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Daily News Blog

Archive for the 'California' Category


17
Jul

Same Pesticides that Are Killing Bees Killed Off Dozens of Goldfinches in Modesto, CA, Study Finds

(Beyond Pesticides, July 17, 2019) A March 2017 bird kill incident in Modesto, CA can be traced directly back to an insecticide “soil drench” applied to the base of several elm trees by pesticide applicators hired by the city, as detailed in a study published last month in the Journal of Environmental Toxicology and Chemistry. The chemical in question, the neonicotinoid imidacloprid, is implicated in the ongoing pollinator crisis and insect apocalypse, but can also affect bird populations. Prior research estimated that a single seed coated with the insecticide is enough to kill a songbird; this study confirms that such a scenario can and does play out in the real world. Progress and improvement will only occur when pest management practices stop focusing on pesticide use to solve routine pest problems and emphasize prevention. As part of city-wide pest management activities, Modesto officials said that imidacloprid was applied to elm trees in several front yards in a local neighborhood. The application took the form of a “soil drench,” which is when pesticide products are applied to the soil around the base of a tree or shrub. The systemic property of imidacloprid and other systemic insecticides means that the chemical will […]

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10
Jul

U.S. Fish and Wildlife Service Proposes to Drop 1.5 Tons of Rodenticide on National Wildlife Refuge

(Beyond Pesticides, July 10, 2019) The California Coastal Commission will host a public hearing today on a U.S. Fish and Wildlife Service (USFWS) proposal to drop 1.5 tons of the rodenticide brodifacoum, an extremely potent anticoagulant, on the Farallon Islands National Wildlife Refuge. The Los Angeles Times headline on July 7 read, “Biologists say it’s for the best.” At the least, it is important to highlight that all biologists have not come to a consensus and the topic is very much still under debate. The commission has already received over 700 emails regarding the drop, with 600 opposing it. Home to rare, endemic seabirds such as the ashy storm-petrel, the Farallon Islands certainly have a serious mouse problem – 59,000 rodents occupy the rocky islands. Mice compete with native species for resources and attract an average of six burrowing owls a year. Owls feast upon ashy storm-petrels when mouse populations drop during the winter, killing hundreds of petrels annually. The global population of the ashy storm-petrel is small (10,000 – 20,000), but it is not considered an endangered species. The Audubon Society in California, which supports the brodifacoum program, worked with experts who say the eradication of invasive mice is […]

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24
May

University of California Suspends Use of Weed Killer, Glyphosate, as Bans Mount Across the U.S.

(Beyond Pesticides, May 24, 2019) University of California (UC) President Janet Napolitano announced, on May 15, a temporary ban on the use of glyphosate on all of UC’s 10 campuses. Set to begin on June 1, the ban will affect the more than 200,000 students in the UC system, and countless other staff, faculty, and visitors to the campuses. In announcing the ban, the university cited “concerns about possible human health and ecological hazards, as well potential legal and reputational risks associated with this category of herbicides.” (There are exceptions to the temporary suspension, such as uses for “agricultural operations, fuel-loaded management programs to reduce wildfire risk, native habitat preservation or restoration activities and research that requires glyphosate-based herbicides.”) The UC ban is the latest in a snowball-turning-avalanche of actions and decisions on glyphosate — the active ingredient in the Monsanto (now owned by Bayer AG) products Roundup and Ranger, and in many other herbicides. The suspension of glyphosate use at UC comes in large part as a result of the campaign, Herbicide-Free UC — which began as Herbicide-Free Cal, founded by student-athletes Mackenzie Feldman and Bridget Gustafson. The students became active on pesticides issues when they discovered that herbicides were […]

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20
May

Take Action: As EPA Fails to Act, States Take Up the Responsibility to Protect Health and the Environment

