(Beyond Pesticides, August 2, 2024) In a recent study published in Science, a team from the University of Massachusetts and Yale University provides quantitative insight into the significant effects of a recent U.S. Supreme Court decision on the nation’s water quality. This research highlights the essential role of ephemeral streams—water sources that flow temporarily after rainfall—in transporting pollutants, including pesticides, sediments, and nutrients from land to larger water bodies.  This comprehensive study underscores the devastating risk to U.S. water quality, stemming from the May 2023 U.S. Supreme Court decision, Sackett v. Environmental Protection Agency (EPA), which dramatically limits the agency’s ability to protect ephemeral streams as well as critical wetland ecosystems under the Clean Water Act (CWA).  As a May 2024 report by Clean Water for All Coalition notes, “The [Sackett] decision has endangered the drinking water sources of at least 117 million Americans by stripping protections from over half of the nation’s wetlands, as well as up to nearly 5 million miles of rain-dependent and seasonal streams that feed into rivers, lakes, and estuaries.” At a time when an immediate response to the climate crisis and chemical pollution is more urgent than ever, the U.S. Supreme Court’s judicial decisions are seen […]

(Beyond Pesticides, June 27, 2024) Earlier this month, Public Employees for Environmental Responsibility (PEER) filed a lawsuit against the U.S. Environmental Protection Agency (EPA) on behalf of a group of ranchers and farmers in Texas harmed by biosolids contaminated with per- and polyfluoroalkyl substances (PFAS). The plaintiffs charge that their health and livelihoods were severely damaged due to contaminated biosolids leaching from neighboring properties onto their land. Despite EPA’s responsibility under the Clean Water Act (Section 405(d) and 40 CFR Part 503) to identify toxic pollutants in biosolids and regulate them to protect human health and the environment, the agency has not effectively addressed the dangers posed by PFAS in biosolid fertilizers. EPA’s failure has dramatic impacts on farmers as well as the public, who are eating or drinking PFAS-contaminated crops, dairy milk, beef, or other meat products. The shortcomings of federal regulations underscore the urgent need for a shift in how federal and state agencies approach these issues, prioritizing precaution to prevent future harm. The persistence of these legacy or “forever” chemicals in the environment illustrates the severe consequences of a historically lax regulatory framework in the U.S.  The National Association of State Departments of Agriculture (NASDA) has identified […]

(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, November 3, 2023) California joined 10 other states that have laws partially restricting use of bee-toxic neonicotinoid (neonic) insecticides with the enactment of CA AB 363 into law in October, 2023.  California’s new law will ban over-the-counter sales of lawn and garden neonics by 2025, limiting their use to licensed pesticide applicators. The legislation gives the state’s Department of Pesticide Regulation (CA EPA) until June 30, 2029 to take broader action on neonics, if it determines restrictions are necessary. CA 363 will take neonics out of the hands of homeowners, while allowing lawn care companies to continue use. The California law falls short of the strongest state laws in Nevada, New Jersey, and Maine that eliminate all outdoor (nonagricultural) uses of these chemicals, even by lawn care companies. In June, 2023 Nevada became the third state to ban lawn and garden uses of neonics, while Colorado prohibited homeowner use of land and garden neonic products, similar to laws in Maryland, New York, Massachusetts, Rhode Island, and Vermont.  Minnesota recently banned neonic use on state lands and granted its home-rule subdivisions the authority to ban “pollinator-lethal pesticides” (those with bee warning labels) under its state law preempting local authority […]

(Beyond Pesticides, May 9, 2022) The Colorado legislature last week passed SB23-266, a bill limiting the use of bee-toxic neonicotinoid pesticides in the state. The news comes as other states consider their own restrictions, and the U.S. Environmental Protection Agency (EPA) is publishing details on exactly which endangered species are set to be harmed by the ongoing use of these harmful insecticides. This latest news shows that protecting pollinators is possible, and urgently needed given growing understanding of the dangers these chemicals pose to the most vulnerable wildlife in the country.   The Colorado bill requires the state’s commissioner of agriculture to adopt rules designating neonicotinoid pesticides as ‘limited-use’ pesticides in the state. With this designation, only licensed pesticide dealers may sell products containing these chemicals. Per the state’s legal code, the “limited-use” designation means the same as a federal “restricted-use” pesticide, which permits sales and use only for certified applicators. Passage of this bill marks an important step forward for pollinator protection efforts in the state. It will help ensure that homeowners are not able to easily purchase this product at big box retailers, but will allow continued use in residential areas and in agriculture. Colorado’s bill fulfills guidance […]

