(Beyond Pesticides, August 1, 2024) The city council of Newbury, Massachusetts unanimously voted to ban second-generation anticoagulant rodenticides (SGARs) on private property earlier this year, according to a press release by Mass Audubon. Several other local governments across the state have passed proposed rodenticide or pesticide ordinances since the fall of 2023 – including the cities of Arlington, Orleans, and Newton. Moreover, proposed legislation sitting in the state legislature calls for designating glyphosate as a restricted-use pesticide on public lands (S.516, S.517, and H.813) and establishing ecologically based mosquito management plans at the state and local levels. (S.445 and H.845) The combination of these pending actions demonstrates the public’s concerns over adverse impacts of toxic pesticides and demands for a transformation toward an ecologically sustainable land management system rooted in organic principles in the absence of federal action. Massachusetts is one of about 45 states that, in some form, preempts local governments from establishing pesticide ordinances. If a municipality’s elected officials vote to pass a pesticide ordinance, some states (including Massachusetts) require passage through the state legislature. This is known as the Home Rule petition process. Back in the 19th century, U.S. Supreme Court Justice John F. Dillon established what […]

(Beyond Pesticides, July 25, 2024) On July 10, the Oregon Court of Appeals ruled that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) does not preempt pesticide exposure victims’ state law claims against pesticide manufacturers, based on reporting from The New Lede. This decision builds on years of judicial precedent from the Supreme Court of the United States (SCOTUS) that protects individuals’ right to use failure-to-warn claims against producers of toxic pesticides, including Bayer-Monsanto. The importance of judicial review is critical to protecting the public against public health impacts of toxic pesticide use in the context of last month’s SCOTUS decision ending Chevron Doctrine, and with it the end of deferring to federal regulatory agencies on ambiguities in statutory mandates. A growing coalition of environmental and public health advocates, organic farmers, trial attorneys, farmworkers, and physicians are united in pushing back against a concerted effort by industry and its allies to attack victims’ ability to sue under “failure-to-warn” through the Farm Bill, state legislatures, and the proposed federal budget for Fiscal Year 2025. Oregon Court of Appeals In 2022, a local trial court in Oregon ruled in favor of Monsanto on a lawsuit initiated by Jackson County residents Larry and […]

(Beyond Pesticides, July 4, 2024) In reflecting on recent U.S. Supreme Court decisions that reduce federal government powers to restrict hazardous chemicals, including pesticides (see Clean Water Act decision and federal restrictions of toxic hazards under the reversal of Chevron decision), two remaining authorities in state and local governments and in the courts have become the next battleground to protect health and the environment. What is at stake are two major backstops to weak federal controls and chemical company disregard for safety: the critical importance of state and local governments’ exercise of authority to restrict toxic chemicals, and the ability of people to sue corporations for their failure to warn about their products’ hazards.  The attack on state and local authority in the Farm Bill The Farm Bill in the U.S. House of Representatives: Prohibits the rights of states and local governments to restrict pesticides and protect public health and the environment. The language says the Farm Bill will “prohibit any State, instrumentality or political subdivision thereof… from directly or indirectly imposing or continuing in effect any requirements for, or penalize or hold liable any entity for failing to comply with requirements with respect to, labeling or packaging that is in […]

(Beyond Pesticides, June 25, 2024) It has been a couple of weeks since U.S. Senator John Boozman (R-AR), ranking GOP member on the Senate Agriculture Committee, released the Republican framework vision without statutory language for a Senate Farm Bill that would renew the law’s commitment to chemical-intensive agriculture and undermines efforts to curtail pesticide use and hold chemical company polluters accountable. In his press statement, Sen. Boozman issues an approach that largely mirrors the House-side text, passed by the House Agriculture Committee earlier this month in a 33-21 vote. On the same day that Sen. Boozman announced the framework, the House Agriculture Appropriations Subcommittee approved the federal food and agriculture budget for Fiscal Year 2025 with a $355 million cut from last year’s budget, affecting specific programs that support pollinator health, ecosystem health, and public health related to pesticide use and organic agriculture. The full House Appropriations Committee will vote on this budget on July 10 before moving to the House floor. Advocates are adamant in their resolve to demand more – not less – support from Congress to address the climate emergency, insect apocalypse, and public health implications borne from reliance on toxic petrochemical pesticides and fertilizers. The Senate […]

