(Beyond Pesticides, August 29, 2022) Does your community have a pesticide-free park managed with organic practices? Do you wish it did? If you do have an organic parks policy, do you have updated information on current practices? It is time to take action to affirm or protect our authority to shift land management in our communities to organic practices—just as the pesticide industry is lobbying to take that right away from us. Become a Parks Advocate. And, take the action below. Advance organic land management in your community and ask your Mayor/County Commissioner/Town Manager to affirm or protect your community’s right to restrict toxic pesticides. If your community is one of a growing number across the country that has taken action to protect its citizens and environment by adopting organic policies and practices in its public spaces, please take this opportunity to request an update on how organic land management is going or ask that the community begin transitioning to organic land management. At the same time, be aware that the pesticide industry is seeking take away the ability of local communities to restrict toxic pesticides. Ask your Mayor/County Commissioner/Town Manager to contact your U.S. Representative and Senators, on your […]

(Beyond Pesticides, August 17, 2022) Health and environmental advocates are urging Governor Kathy Hochul (D) to sign into law legislation that allows localities in the state to protect freshwater wetlands from toxic pesticide applications. The legislation, SB S8378C, sponsored by Senator Pete Harckham (D-WF) and passed by the state Senate and Assembly, represents an important affirmation of the local democratic right of communities seeking to protect their residents and local environments from hazardous pesticides. The state-level legislation comes at a time when local communities are under attack from pesticide industry allies in Congress, who are promoting legislation to “preempt” or prohibit states from enacting these laws, and localities from exercising their right to local control. The bill is awaiting the governor’s signature. Underlying Senator Harckham’s legislation is the principle that local communities should be able to set rules to protect their drinking water from contamination. Local officials, Sen. Harckham notes, know their wetlands and aquifer systems best. “Pesticides and herbicides should not have blanket application if a municipality chooses to regulate their local wetlands that way,” he told Spectrum News 1. Under the proposed legislation, a locality may enact pesticide restrictions only if the local government has already implemented a […]

(Beyond Pesticides, August 8, 2022) The pesticide industry has selected August as Anti-Democracy Month, as it launches a month-long campaign to undermine local control over pesticides. The National Pest Management Association is encouraging members to lobby members of Congress in August to support H.R. 7266, to “prohibit local regulations relating to the sale, distribution, labeling, application, or use of any pesticide or device” subject to state or federal regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Beyond Pesticides urges you to make August Preserve Local Democracy Month by participating in actions in support of allowing communities to protect themselves from chemical exposure when state and federal regulation is inadequate. Tell your U.S. Representative and Senators to support communities by opposing H.R. 7266 and supporting the Protect America’s Children from Toxic Pesticides Act (PACTPA), which contains a provision affirming local authority to restrict pesticides. The fight to defend the authority of local governments to protect people and the environment has been ongoing for decades, reaching the U.S. Supreme Court in 1991. The Court specifically upheld the authority of local governments to restrict pesticides throughout their jurisdictions under federal pesticide law. In Wisconsin Public Intervenor v. Mortier, the Court ruled that federal […]

(Beyond Pesticides, April 7, 2022) Legislation introduced by U.S. Representative Rodney Davis (R-IL) last week would roll back, preempt, and prohibit local jurisdictions from enacting policies that protect resident health and a community’s unique local environments from hazardous pesticides. The bill, H.R.7266, is a direct attack on the scores of local communities that have enacted common sense safeguards from toxic pesticides, and represents the pesticide industry’s response to the growing momentum of the pesticide reform movement. Health and environmental advocates are expecting Rep. Davis and his partners in the agrichemical industry to attempt to work the provisions of the legislation into the upcoming 2023 farm bill. The industry had previously attempted to work federal preemption into the 2018 farm bill, an effort that ultimately failed after massive pushback from health advocates, local officials, and Congressional allies. Rep. Davis’ press release for the bill, in which he was joined with quotes from a range of agrichemical industry leaders, is titled “Davis Introduces Legislation to Prevent Liberal Local Governments from Banning or Restricting Pesticide Use,” striking a partisan tone. Caring about public and environmental health is typically not viewed as a liberal or conservative, Democratic or Republican issue. Those monitoring local governments […]