(Beyond Pesticides, May 20, 2019) The bans of chlorpyrifos in three important agricultural states show the support for a ban of the chemical nationwide. Hawai’i banned chlorpyrifos a year ago with a unanimous vote of the legislature. New York and California banned it this month. States have been pursuing bans since the Environmental Protection Agency rescinded its proposed ban in 2017. Tell Your Governor to Ban Neurotoxic Pesticides and Support Organic; Send Thanks to Your Governor in Hawai’i, New York, and California Like other organophosphate pesticides, chlorpyrifos has been linked to damaging and often irreversible health outcomes in workers, pregnant women, and children. A widely used pesticide, agriculture companies annually spray six million pounds on crops like citrus, apples, and cherries.  In the same family as Sarin gas, the substance was initially developed prior to World War II as a chemical weapon. It can overstimulate the nervous system to cause nausea, dizziness, and confusion. With very high exposures (accidents or spills), it can cause respiratory paralysis and even death. When applying the chemical to fields, workers must wear protective garments such as respirators. Workers are then blocked from entering the fields from 24 hours up to 5 days after application due to the chemical exposure risk. A group of leading toxics […]

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10
Jan

Take Action: Stop Antibiotic Use in Citrus Production, Leading to Life-Threatening Illness

(Beyond Pesticides, January 10, 2019) The Trump administration is opening the floodgates to allow widespread use of antibiotics in citrus (grapefruits, oranges and tangerines) production, expanding on an emergency use decision it made in 2017. The public has an opportunity to comment on the widespread use of streptomycin by January 19, 2019. You can comment on the federal government’s public comment page (regulations.gov) by leaving a comment opposing any additional use of antibiotics in food production during a national and international crisis of deadly disease resistance to antibiotics. You can copy Beyond Pesticides’ prepared comment below and add your own concerns. Strikingly, the decision allows for up to 480,000 acres of citrus trees in Florida to be treated with more than 650,000 pounds of streptomycin per year, and 23,000 citrus acres in California will likely be treated annually. The two approved antibacterial chemicals to be used as a pesticide in citrus production are streptomycin and oxytetracycline. These uses were permitted by the U.S. Environmental Protection Agency (EPA) under an emergency exemption in May, 2017, allowing residues of antibiotics in Florida orange juice, for the antibiotics streptomycin and oxytetracycline –allowing their use for a bacterial disease, citrus greening (Candidatus Liberibacter asiaticus (CLas) bacterium that causes Huanglongbing), […]

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04
Dec

California Criticized for Adopting Inadequate Measures to Restrict the Highly Toxic Chlorpyrifos

(Beyond Pesticides, December 4, 2018) In mid-November, the state whose agricultural operations used more than 900,000 pounds of chlorpyrifos in 2016 (down from two million pounds in 2005) moved to establish some temporary restrictions on its use. Regulators at the California Department of Pesticide Regulation (CDPR) issued interim restrictions on the compound while the agency works on a formal regulatory process to list chlorpyrifos as a “toxic air contaminant” and develop permanent restrictions on its use. A neurological toxicant, chlorpyrifos damages the brains of young children: impacts of exposure, even at very low levels, include decreased cognitive function, lowered IQ, attention deficit disorder, and developmental and learning delays. It was slated to be banned for food uses by the U.S. Environmental Protection Agency (EPA) last year, but the decision was reversed by the Trump administration. The interim measures in California include: banning aerial application of chlorpyrifos; ending its use on many crops — except for those determined to be “critical” by virtue of there being few, if any, alternatives (as determined by the University of California Cooperative Extension and listed on DPR’s website); establishing a quarter-mile buffer zone for 24 hours after any application of the pesticide; and requiring a 24/7/365, 150-foot […]

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08
Nov

Study Confirms Chemical-Intensive Production Contaminates Organic with Glyphosate