(Beyond Pesticides, June 3, 2024) Environmental advocates continue to raise concerns about the Farm Bill (H.R.8467—Farm, Food, and National Security Act of 2024) that emerged from the House Agriculture Committee on May 23 with provisions they say will allow the escalation of environmental threats and then insure big agriculture commodity producers for losses attributable to those environmental disasters through an expansion of USDA’s crop insurance program. Through this taxpayer supported program, USDA covers farm revenue losses due to “natural causes such as drought, excessive moisture [e.g., floods], hail, wind, frost, insects, and disease. . .” Petrochemical pesticide and fertilizer use in chemical-intensive land management and agricultural production contributes to the climate emergency and associated weather, insect, and plant disease threats. Advocates point out that the House Agriculture Committee Farm Bill reduces environmental protections by (i) preempting local and state government authority to allow more restrictive standards at the municipal level, (ii) taking away the right to sue pesticide manufacturers and allied companies for a failure to fully disclose adverse effects of the products they produce or use, and (iii) weakening the regulatory process intended to protect endangered species and biodiversity from pesticides.   Tell Your U.S. Representative and Senators To Support […]

(Beyond Pesticides, May 30, 2024) The House Agriculture Committee voted 33-21 on May 23 to move the Farm, Food, and National Security Act out of committee after a contentious markup and onslaught of amendments that undermine water health, soil health, and local democratic authority to protect people and the environment from toxic pesticide exposure. One of nearly sixty amendments introduced in the markup last week included the continuation of a decade-long attack on National Pollutant Discharge Elimination System (NPDES) permit via Clean Water Act (CWA) for pesticide discharge. What was most illuminating however was not the passage of the bill itself, but Big Agriculture’s raucous approval. Advocates see pesticide industry and its allies’ support for what it is—the reliance on petrochemical-based pesticides leading to economic instability, ecosystem collapse, and the degradation of democratic institutions. With support for entrenched dependency on petrochemical pesticides and fertilizers, the committee’s bill requires taxpayers to pay through the government’s crop insurance program for escalating losses caused by chemical-intensive farming practices, contributing to yield losses that the U.S. Department of Agriculture (USDA) says are “natural causes such as drought, excessive moisture [e.g., floods], hail, wind, frost, insects, and disease. . .” However, the frequency of these […]

(Beyond Pesticides, May 20, 2024)  (Beyond Pesticides, May 20, 2024) The Republican Farm Bill draft in the U.S. House of Representatives, released on Friday, May 17, is a broad attack on pesticide restrictions and the right to sue chemical manufacturers and allied users of pesticides when harmed. “This legislation is a complete nonstarter for the millions of people who want stronger pesticide restrictions, democratic decision making on toxic chemicals in communities, and the right to sue manufacturers and pesticide users when harmed and misled on the hazards of pesticides,” said Jay Feldman, executive director. “We vehemently oppose this Republican legislation with the understanding and experience—bridging farmers, medical practitioners, land managers, local policy makers, and families—that we can and must transition to safe practices and products that protect our health, biodiversity, and climate,” Mr. Feldman continued. The Farm Bill attack takes place on many critical fronts. The draft legislation: 1. Takes away the right to sue for failure to warn when harmed by pesticides. The language says: “prohibit. . .a court from directly or indirectly imposing or continuing in effect any requirements for, or penalize or hold liable any entity for failing to comply with requirements with respect to, labeling or […]