(Beyond Pesticides, December 21, 2020) The toxic herbicide dicamba is once again at the center of a larger story about states’ authority to regulate pesticides more stringently federal dictates and a response to corporate corruption in the marketing of pesticide products. The Trump EPA (U.S. Environmental Protection Agency) has just made it much harder for state regulations to be more protective than federal rules. It did so via a footnote embedded in dozens of pages of regulatory documents related to EPA’s registration of three new dicamba products.  Tell the Biden transition team that EPA must respect states’ rights to protect people and property in their states. Meanwhile, a report by the Midwest Center for Investigative Reporting found Monsanto and BASF, a German chemical company that worked with Monsanto to launch the system coupling dicamba with resistant crops, knew their dicamba herbicides would cause large-scale damage to fields across the U.S., but decided to push them on unsuspecting farmers anyway, in a bid to corner the soybean and cotton markets with their dicamba-resistant seeds. For nearly 30 years, state regulators have used Section 24 (“Special Local Needs” section) of FIFRA, the Federal, Insecticide, Fungicide and Rodenticide Act—the law that gives EPA […]

(Beyond Pesticides, November 13, 2020) The toxic herbicide dicamba is once again at the center of a larger story about states’ authority to regulate pesticides beyond federal dictates. The Trump EPA (Environmental Protection Agency) has just made it much harder for state regulations to be more protective than federal rules are. It did so via a footnote embedded in dozens of pages of regulatory documents related to EPA’s registration of three new dicamba products. Given conservatives’ long-standing lip service to “states’ rights,” this EPA’s thwarting of the wishes of individual states to respond to their respective circumstances could easily be regarded as an odd — though, during this administration, hardly singular — stance. This latest development underscores EPA’s continuing failures to protect people and the environment, and the increasing tension between centralized, federal regulation and more-local regulation, whether by states or smaller localities. For nearly 30 years, state regulators have used a Section 24 provision of FIFRA, the Federal, Insecticide, Fungicide and Rodenticide Act — the law that gives EPA authority to regulate pesticides — to establish specific restrictions, on use of federally registered pesticide products, that go beyond what EPA has mandated. The agency has long allowed states to add […]

(Beyond Pesticides, May 8, 2020) At the height of Covid-19 impacts in the Northeast U.S., Massachusetts Governor Charlie Baker (R) and Lieutenant Governor Karyn Polito (R) filed emergency legislation at the Boston State House that would, according to their April 16 press release, “help the Commonwealth more effectively combat diseases transmitted by mosquitoes, including arboviruses like Eastern Equine Encephalitis (EEE) and West Nile Virus (WNV), by authorizing a coordinated, proactive, statewide approach to mosquito control activities.” Protecting the public from such diseases is an important public health mission. However, the Governor’s bill, H.4650, represents an alarming “over-reach” that would give unitary authority to the State Reclamation and Mosquito Control Board (SRMCB) to conduct mosquito control activities, including ineffective and toxic spraying, with virtually no effective oversight or transparency. Beyond Pesticides opposes this bill, whose passage would enable use of pesticides that can have respiratory and immune impacts — increasing health risks for everyone, but especially for the many people already at higher risk from Covid-19, despite the availability of ecological management approaches that eliminate the need for toxic chemicals. H.4650, An Act to mitigate arbovirus in the Commonwealth — was promulgated in response to a Massachusetts Department of Public Health […]