(Beyond Pesticides, November 8, 2018) Two months after publishing its first series of tests, part two of an Environmental Working Group (EWG) study finds residues of Roundup’s active ingredient, glyphosate, in all General Mills’ Cheerios and PepsiCo’s Quaker Oats products sampled. Health advocates are expressing concern about the consequences of chronic glyphosate exposure, and say U.S. federal agencies must limit the herbicide’s use on oat-based breakfast foods regularly marketed to children. In addition, organic itself is under threat, as chemical-intensive management practices undermine the future of the growing organic movement. In this second round of testing, EWG scientists purchased products around San Francisco and Washington DC. 28 samples of conventional and 16 samples of organic oat products were collected. Approximately 300 grams of each General Mills and PepsiCo product were packaged and shipped to Anresco Laboratories, in San Francisco. Detected glyphosate residues were compared to EWG’s own health benchmark of 160 parts per billion (ppb). This benchmark is based on risks of lifetime exposure and what EWG scientists consider allowable and protective of children’s health with an adequate margin of safety.  EWG’s results detected glyphosate residues in all 28 samples of conventionally grown oat products. The vast majority (all but two) […]

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22
Oct

Take Action: Tell California Department of Pesticide Regulation to Ban Chlorpyrifos

(Beyond Pesticides, October 22, 2018) The California Department of Pesticide Regulation (DPR) is accepting comments on its proposal to classify chlorpyrifos as a toxic air pollutant. The classification would require DPR to develop control measures that adequately protect public health. What happens in California affects all of us because products of California agriculture are available all over the country –and the world. In addition, policies set by the state of California are often examples for other states and the federal government. Tell California Department of Pesticide Regulation to ban chlorpyrifos. California’s Office of Environmental Health Hazard Assessment (OEHHA) states: Under the Toxic Air Contaminant Identification and Control Act (AB 1807, Chapter 1047, Statutes of 1983) and its implementing regulations (Title 3, California Code of Regulations, Section 6864), one of the criteria for identifying a pesticide as a TAC is if its concentration in the air exceeds one-tenth of the level that has been determined to be adequately protective of human health. The draft TAC document shows that bystanders can be exposed to modeled air concentrations of chlorpyrifos that exceed one-tenth the protective level, and thus meet the criteria for TAC identification. OEHHA’s findings below serve to reinforce this overall conclusion, and […]

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21
Sep

Bayer’s Monsanto Asks Judge to Reverse $289 Million Glyphosate Decision

(Beyond Pesticides, September 21, 2018) Monsanto, now an integrated unit of Bayer AG, is asking Superior Court Judge Suzanne Bolanos to reverse the verdict, reduce the award, or grant a new trial for the company after a jury determined that a California groundskeeper contracted non-Hodgkin’s lymphoma from spraying glyphosate for years. Dewayne Johnson, who maintained the grounds of a California Bay-area school district, was awarded $289 million by a jury, which found that Monsanto acted with “malice or oppression.” Mr. Johnson’s case was the first of its kind to go to trial – fast tracked based on the severity of his illness – but over 8,000 similar lawsuits are pending in U.S. courts. Bayer’s Monsanto claims that the verdict does not reflect the scientific data. “While we are sympathetic to Mr. Johnson and his family, glyphosate is not responsible for his illness, and the verdict in this case should be reversed or set aside,” Bayer said in a September 18 statement. While Bayer contends that glyphosate does not result in individual applicators contracting cancer, this view is at odds with a 2015 designation from the International Agency for Research on Cancer (IARC), which determined the chemical is a probable carcinogen, […]

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14
Sep

Settlement Reached in Lawsuit Over Dioxin Contamination from Poison Poles in Central California

(Beyond Pesticides, September 14, 2018) A lawsuit first filed nearly a decade ago over dioxin contamination released from the storage of chemical treated utility poles was settled this week in U.S. District Court in San Francisco. Judge Richard Seeborg signed the agreement between California utility company Pacific Gas & Electric (PG&E) and the Ecological Rights Foundation (ERF), which commits PG&E to identifying storage yards holding treated poles, and implementing technologies that reduce dioxin levels through the year 2026. The utility poles of concern were treated with the chemical pentachlorophenol, which is regulated as a pesticide by the U.S. Environmental Protection Agency (EPA), and is known to produce dioxin as a byproduct of its manufacture. “Dioxins are among the most toxic chemicals known to science,” noted ERF attorney Fredric Evenson to KPIX 5.  “This has been a hard-fought legal battle, but in the end PG&E now appears to understand that dioxin has no business in our bay, and will now take meaningful action to benefit San Francisco Bay’s wildlife and residents who eat locally caught seafood.” As part of the settlement, PG&E is not required to admit any wrongdoing. “Because environmental stewardship is a guiding principle at PG&E, we are pleased […]