(Beyond Pesticides, May 14, 2024) As research continues to emerge on the value of organic farming, U.S. Congress debates its future as Farm Bill negotiations have been stalled for months. Recent studies published within the past few months show the significance of organic agriculture’s support of fungal and microbial life, which is essential to soil health. Meanwhile, last week the Democrat-led Senate and Republican-led House of Representatives presented their respective visions to amend the 2024 Farm Bill. The office of U.S. Senator Debbie Stabenow (D-MI), chair of the Senate Agriculture Committee, released an initial Senate framework for the (now 2024) Farm Bill. At the same time, U.S. Representative Glenn Thompson (R-PA), chair of the House Agriculture Committee, released an outline of the House version, then followed up with more details. While the Senate Democratic proposal includes more robust support for expanding and strengthening organic product supply chains and domestic production, the House Republican support for organic land management principles and practices demonstrates that the Farm Bill could recognize, across the political spectrum, its economic, ecological, and public health benefits in the United States. Despite this, a growing coalition of advocates is alerting the public and members of Congress that the […]

(Beyond Pesticides, March 27, 2024) A preliminary experiment conducted by Public Employees for Environmental Responsibility (PEER) reveals concerning levels of toxic per- and polyfluoroalkyl substances (PFAS) on the skin of soccer players and coaches after playing on artificial turf fields. The Washington Post reported on March 12 on the PEER test results, which found PFAS levels increased on the skin in three out of four participants following soccer matches on artificial turf. In contrast, no similar increase was observed after games on natural grass fields. The presence of PFAS is alarming due to their association with several serious health issues, including cancer, birth defects, and developmental and immune deficiencies, among others. The U.S. Environmental Protection Agency (EPA) writes that PFAS exposure risks are particularly concerning for young children, who are more susceptible due to their developing bodies and at risk for higher levels of exposure than adults. Known as “forever chemicals” for their persistence in the environment, PFAS continue to accumulate in the human body, posing long-term health risks. Kyla Bennett, PhD, science policy director at PEER and a former scientist and lawyer with EPA, emphasized the need for further research. “Although this study is preliminary, it highlights the potential […]

(Beyond Pesticides, February 26, 2024) Beyond Pesticides today launched an action to stop a nationwide campaign by chemical manufacturers to shield themselves from liability cases filed by those who have been harmed by pesticide products. As widely reported, Bayer/Monsanto has been hit with numerous jury awards and settlements totaling billions of dollars for adverse health effects associated with their weed killer glyphosate (RoundupTM). After unsuccessfully seeking U.S. Supreme Court review of two of these cases, the industry is now pushing legislation in state legislatures that will shield them from future liability litigation. This is not the first time that the pesticide and toxic chemical industry has sought protection from the states after losing in the highest U.S. Court. After the Supreme Court upheld the right of localities to restrict pesticides more stringently than the U.S. Environmental Protection Agency and state regulatory agencies in Wisconsin Public Intervenor v. Mortier (501 U.S. 597, 1991), the industry went to every state legislature in the country to seek state preemption of their local jurisdictions’ authority to restrict pesticides. They were successful in putting state preemption laws in place in 43 states and have since added another.   Having failed in the courts, history is […]

(Beyond Pesticides, February 23, 2024) The latest string of billion-dollar plaintiff judgments against Bayer/Monsanto, the maker of Roundup™ with active ingredient glyphosate, does not yet signal a capitulation by Bayer or a win for public health or the environment in the United States. A jury award of $2.25 billion, the largest to-date, was handed down in Philadelphia in January. As Beyond Pesticides reported previously, Monsanto has a long history of challenging scientific findings on Roundup/glyphosate and evidence of harm to human health, the environment, and crops themselves (see resistant super weeds here and here), as it seeks to avoid liability claims by those suffering from cancer.  Bayer Looking to State Legislatures for Protection from Lawsuits  As result of its failure in quash lawsuits, Bayer has moved its case to state legislatures, where it is seeking the adoption of statutes that preempt liability claims by damaged parties.  As reported by Beyond Pesticides, a rash of state legislation has been introduced in Idaho, Iowa, Missouri, and Florida, which would block plaintiff liability claims when pesticide products, like Roundup, cause harm. The chemical industry pushes the notion that the registration of its pesticide products with the U.S. Environmental Protection Agency (EPA) is a […]

