic fungicide commonly used in agriculture and home gardens, can cause significant damage to the muscles that honey bees use to fly and keep warm during the winter. The results of a study, published this month in the journal Proceedings of the National Academy of Sciences (PNAS) by a group of researchers from the University of Illinois at Urbana-Champaign, underscore the importance of wide-scale education and movement away from the regular use of toxic pesticides. After nearly a decade of unsustainable losses, honey bees and other pollinators continue to suffer declines resulting from the use of toxic pesticides, particularly systemic insecticides called neonicotinoids. Although a substantial body of science implicates neonicotinoids as the most serious chemical threat to pollinators currently, the effects of fungicides and other pesticides on these important animals should not be dismissed as inconsequential. In fact, a 2016 study published by researchers at the University of Maryland found that bee colonies may die off as the number of different pesticide exposures increase. In this recent study, researchers discovered complex interactions between myclobutanil, natural compounds found in flowers, and honey bees’ detoxification system, known as cytochrome 450 enzymes. When foraging on flowers sprayed with […]

(Beyond Pesticides, February 27, 2017)  Texas has been dealing with a feral hog issue for many years, however recently Texas Agriculture Commissioner Sid Miller approved the use of a toxic rodenticide in an effort to control feral hog populations, a decision hunters and trappers oppose because the pesticide will poison prey and wreak havoc on ecosystems where the hogs live. The estimated population of the feral hog population is about 1.5 million in the state of Texas, where they can cause extensive damage to property, crops, and native wildlife. Wild hogs have been considered to be one of the most destructive invasive species in the U.S. The feral hog population, close to six million, span 39 states and four Canadian provinces. Commissioner Miller, in announcing the widespread use of toxic pesticide referred to the problem as the “feral hog apocalypse.” Damage caused by wild hogs has been estimated to reach well into the millions. Smithsonian Magazine has reported the annual damage caused by feral hog populations to be around $400 million. The Texas Parks and Wildlife website states that hogs are opportunistic omnivores.  Feral hogs enjoy eating domestic agricultural crops, such as corn, soybeans, peanuts, potatoes, watermelons and cantaloupe. They can cause […]

(Beyond Pesticides, February 23, 2017) Male pesticide applicators who experienced a pesticide spill or another related accident are more likely to harbor changes in their DNA associated with an increased risk of prostate cancer, according to a recent paper published in the journal, Environmental and Molecular Mutagenesis. While the relationship between pesticide exposure and prostate cancer is not new, this study adds to the growing body of evidence that high exposure to specific pesticides may lead to the development of prostate and other cancers. The analysis finds that after experiencing one of these exposure events, men are more likely to have higher DNA methylation of a gene linked with an increased risk of developing prostate cancer. DNA methylation is a form of gene regulation that, if disturbed, can result in gene expression changes that can cause cancer. The researchers used data from the ongoing Agricultural Health Study (AHS), which is a long-term cohort study evaluating cancer and other health outcomes of pesticides applicators and their spouses in North Carolina and Iowa. This paper, High pesticide exposure events and DNA methylation among pesticide applicators in the agricultural health study, analyzed a sample size of 596 male pesticide applicators who underwent three phases of […]

(Beyond Pesticides, February 22, 2017) The Pest Management Regulatory Agency (PMRA) of Health Canada, which regulates pesticides in the country, recently proposed changes to regulations under the Canada’s Pest Control Products Act (PCPA) that will curtail the ability of individuals living within the country to import pesticide products that do not meet Canada’s regulatory standards. Designed to address an existing loophole in the country’s law, the policy seeks to eliminate the practice of purchasing pesticide products from international online retailers that circumvent Canada’s more stringent pesticide regulations. While U.S. law does not contain a similar loophole, U.S. states that restrict pesticide sale and use more stringently than the federal government face a similar legal quagmre. Current PCPA regulations establish a Personal Use Import Exemption that allows individuals to bring in small quantities of pest control products that are not registered for use in Canada, but do not pose an “unacceptable risk.” According to the Canadian government, the original intent of the exemption was to allow travelers to bring small quantities of pest control products, such as insect repellent, into Canada without “legally undermining the regulatory regime” under PCPA. However, with rise of online marketplaces, such as Amazon, the use of the exemption […]

(Beyond Pesticides, February 21, 2016) The Agriculture Committee in the U.S. House of Representatives approved a bill last week that will eliminate protections from toxic pesticides for the nation’s waterways. The bill now moves on to the full House for a vote and the public has an opportunity to let Representatives hear the concerns about weakening local protection of waterways from toxic pesticides. HR 953, The Reducing Regulatory Burdens Act (code for the sponsors and supporters as legislation to eliminate environmental protection of water quality), is the committee’s latest effort in a multi-year string of attempts to rollback common sense protections for the public waterways all Americans use for swimming, fishing, and other forms of recreation. The bill would repeal the Clean Water Act requirement that those who apply pesticides to waterways, with an exemption for farm use pesticides not directly deposited into waterways, obtain a National Pollutant Discharge Elimination System (NPDES) permit. Last May, at the height of fears over the Zika epidemic, the same Committee ushered through the same bill under another misleading name, The Zika Vector Control Act. Pensive lawmakers and the public saw through the ruse, and the bill was defeated. But, like previous iterations, including the 2015 Sensible Environmental […]