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12
Aug

Groundskeeper Who Used Monsanto’s Herbicide Roundup and Contracted the Cancer non-Hodgkin lymphoma (NHL) Wins $289 Million Jury Verdict

(Beyond Pesticides, August 12, 2018) In a stunning legal victory for a man who contracted non-Hodgkin lymphoma (NHL) after using the herbicide glyphosate (Roundup), groundskeeper Dewayne Johnson won a $289 million jury verdict against the chemical’s manufacturer, Monsanto. The jury on August 10, 2018 awarded the 46-year old Mr. Johnson $39 million in compensatory damages, and $250 million in punitive damages. The jury found that Monsanto acted with “malice or oppression.” “We applaud and thank Mr. Johnson, and his family and attorneys, for persevering in this litigation, which sets a critically important standard for protecting people’s right not be poisoned by pesticides in the marketplace,” said Jay Feldman, executive director of Beyond Pesticides. Mr. Feldman continued: “While we know that the jury verdict cannot restore Mr. Johnson’s health, we believe that the verdict is a clarion call to manufacturers that ignore the devastating impact that their products can have on unsuspecting workers, consumers, and families. We look forward to the day in the not-too-distant future when we recognize as a society that products like glyphosate (Roundup) are not necessary, and effective and affordable land and building management can be achieved without toxic chemicals. The case should also signal to all […]

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08
Aug

California to List Chlorpyrifos as a Toxic Air Contaminant

(Beyond Pesticides, August 8, 2018) On July 30, the California Department of Pesticide Regulation (DPR) released its scientific assessment concluding that the organophosphate insecticide, chlorpyrifos, should be listed as a Toxic Air Contaminant (TAC) in the state based on evidence of its neurological effects and exposure risks of concern. This comes after the 2017 decision by the U.S. Environmental Protection Agency (EPA) reversed its decision to ban the dangerous chemical after intervention by its manufacturer. Decades of scientific data show that chlorpyrifos damages fetal brains and produces cognitive and behavioral dysfunctions, particularly in utero and in children. Even at low levels of exposure chlorpyrifos can impact the developing fetus in pregnant women resulting in impaired learning, change in brain functions, and alter thyroid levels of children into adulthood. A study conducted by the Columbia University Center for Children’s Environmental Health (CCCEH) found that chlorpyrifos in umbilical cord blood samples corresponded with a decrease in the psychomotor and mental development in three-year olds. Additional data collected by CCCEH researchers demonstrated that children exposed to high levels of chlorpyrifos experience developmental delays, attention deficit, hyperactivity, as well as other pervasive developmental disorders. But despite this, and the advice of the agency’s own scientists, EPA, under the direction […]

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07
Aug

Trump Administration Reverses Ban of Bee-Toxic Pesticides on National Wildlife Refuges, as California Confirms Neonicotinoid Pesticides Harm Bees

(Beyond Pesticides, August 7, 2018) At the same time that a new analysis by California’s Department of Pesticide Regulation (DPR) finds current neonicotinoid uses in the state expose bees to residue levels known to cause harm, the Trump administration has reversed a 2014 U.S. Fish and Wildlife (FWS) decision to ban neonicotinoids on National Wildlife Refuges. In 2014, newly passed state legislation required DPR to study the impacts of neonicotinoids (imidacloprid, thiamethoxam, clothianidin, and dinotefuran) and adopt control measures to protect sensitive pollinator health within two years. In its report, released last month, DPR finds the highest risk to bees is posed by use of two neonicotinoids, thiamethoxam and clothianidin, on cereal grains like corn, wheat, rice, and barley. The seeds of these crops are typically coated with neonicotinoids before planting, where residues persist in the pollen and nectar. Although these findings are not surprising and have been documented in the scientific literature, California’s analysis indicates neonicotinoids can cause much broader harm, including to pollinators commonly found on many types of vegetables, cereal grains, tree nuts, fruits and tobacco. Shortly after a decision in the Pacific Region, FWS announced that all National Wildlife Refuges would join in the phase-out of neonics (while also phasing out genetically […]