(Beyond Pesticides, Feb 22, 2024) The Idaho Senate failed to pass SB 1245 last week which would have provided legal protection to pesticide manufacturers from “failure-to-warn” liability. This legal framework has been pivotal not only for plaintiffs, who are typically users of a toxic product, seeking redress from exposure to glyphosate-based herbicide products such as Roundup, but can also potentially extend to any toxic pesticide products. Similar bills have recently been introduced in the Iowa, Florida, and Missouri state legislatures as petrochemical pesticide industry actors such as Bayer face billions of dollars in legal settlements from victims of pesticide injury. While the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registration process permits the labeling of products with pesticidal claims based on compliance with testing requirements, the state legislation would establish EPA-authorized pesticide labels as definitive evidence that cannot be challenged in a court of law. The Idaho legislation, SB 1245, was introduced in January in the state Senate by Senator Mark Harris, who represents Soda Springs County, which has North America’s largest elemental phosphorus mine (phosphorus is a critical ingredient in developing glyphosate). Proponents of SB 1245 argue, “[This bill] protect[s] companies that produce safe pesticides critical to agriculture in […]

(Beyond Pesticides, January 23, 2024) Earlier this month, a coalition of over 140 local and state elected officials from over 30 states sent a letter to ranking members of the House and Senate Agriculture committees to reject the proposed Agricultural Labeling Uniformity Act (H.R. 4288), which would preempt local governments’ authority to protect their constituents from toxic pesticides. Members of Congress are negotiating language in the Farm Bill that would preempt local and state authority to restrict pesticides. “We write to express our strong opposition to any efforts to limit longstanding state and local authority to protect people, animals, and the environment by regulating pesticides,” says the signatories. “As Congress considers legislation related to agriculture, including the reauthorization of the Farm Bill and Fiscal Year 2024 appropriations bills, we urge you to ensure that state, county, and local governments retain the right to protect their communities and set policies that best suit our local needs.” The question of local rights to adopt more stringent restrictions on pesticide use has historically been left to the states. However, after the U.S. Supreme Court (Wisconsin v. Mortier, 1991) affirmed the rights of local communities under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), […]

(Beyond Pesticides, October 13, 2023) Will the chemical industry and pesticide-dependent service industry (e.g., conventional landscaping industry) trample democratic rights and force the allowance of pesticide use against the will of communities across the U.S.? The answer is unequivocally yes, they are trying. In fact, the industries’ campaign is now playing out in the U.S. Congress, as members deliberate on the next Farm Bill. Members of Congress who advocate the pesticide lobby’s anti-democratic position are telling constituents that they do not support their right to restrict pesticides more stringently than the federal government. Please urge your U.S. Representative to sign the Congressional “Dear Colleague” Letter and uphold the right of local governments and states to restrict pesticides. Time sensitive: Please take action today (Friday, October 13, 2023) or as soon as possible. Thank you! Advocates are clearly telling members of Congress that the long-held federal-state balance of local, state, and federal authority will be broken if the federal government steps in to deny localities the authority to control pesticide use more stringently than federal law. The history is clear. The U.S. Supreme Court in Wisconsin Public Intervenor v. Mortier (1991) found, “[The Federal Insecticide, Fungicide and Rodenticide Act] FIFRA nowhere […]

(Beyond Pesticides, September 5, 2023) Lincoln County, Oregon  community members are fighting a plan announced by a private landowner to aerially spray 473 acres of clear-cut forest over the Beaver Creek watershed with a pesticide mixture containing carcinogenic glyphosate (commonly found in Roundup).  The aerial spraying is slated to take place approximately one mile from a water intake at Seal Rock Water District, which supplies water to 5,500 residents. Beyond the risks to human health, residents are concerned about the impacts on wildlife in the creek valley. Local advocates describe the area to include native wetland plants, birds, and fish, including the federally protected Coho Salmon and Marbled Murrelet, beaver, river otter, and roaming elk herds. Beavercreek is also a protected state natural area, where families paddle and walk along the state park marshlands.  Neighbors of Beaver Creek and the surrounding community are organizing phone banking, public art displays, and a petition urging Governor Tina Kotek to put a moratorium on the spray operation. One of the efforts displays the message “legalized poisoning of 5,500 people” through lights projected onto a basalt rock formation at Seal Rock State Park. The community has gathered over 2,000 petition signatures and over 100 […]