(Beyond Pesticides, February 21, 2020) Last week in Minnesota, state Representative Jean Wagenius introduced measure H.F. 1255 that would give cities the opportunity to ban local use of bee-lethal pesticides. This is the latest in a series of attempts to fight state pesticide preemption, an industry-promoted law that prevents localities from restricting pesticide use more stringently than the state. In the face of inaction at the federal and state levels, advocates and legislators in Minnesota are attempting to regain local control to help save their declining, Midwestern pollinators. Representative Wagenius says about the measure, “Minnesotans should be able to protect pollinators if they want to. We value local control in this state, and we always have.” H.F. 1255 will allow cities to opt into a blanket ban of pesticides determined by the Environmental Protection Agency (EPA) to be hazardous to bees. Pesticides with an EPA bee-advisory box are listed on the state’s Department of Agriculture website and referred to as “bee-lethal” by Minnesota legislators. Patrick Hanlon, director of environmental programs for the city of Minneapolis, says cities would work with Department of Agriculture, businesses, and residents that might be impacted by these restrictions before enacting the bill. Local advocates have […]

(Beyond Pesticides, October 4, 2019) A Circuit Court judge in Lincoln County, Oregon has overturned a hard-won ban on aerial spraying of pesticides, citing preemption of state law over any local ordinance. In her late-September decision, Judge Sheryl Bachart wrote that Oregon’s Pesticide Control Act “expressly and conclusively displaces any local ordinance regarding pesticide use. The intention of the legislature is apparent and unambiguous.” She noted in her opinion that the Oregon Revised Statutes (the codified laws of the state of Oregon), Chapter 634.057 “prohibits local governments from making any ordinance, rule or regulation governing pesticide sale or use.” Voters in the county approved the subject ban on the aerial spraying of pesticides (Measure 21-177) in 2017, the initiative having been spurred by the work of Lincoln County Community Rights (LCCR), a grassroots organization that “seeks to educate and empower people to exercise their right of local community self-government in matters that pertain to their fundamental rights, their natural environment, their quality of life, their health and their safety.” In its advocacy for the initiative, the group cited both the harm done by aerial pesticide spraying to people and ecosystems, and the injustice of laws — often drafted by corporations for approval […]

(Beyond Pesticides, July 15, 2019)  On Friday, Maryland’s highest court upheld the right of local governments to restrict the use of toxic lawn care pesticides more stringently than the state. By denying an appeal from the pesticide industry’s challenge to a lower court ruling, the Maryland Court of Appeals has made official Montgomery County’s 2015 Healthy Lawns Act, which prohibits toxic pesticides from being used on public and private property for cosmetic purposes. “This long-awaited decision affirms local democratic decision making to protect health and the environment, upholding the first U.S. county law to ban toxic pesticides on private and public property,” said Jay Feldman, executive director of the organization Beyond Pesticides. “The law, now in force, will bring critical health protections for pregnant mothers, children and other vulnerable residents in Montgomery County, and safeguard sensitive wildlife species like pollinators.” The decision by the Maryland Court of Appeals upholds local democratic decision making in the face of a challenge by industry groups representing lawn care companies and chemical manufacturers. The chemical industry has fought for nearly three decades to suppress the right of local governments in the U.S. to protect public health and safety with pesticide law, having successfully lobbied […]

(Beyond Pesticides, May 3, 2019) A Maryland Court of Special Appeals yesterday ruled that Montgomery County, Maryland has the right to restrict pesticides, under a 2015 landmark law, on all lawns and landscaped property in its jurisdiction more stringently than the state. This decision reverses a lower Circuit Court decision and upholds local democratic decision making in the face of a challenge by the industry groups representing lawn care companies and chemical manufacturers. Nine organizations, including Beyond Pesticides, filed an Amicus brief in support of the county law. The chemical industry has fought for nearly three decades to suppress the right of local governments in the U.S. to protect public health and safety with pesticide law, having successfully lobbied 43 states to preempt their local political subdivisions’ authority. Seven states uphold local authority, including the state of Maryland, which has affirmed in its legislature the rights of localities by rejecting preemption legislation on numerous occasions. According to Jay Feldman, executive director of Beyond Pesticides, “This is an important win for the local organic land management movement sweeping the country, as local elected officials embrace practices that protect the health of people and the environment.” The attorneys for the county expect that industry groups […]