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28
Jun

California Establishes Testing for Pesticides in Marijuana Products

(Beyond Pesticides, June 28, 2018) Having voted to allow retail recreational cannabis sales as of January 1, 2018, California will mandate testing for pesticide residue in cannabis products beginning July 1. Cannabis farmers welcome the regulations. Nikolai Erickson of Full Moon Farms in Dinsmore, California says, the new requirements will “clear the shelves of poor quality product and give small craft, organic farmers a chance to prove their quality over larger farms. . . . We’re the ones taking the time and energy, putting in the extra hours and the extra cost to ensure that we’ll pass testing. So we’re creating shelf space finally, getting value added for craft.” The new California laws require that any cannabis products sold by retailers must have undergone both quality and pesticide testing. Whereas from January 1 to June 30, 2018 regulations mandated testing for 21 pesticides and for microbial contaminants, such as E. coli, that number jumps to 66 in July. The regulations also institute new quality standards that analyze products for contaminants, such as feces, mold, and insect and rodent parts. The quality“bar” will jump again in December, when testing must also look for mycotoxins, terpenoids, and heavy metals. The stakes are high for producers […]

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01
Jun

States and Health Groups Sue EPA to Protect Farmworker Health

(Beyond Pesticides, June 1, 2018) States and civil society organizations launched new lawsuits in late May against the Pruitt Environmental Protection Agency (EPA) for its continued attack against farmworker health and safety. Two separate lawsuits, one filed by attorneys general in the states of California, Maryland, and New York, and another by health and justice advocates represented by Earthjustice and Farmworker Justice take aim at EPA’s decision to delay the implementation of training requirements designed to protect farmworkers and their families. This is the latest in a series of lawsuits which began when EPA announced it would delay the Certification of Pesticide Applicators Rule in May of last year. Under the Obama administration, EPA released new rules updating farmworker protections after over 20 years of inaction. These rules are important because unlike your average American worker, farmworkers do not have protections under the Occupational Safety and Health Administration (OSHA). At its introduction, the new standards raised the age to apply toxic pesticides to 18, and improved the frequency and quality of training materials farmworkers are provided, among a number of other positive changes. After EPA announced it would be delaying the implementation of these changes, and reviewing the age requirement, […]

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24
May

State Agency Criticized for Failing to Protect Highest At-Risk Communities

(Beyond Pesticides, May 24, 2018) California’s Department of Pesticide Regulation (DPR) is falling short of protecting vulnerable communities in the state, especially low-income and communities of color. This, according to a new report by California Environmental Justice Alliance (CEJA), which assesses state agencies on eight environmental justice principles. The poor showing by DPR comes at the forefront of reports that the state’s pesticide use has increased, nearing record highs. The findings are from California Environmental Justice Alliance’s (CEJA) 2017 Environmental Justice Agency Assessment, which provides full assessments of nine key agencies in the state including, California Air Resources Board, Department of Pesticide Regulation, and the Department of Toxic Substances Control, and lists an additional six agencies to monitor. The assessment gave the California Department of Pesticide Regulation (DPR) poor grades for its persistent failure to prioritize community health over industry profits. The agencies were judged on eight environmental justice principles, with a score of good, fair or poor for each. DPR’s scores were evenly divided between “fair” and “poor.” Specifically, the report concludes, “Many state agencies are not successfully integrating [environmental justice] into their decision-making. Overall, many state agencies still make decisions that actively harm [environmental justice] communities and fail to […]

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22
May

Two Hundred Million Pounds of Toxic Pesticides Used in California, According to 2016 Annual Data

