Archive for the 'Failure to Warn' Category
25
Jul
(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 […]
Posted in Bayer, Congress, Corporations, Environmental Protection Agency (EPA), Failure to Warn, Glyphosate, Label Claims, Litigation, Monsanto, non-Hodgkin's Lymphoma, Oregon, State/Local, U.S. Supreme Court, Uncategorized | No Comments »
25
Jun
(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 […]
Posted in Environmental Protection Agency (EPA), Failure to Warn, Farm Bill, National Organic Standards Board/National Organic Program, Preemption, Uncategorized, US Department of Agriculture (USDA) | No Comments »
03
Jun
(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 […]
Posted in Agriculture, Alternatives/Organics, Bayer, Environmental Protection Agency (EPA), Failure to Warn, Farm Bill, Litigation, Preemption, Take Action, Uncategorized, US Department of Agriculture (USDA) | 1 Comment »
30
May
(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 […]
Posted in Endangered Species Act (ESA), Environmental Protection Agency (EPA), Failure to Warn, Farm Bill, Fish and Wildlife Service (FWS), Habitat Protection, Pesticide Regulation, Preemption, Uncategorized, US Department of Agriculture (USDA), Wildlife/Endangered Sp. | 2 Comments »
20
May
(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 […]
Posted in Agriculture, Alternatives/Organics, Environmental Protection Agency (EPA), Failure to Warn, Farm Bill, Genetic Engineering, Litigation, Preemption, Take Action, Uncategorized | No Comments »
14
May
(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 […]
Posted in Environmental Protection Agency (EPA), Failure to Warn, Farm Bill, National Organic Standards Board/National Organic Program, Preemption, Uncategorized | No Comments »
26
Feb
(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 […]
Posted in Agriculture, Bayer, Cancer, Environmental Protection Agency (EPA), Failure to Warn, Glyphosate, Litigation, Monsanto, non-Hodgkin's Lymphoma, Preemption, State/Local, Take Action, Uncategorized | 9 Comments »
23
Feb
(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 […]
Posted in Bayer, Failure to Warn, Florida, Glyphosate, Idaho, Iowa, Missouri, Monsanto, Pesticide Regulation, Preemption, State/Local | 1 Comment »
22
Feb
(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 […]
Posted in Bayer, Blood Disorders, Failure to Warn, Florida, Glyphosate, Idaho, Iowa, Label Claims, Missouri, Nervous System Effects, Preemption, Uncategorized | 3 Comments »
07
Jul
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.
Posted in Agriculture, Alternatives/Organics, Cancer, Congress, Environmental Protection Agency (EPA), Failure to Warn, Pesticide Regulation, Preemption, Uncategorized | 2 Comments »
26
Jun
(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 […]
Posted in Alternatives/Organics, Failure to Warn, Poisoning, Uncategorized, Wildlife/Endangered Sp. | 4 Comments »
08
May
(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 […]
Posted in Failure to Warn, Farm Bill, Preemption, Take Action, Uncategorized | 6 Comments »