(Beyond Pesticides, April 16, 2019) Help stop another attack on local authority in Maine – a bellwether state that has upheld local pesticide restrictions and leads the nation. Maine has led the nation in supporting the local democratic process as communities across the state have adopted pesticide use standards on public and private property that are more restrictive than state laws. This will be the third attack on local authority in recent years – each time beaten back with public opposition. This time preemption language has been introduced as a clause in the innocuous sounding bill LD 1518, An Act to Establish a Fund for Portions of the Operations and Outreach Activities of the University of Maine Cooperative Extension Diagnostic and Research Laboratory and To Increase Statewide Enforcement of Pesticide Use. The language was introduced by Rep. Stephen Stanley (D), who ran unopposed in the 2018 Democratic primary. The bill’s language establishes barriers to local decision making, giving sole authority to the state to determine the acceptability of local pesticide restrictions.  As drafted, the bill would force municipalities to submit a request to ban a substance to a statewide board, which would make the decision as to whether the community could block […]

(Beyond Pesticides, March 29, 2019) The U.S. Environmental Protection Agency (EPA) made a low-key announcement on March 19 suggesting that it may change its handling of requests from states to exert stricter controls on use of pesticides than the federal agency sets out in its registration of the compounds — by disapproving them. This is potentially a big deal because it signals that the agency will be less-kindly disposed to states’ desires to establish either somewhat different parameters of use based on local conditions and needs, or more-stringent regulations on pesticide use than those set out by federal regulators. This issue of preemption of localities’ desires to protect their populations and environment has become an increasingly dynamic frontier at the nexus of pesticide use, health, and environment. Beyond Pesticides has written more frequently about this issue in recent years as the tension between centralized, federal regulation and more-local regulation has risen; see more below. EPA appears distressed by some of the approximately 300 annual requests it gets to make some adjustment to the federal regulation. This can happen under Section 24(c) of FIFRA, which allows for a Special Local Need Label, which can be requested under a variety of conditions, including […]

(Beyond Pesticides, March 14, 2019) A study, supported by the USDA’s National Institute of Food and Agriculture, finds that state pesticide preemption laws “compromise public health and economic well-being” by preventing localities from enacting pesticide use restrictions on private property that are more restrictive than their state’s regulations. In the words of the authors, “By eliminating the ability of local governments to enact ordinances to safeguard inhabitants from health risks posed by pesticides, state preemption laws denigrate public health protections.” The study, Anti-community state pesticide preemption laws prevent local governments from protecting people from harm, published in the International Journal of Agricultural Sustainability, reviews scientific and historical evidence of the failure of state and federal pesticide laws to protect localities from pesticide poisoning, and highlights the inability of localities to compensate for that failure under present laws. Communities seeking to protect their residents would typically issue community-wide restrictions to ensure protection of shared community resources, including air, land, and waterways, from pesticide drift, runoff, and other nontarget effects —as is the case with other community decisions on recycling, smoking, and zoning. The study’s authors document how industry influence led to the adoption of state laws that undermine the ability of localities […]

(Beyond Pesticides, February 1, 2019) Prior to a pesticide ban taking effect in Montgomery County Maryland Parks, the Department of Parks announced in mid-December 2018 that it would discontinue the use of glyphosate-based herbicides through March 2019. The agency has used these hazardous herbicides as part of its IPM (Integrated Pest Management) program for weed management. Montgomery Parks indicates it will release further information on the use of glyphosate in mid-March. In November last year, Montgomery County Council member Tom Hucker wrote to the head of Parks, supported by a community-wide petition, urging that glyphosate be banned immediately, pending implementation of the county ban. He cited the finding of the International Agency for Research on Cancer’s (World Health Organization) finding that the chemical probably causes cancer in humans and the $289 million jury verdict last year that the chemical caused a school groundskeeper’s non Hodgkin lymphoma. In 2016, Montgomery Parks instituted a pesticide reduction program in compliance with Montgomery County, Maryland’s 2015 adoption of County Code 33B, which aimed to regulate use of pesticides on county-owned property, including parks, and on private property. In 2017, a Montgomery Circuit Court overturned the portion of the law pertaining to a ban on private […]