(Beyond Pesticides, May 22, 2018)  A staggering 209 million pounds of pesticides were used in California in 2016, according to the latest data released by the Department of Pesticide Regulation (DPR). This figure refers only to applied “active” pesticide ingredients and not “inerts,” which often account for 80 to 99 percent of pesticide products and can be equally hazardous to human health and the environment. Even though pesticide use in the state has dropped by 1.4 percent from the previous year, pesticide use in 2016 was still the third highest in recorded history, since the inception of DPR’s comprehensive data collection program in 1990. In fact, the total pesticide use was only six million pounds shy of the highest amount ever recorded – 215 million pounds in 1998. The land area treated with carcinogens is as large as the size of New Jersey and Connecticut combined. Nearly 102 million cumulative acres of land were treated with pesticides in the state, ranging in toxicity from low to high risk. Each time an acre is pesticide-treated in a given year, DPR adds the acre to its cumulative list, even if the treatment is repeated on the same land. The 2016 figure represents an […]

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24
Apr

Court Affirms Listing Glyphosate as Probable Carcinogen

(Beyond Pesticides, April, 24, 2018) On April 19, 2018, an Appellate Court in California sided with the State of California, affirming that Monsanto’s glyphosate can be listed as a probable carcinogen under the state’s Proposition 65 and rejecting Monsanto’s challenge to law. The state will not only move ahead with warning labels on products that contain glyphosate but also prohibit discharge of the pesticide into public waterways. Monsanto’s lawsuit challenged the 2015 decision by California’s Office of Environmental Health Hazard Assessment (OEHHA) to list glyphosate, the active ingredient in Monsanto’s herbicide, Roundup, under California’s Proposition 65. Proposition 65 requires notification and labeling of all chemicals known to cause cancer, birth defects or other reproductive harm, and prohibits their discharge into drinking waters of the state. In 2015, the International Agency for Research on Cancer (IARC) of the World Health Organization (WHO) concluded that glyphosate is “probably carcinogenic.”  Under the Labor Code listing mechanism of Proposition 65, substances identified by IARC must be listed in the state of California as known to cause cancer. This listing requires warning labels on products and the listed substances are subject to limits on discharges into surface waters. California added glyphosate to the list of cancer-causing chemicals in July […]

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15
Mar

Scientists Urge Action to Protect California Waterways from Neonicotinoid Insecticides

(Beyond Pesticides, March 15, 2018) On Tuesday, a group of 56 scientists studying the effects of neonicotinoids sent a letter to California’s Department of Pesticide Regulation (CDPR) highlighting the threat neonicotinoids pose to the health of California’s waterways. The scientists urge CDPR to take steps to reduce neonicotinoid contamination of the state’s streams and rivers. This comes as neonicotinoids were recently reported to be pervasive throughout the Great Lakes, and federal assessments confirm high risks to aquatic species. According to the letter, neonicotinoids are already found in California waterways at levels that exceed the freshwater invertebrate aquatic life benchmarks and could harm or kill many sensitive aquatic invertebrate species. Citing a 2016 study by the Xerces Society that found imidacloprid frequently in California’s rivers and streams at levels harmful to species such as mayflies and caddisflies. Imidacloprid samples in California from 2010-2015 showed that 42% (197 of 468) of detections exceeded the acute invertebrate benchmark and all of the detections exceeded the chronic invertebrate benchmark. In certain regions of the state, particularly agricultural areas, the imidacloprid benchmark for acute effects was more frequently exceeded. The scientists note these chemicals can “have consequences for broader ecosystems. Declines in aquatic invertebrates put other species […]

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05
Mar

Pesticide Chlorpyrifos Linked to Brain Damage, Advocates Call for Ban

(Beyond Pesticides, March 5, 2018) Even if you don’t live in California, chances are that you eat food that is grown there. Unless all that food is organic, some of it was probably sprayed with chlorpyrifos, exposing not only you, but also the farmworkers responsible for its cultivation and harvest. Farmworker families –especially children—who usually live close to the treated fields, suffer higher impacts than those living further away. Tell Governor Brown to ban chlorpyrifos now, for the sake of the children. Five months after the California Department of Pesticide Regulation (DPR) issued its weak and inadequate draft risk assessment for the brain-harming pesticide chlorpyrifos, the state’s Scientific Review Panel (SRP) ordered DPR back to the drawing board to produce a much stronger draft that properly considers the risk of harm to the developing brain. In view of EPA’s retraction of its proposal to revoke food residue tolerances of the highly neurotoxic insecticide chlorpyrifos, despite its own assessment that the chemical is too toxic to children, it is especially important that California take action to ban the chemical. California, the home of the largest agriculture industry in the country, used over one million pounds of chlorpyrifos on over a million acres […]