(Beyond Pesticides, July 17, 2023) Students of environmental policy quickly learn that the most meaningful change to protect health and the environment begins with action in local communities. The challenge now is to preserve the rights of communities under federal law to restrict pesticides and advance local protections through the adoption of eco- and health-friendly, organic land management practices. As is known from history, with the leadership of local communities, the states and the federal government will follow. History of Action in Communities and States Major actions on the banning or restricting of specific pesticides over the last seven decades—from DDT (in Michigan and Wisconsin), 2,4,5-T [1/2 of Agent Orange] (in Oregon [read A Bitter Fog]), to chlordane (New York)—began with calls from the grassroots about dying wildlife to elevated cancer and miscarriage rates and other diseases. But, these chemical incidents (which continue to today with similar campaigns, but different chemical names like glyphosate, imidacloprid (neonicotinoids), and others), launched broader community-based efforts to curtail overall pesticide use—stop drift, runoff and other nontarget exposure—and require organic-compatible practices. Tracing the history—from Mendocino County, CA to Lincoln County, OR, to Casey, WI (upheld by the U.S. Supreme Court), to Montgomery County, MD, to […]

(Beyond Pesticides, July 10, 2023) [Editor’s note to readers: The local, democratic decision-making process to adopt restrictions on pesticide use, now under attack in Congress, has historically been critical to the protection of health and the environment when federal and state governments have failed in their responsibility. This local democratic right has not only protected communities where action is taken, but it has driven state and federal policy to do better—to do what is required in a society that cares about a sustainable future. While federal and state pesticide policy sets a floor on minimum protections and rights, there is nothing more important than nurturing the local democratic process to increase and strengthen protections that elude government agencies that are unduly influenced by the powerful chemical industry. As we face existential crises of health threats, biodiversity collapse, and the climate emergency resulting from gridlock in legislative bodies that ignore the scientific facts documenting harm and solutions that are within our grasp, there is nothing more important than empowering local communities to embrace meaningful changes that eliminate pesticides and adopt organic land management practices. These changes embrace nature and ecosystem services. While the federal regulatory process is skewed toward assumptions of […]

The introduction of the Agricultural Labeling Uniformity Act in the U.S. House of Representatives, expected to be a part of the Farm Bill negotiations, is raising the specter (yet again) of undermining local and state authority to protect the health of their residents from pesticides—effectively overturning decades of Supreme Court precedent.

(Beyond Pesticides, June 26, 2023) In view of EPA’s failure to protect pollinators from pesticides, the lives of those essential insects, birds, and mammals are increasingly dependent on state and local laws that under threat of U.S. Congressional action in the upcoming Farm Bill. Tell Congress: Don’t allow the Farm Bill to preempt state and local laws. The Farm Bill covers many areas—ranging from the supplemental nutritional assistance program (SNAP) to trade—and one provision that the pesticide industry would like to include is preemption of local authority to restrict pesticide use. This attack on local governance  would undercut the local democratic process to protect public health and safety, especially important in the absence of adequate federal protection of the ecosystems that sustain life. As Congress drafts the 2023 Farm Bill, there is an opportunity for many topics—good and bad—to be introduced. Dating back to Franklin D. Roosevelt’s New Deal of the 1930s, which addressed threats posed by the Great Depression and drought, the Farm Bill is an omnibus bill passed every five years. It is designed to secure a sufficient food supply, establish fair food prices for both farmers and consumers, and protect the soil and other natural resources on […]