(Beyond Pesticides, October 1, 2018) Last year, pesticide manufacturers tried to undo local pesticide ordinances in a large state-by-state lobbying effort. That failed. Now they are trying to get Congress to undo these local rules in one fell swoop through an amendment in the Farm Bill. In 1991, the U.S. Supreme Court affirmed the right of local governments to restrict pesticides. The chemical industry’s attempt to take away the power of local governments to regulate the use of pesticides was wrong then and it is wrong now –more so, given the current weakening of federal pesticide programs. Send a letter to the editor of your local newspaper! The fight to defend the authority of local governments to protect people and the environment has been ongoing for decades. Against a backdrop of decades of pro-pesticide lobbying to limit local authority to restrict pesticide use in our communities and despite industry’s success, there has been nationwide action at the local level. In most states, local authority, under state law, is limited to restrictions on public property, and seven states have affirmed the right of localities to restrict pesticides on all land within its jurisdiction. Because of effective efforts across the state of Maine, […]

(Beyond Pesticides, September 13, 2018) House proposal would wipe out communities’ power to restrict pesticides. In an effort to protect the rights of communities nationwide, over 60 local officials from across the country sent a letter to Congress today opposing a farm bill provision that takes away local governments’ authority to restrict hazardous pesticides. The signatories are urging the farm bill conference committee to reject a “poison pill” rider that will preempt local governments, making the entire legislation unacceptable. Section 9101 of the House version of the farm bill will institute federal preemption of local pesticide policies, a move that will overturn a decades-old Supreme Court decision and prevent communities from adopting protective laws that meet the needs of their residents or unique local environment. The letter urges the conference committee to reach an agreement on a final 2018 farm bill that does not include this rider. It was signed by over 60 local officials in 39 communities from 15 different states, ranging from North Miami, FL to South Euclid, OH, West Hollywood, CA and Maui, HI. The County Council of Montgomery County, MD, which passed a landmark policy on toxic pesticides, also sent a letter to the farm bill conference committee. […]

(Beyond Pesticides, September 5, 2018) Local Limits on Spraying Monsanto’s Toxic Weed Killer in Parks, Playgrounds, and Schoolyards. More than 50 city and county ordinances banning the use of the toxic weed killer glyphosate on local playgrounds, parks and schoolyards could be overturned by a provision championed by House Republicans in their version of the farm bill, a Beyond Pesticides and EWG analysis found. A four-page provision tucked away in the 748-page farm bill passed by the U.S. House of Representatives in June would likely preempt local governments from adopting their own pesticide regulations, including ordinances that prohibit the use of glyphosate, the active ingredient in Monsanto’s Roundup, in parks and playgrounds. Beyond Pesticides found that 58 local ordinances ban the use of glyphosate. Overall, 155 local ordinances that regulate the use of toxic chemicals in parks and playgrounds could be preempted by Sec. 9101 of the House’s farm bill. Glyphosate is classified by the state of California as a chemical known to cause cancer, and as a probable carcinogen by the World Health Organization. Earlier this month, a San Francisco jury ordered Monsanto to pay $289 million to a school groundskeeper who said years of working with Roundup caused his terminal cancer. […]

(Beyond Pesticides, August 24, 2018)  We must stop the adoption of a law that will prevent local communities from restricting pesticides. Request that Minority Leader Rep. Nancy Pelosi lead the effort to protect a basic principle of local democratic decision making, especially in light of inadequate federal environmental and health protections. As a member of the Farm Bill Conference Committee between the U.S. House of Representatives and the U.S. Senate, Rep. Pelosi can stop this provision, which was unanimously rejected by Democrats in the House and is not in the Senate Farm Bill. Tell Nancy Pelosi to stand up for democracy, public health, and environmental protection in the Farm Bill! In June, the U.S. House of Representatives passed H.R.2 (the Farm Bill) with a provision that prohibits local governments from restricting pesticide use on private property within their jurisdictions. Existing local laws in two states, Maine and Maryland, will be overturned with final passage of this law. In those 43 states that forbid local pesticide laws by state law, future reconsideration of such state prohibitions would be foreclosed —a squelching of local authority pushed by the chemical and pest management industries. The fight to defend the authority of local governments to […]