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02
Mar

California Court Halts State Spray Programs over Failure to Conduct Environmental Impact Analyses

(Beyond Pesticides, March 2, 2018) California’s Department of Food and Agriculture (CDFA) can no longer use toxic pesticides in accordance with its Statewide Plant Pest Prevention and Management Program, due to a Superior Court-ordered injunction issued last week. This action came in response to a lawsuit filed by the City of Berkeley and 11 public health, environmental, conservation, citizen and food safety groups, which argued that CDFA has failed in its duty to protect human health, the environment and the state’s organic agriculture. CDFA’s lack of compliance with California’s Environmental Quality Act (CEQA) resulted in the court’s suspension of “all chemical activities undertaken…to control or eradicate pests,” “unless and until” the agency corrects violations. The injunction follows a January 8 court ruling annulling CDFA’s Program Environmental Impact Report (PEIR), due to numerous state environmental law violations. Under CEQA, agencies must produce an Environmental Impact Report (EIR –the California state equivalent of an EIS) for any project with potentially significant environmental impacts. Unlike the National Environmental Policy Act (NEPA), it also requires the state to prevent or mitigate negative impacts. Agencies may avoid conducting an EIR for each action by conducting a programmatic EIR (PEIR) for its program. In its outline of implementation […]

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09
Feb

States Join Monsanto Challenge of California’s Cancer Warning for Glyphosate

(Beyond Pesticides, February 9, 2018) Attorneys General in eleven states join Monsanto and the National Wheat Growers Association last month in challenging California’s listing of glyphosate as a carcinogen under the state’s Proposition 65 law. California added glyphosate to the list of cancer-causing chemicals in July 2017, but has since been attacked by Monsanto and its allies for carrying out state law that requires carcinogens to be labeled and monitored. The plaintiffs, led by the National Association of Wheat Growers, argue that listing glyphosate as a carcinogen under Prop 65 will irreparably harm the agriculture industry, adversely affecting farmers and consumers throughout the U.S. The case, seeking a stay of the listing, was filed in the in Federal Court in the Eastern District of California in November, 2017. Earlier last year, Monsanto lost its case before a state Superior Court in which it sought to stay the Prop 65 listing. Idaho, Indiana, Iowa, Kansas, Louisiana, Michigan, Missouri, North Dakota, Oklahoma, South Dakota and Wisconsin have filed an amicus brief in support of the preliminary injunction sought by agriculture groups against California’s Prop 65 regulation. The U.S. Chamber of Commerce and the California Chamber of Commerce filed their own amicus brief in support of […]

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11
Jan

Court Rejects California’s Blanket Approval for Pesticide Applications

(Beyond Pesticides, January 11, 2018) A California court has halted a state program allowing pesticide spraying at schools, organic farms, and backyards across California because of inadequate public disclosure of the chemicals’ adverse effects. The California Department of Food and Agriculture’s (CDFA) statewide “pest management” program required no site-specific analysis of risks before the application of 79 pesticides, including some known to cause cancer and birth defects and to be highly toxic to bees, butterflies, fish and birds. Relating to the broad application of pesticide use allowances under the state’s required Program Environmental Impact Report (PEIR), issues of concern in the case included: i) a failure to conduct site-specific environmental impact asssessment, while allowing the “substantially similar” uses without environmental review; (ii) broad application of a PEIR to subsequent activities without a Notice of Determination ; (iii) includes an inadequate project description; (iv) a failure to adequately describe the baseline environmental conditions; (v) a failure to adequately analyze the Project’s environmental impacts (including biological, water, human health, and farming impacts); (vi) a failure to adequately analyze cumulative impacts; (vii) legally inadequate mitigation measures; (vii) a failure to consider a reasonable range of alternatives; and (viii) a failure comply with public agency consultation […]

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