(Beyond Pesticides, May 8, 2023) The Farm Bill in Congress covers many areas—ranging from the supplemental nutritional assistance program (SNAP) to trade—and the pesticide industry would like to insert a provision that takes away (preempts) local authority to restrict pesticide use—which would undercut the local democratic process to protect public health and safety. Even if communities are not now regulating toxic pesticides, we do not want to close the door on future action, as communities take on petrochemical pesticide and fertilizer use that is contributing to health threats, biodiversity collapse, and the climate emergency.    Part 1: Tell your local officials to sign onto a letter opposing the preemption language. Part 2: Tell your U.S. Representative and Senators to support communities by opposing anti-democratic preemption language in the 2023 Farm Bill.  As Congress drafts the 2023 Farm Bill, there is an opportunity for many topics—good and bad—to be introduced. Dating back to Franklin D. Roosevelt’s New Deal of the 1930s, which addressed threats posed by the Great Depression and drought, the Farm Bill is an omnibus bill passed every five years. It is designed to secure a sufficient food supply, establish fair food prices for both farmers and consumers, and protect […]

(Beyond Pesticides, April 4, 2023) The pesticide industry focused the entirety of their “legislative day” late last month on an effort to roll back local democratic decision making and implement federal pesticide preemption of local governance in the Farm Bill. “Something that most people don’t know,” J.D. Darr, the director of legislative and regulatory affairs for the National Pest Management Association told Pest Control Technology (PCT), “is that the Ag Committee does have oversight of a small sliver of FIFRA. So, the Farm Bill is a really good vehicle for us making regulatory decisions surrounding pesticide.” Contrary to Mr. Darr’s statement, pesticide reform advocates are well aware of the threat the pesticide industry poses in the 2023 Farm Bill, having defeated a similar effort in 2018, and repeated attempts to implement pesticide preemption in the preemption-free states of Maine and Maryland. Reform advocates are pushing Congress to include in the Farm Bill diametrically opposing language already contained with Senator Cory Booker’s (D-NJ) Protect America’s Children from Toxic Pesticides Act. The pesticide industry’s lobby day attempted to soften the industry’ image in Congress by including a range of non-pesticide related issues, such as a “friendly political discussion” between conservative columnist Jonah […]

(Beyond Pesticides, February 7, 2023) U.S. Senator Cory Booker (D-N.J.) reintroduced legislation last week to increase protections against exposure to toxic pesticides. The Protect America’s Children from Toxic Pesticides Act of 2023 (PACTPA), S.269, addresses many of the controversial issues with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which governs the registration and use of pesticides in the U.S. This major reform legislation tackles some of the documented deficiencies in the regulation of pesticides and removes a number of loopholes in the law. The legislation, introduced with Senators Kirsten Gillibrand (D-NY), Bernie Sanders (D-VT), Elizabeth Warren (D-MA) and Brian Schatz (D-HI), also includes a ban on all organophosphate and neonicotinoid insecticides, as well as  the weed killer paraquat, which is known to cause Parkinson’s disease and lung fibrosis. Despite these reform provisions, the legislation does not touch the core of FIFRA’s pesticide registration process and chart a path for the systemic, transformative change that Beyond Pesticides says is essential to meet the existential challenges of current times—devastating health threats, biodiversity collapse, and the climate crisis. FIFRA, which is under the jurisdiction of the agriculture committees of Congress, has long been criticized for failing to protect the public and workers […]

(Beyond Pesticides, December 19, 2022) As the new 118th Congress convenes on January 3, 2023, one of the key issues on the agenda led by Republicans in the U.S. House of Representatives is preemption of local authority to restrict pesticide use—undercutting the local democratic process to protect public health and safety. In the 117th Congress, H.R. 7266 was introduced to prohibit local governments from adopting pesticide laws that are more protective than federal and state rules. If H.R. 7266 were to pass or be incorporated into the 2023 Farm Bill, as the pesticide industry and proponents of the legislation plan to do, this bill would overturn decades of precedent as well as prevent local governments from protecting their residents from hazardous chemicals in their environment.   This is a direct assault on nearly 200 communities across the country that have passed their own policies to restrict the use of toxic pesticides. Communities must maintain the right to restrict pesticides linked to cancer, water-contamination, and the decline of pollinators to protect their resident’s health and unique local ecosystems.   Take action today and tell your U.S. Representative and Senators to support communities by opposing H.R. 7266 (and successor legislation in the new Congress) […]