(Beyond Pesticides, July 16, 2018)  Legislative Sneak Attacks Continue. Yet another bill has been introduced in Congress to remove accountability from Monsanto/Bayer for its glyphosate herbicide Roundup.™ The so-called “Accurate Labels Act” (S.3019/H.R.6022) would repeal most, if not all, existing labeling and information disclosure laws adopted by state or local governments, including California’s Safe Drinking Water and Toxic Enforcement Act (Prop 65), which has been responsible for the removal of hundreds of dangerous toxic chemicals, including lead, cadmium, and mercury, from commercial and consumer products nationwide. California listed Roundup as a probable carcinogen in 2015, requiring a label warning in the state, and California’s Fifth District Court of Appeal upheld the decision in April of this year, rejecting Monsanto’s challenge to the listing. Tell your U.S. Senators and Representative to oppose S.3019/H.R.6022. California will not only move ahead with warning labels on products that contain glyphosate, but also, prohibit discharge of the pesticide into public waterways. Proposition 65 requires notification, primarily through labeling, of all chemicals known to cause cancer, birth defects, or other reproductive harm, and prohibits their discharge into the state’s drinking waters. As with previous sneak attacks, Monsanto’s fingerprints — if not its name – are all over […]

(Beyond Pesticides, June 26, 2018) On June 21, 2018, the controversial 2018 Farm Bill (H.R. 2) narrowly passed the U.S. House of Representatives 213 to 211 with provisions that will eliminate federal review of pesticide impacts on endangered species, undermine organic standards, and ease requirements regarding releases of pesticides into waterways. In May, the bill failed to pass when it got caught in the debate over immigration reform, but now this dangerous bill is much closer to becoming a major threat to the environment. The bill, H.R. 2, the Agriculture and Nutrition Act of 2018, is a major win for the pesticide industry, which spent $43 million on lobbying this Congressional season, according to the Center for Biological Diversity. At the forefront are provisions that weaken the organic standards and the elimination of the requirement that the U.S. Fish and Wildlife Service (FWS) assess pesticide impacts on endangered species before U.S. Environmental Protection Agency (EPA) approves a pesticide for use. The bill also exempts those applying pesticides to lakes, streams, and rivers from having a permit under the Clean Water Act. This will allow indiscriminate contamination of waterways in spite of reports that pesticides are detected frequently and at environmentally relevant […]

(Beyond Pesticides, June 25, 2018) Ten organizations filed an Amicus brief last 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 on appeal from a Circuit Court ruling in August 2017 which struck down aspects of the ordinance that apply to private property. The Montgomery County Council decided to appeal the Circuit Court ruling based on an outpouring of public support, and the advice of its legal team that the County has a reasonable chance of prevailing. The case will now be heard in front of the Court of Special Appeals of Maryland. The plaintiffs in the case, which include the pesticide industry group Responsible Industry for a Sound Environment (RISE), 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 […]

(Beyond Pesticides, May 29, 2018) The Farm Bill is beginning to move in the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, and your voice is critically needed to help stop provisions that are harmful to health and the environment. Tell your U.S. Senators and Representative that they should vote against the Farm Bill unless harmful provisions to health and the environment are removed. In addition to sending this urgent action on the Farm Bill, consider reaching out to your U.S. Senators and Representative when they return to your state for the Memorial Day holiday. If you’re part of a group, ask for a meeting. If you see them at an event or in town, let them know how important it is to keep the dangerous provisions listed below out of the Farm Bill. The Farm Bill in the U.S. House of Representatives, H.R. 2, reported favorably out of the House Agriculture Committee, is stalled, after being defeated on the floor over unrelated immigration legislation. The House bill is a direct attack on organic standard setting, the authority of local governments to restrict toxic pesticides, and the protection of farmworkers, endangered species, and the environment. Without public outcry, it is likely […]