(Beyond Pesticides, June 28, 2022) There is a strong connection between pesticide use and cancer rates in the Western United States, finds research recently published by scientists at University of Idaho and Northern Arizona University. Two studies (here and here) published in the peer-reviewed journal GeoHealth used geospatial data and publicly available pesticide databases to uncover the relationship between chemical heavy agricultural practices and cancer in both adults and children. As the rate of chronic diseases like cancer continue to increase in the United States, and more and more studies find these diseases to be pesticide-induced, it is imperative for the public to put increased pressure on regulators and lawmakers to enact meaningful measures that eliminate pesticide use and the hazards these chemicals pose. Of the two studies conducted by the research team, the first study modeled the connection between pesticide use and cancer incidence for adults and children in 11 western states (Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming), while the second study focuses on childhood cancer rates in Idaho’s 44 counties. Both studies utilized databases established by public entities, including U.S. Geological Survey (USGS) Pesticide National Synthesis Project database, EPA Pesticide Industry […]

(Beyond Pesticides, February 7, 2017) After years of legal battle, the Colorado Court of Appeals last week affirmed a ruling that Colorado rancher, James Hopper, must serve two days in jail and pay a $7,500 fine for spraying pesticides that drifted unto his neighbor’s farm in violation of a 2012 court order protecting his neighbors. In 2012, organic farmers Rosemary Bilchak and her husband Gordon MacAlpine, were granted a permanent injunction prohibiting pesticide applications within 150 feet of the property line in order to reduce pesticide drift. Last week’s decision bolsters a legal precedent that wafting pesticides can constitute a trespass against which adjacent landowners and people with health sensitivities are protected. The legal battle began in 2011 when Mr. Hopper obtained his Colorado pesticide applicator’s license and applied the adulticide Fyfanon, which contains the organophosphate insecticide malathion, to kill mosquitoes on his property. However, the pesticide drifted onto Ms. Bilchak and Mr. MacAlpine’s organic vegetable farm. In 2012, a District Court Judge ruled that they have a right not to have their property invaded by other people or things, and prohibited Mr. Hopper from fogging for mosquitoes within 150 feet of his neighbor’s property or allowing the pesticides to drift, […]

(Beyond Pesticides,  November 7,  2016) In a letter  last week on the widely used weedkiller  atrazine, Rep. Ken Buck (R-CO) and 105 of his colleagues told Gina McCarthy, administrator of the U.S. Environmental Protection Agency (EPA), that, “It would be irresponsible to greatly restrict one of the safest and most trusted herbicides on the market.” The  letter was triggered by EPA’s release in June of its  draft  Ecological Risk Assessment on atrazine, which found levels of concerns exceeded by as much as 200-fold for some organisms. Lawmakers indicated that the draft assessment in its present form, “Would have a significant impact on farmers and rural communities nationwide.” Despite a wealth of information to the contrary, they claim that restricting the use of atrazine would put an unnecessary financial burden on farmers. Atrazine, produced by Syngenta,  is the second-most widely used pesticide in the U.S., with over 73 million pounds applied each year. While Rep. Buck claims that atrazine is a safe chemical, years of research shows that the chemical poses unacceptable risks to human health and the environment.  Once applied, the chemical often washes into surface water and leaches into groundwater. Water contamination issues spurred community water utilities  across the […]

(Beyond Pesticides, August 31, 2016) Last week, a Denver marijuana company went through its first inspection for the Colorado-based Organic Cannabis Association’s (OCA) new “pesticide-free” certification. This voluntary certification program was developed by OCA following an indefinite postponement of the Pesticide-Free Marijuana Bill, HB 16-1079 by the Colorado Senate and the failure of  the Colorado Department of Agriculture (CDA) to implement meaningful regulations to protect  users within the state from pesticides that are not regulated  for use in cannabis production by the U.S. Environmental Protection Agency (EPA) and the states. While the certification program is characterized as “pesticide-free,” it is focused on residues on the finished product, allowing the use of pesticides that do not appear on the narrow list of those restricted by the state of Colorado. The certification is a a step in the right direction for consumers who wish to protect themselves from unwanted pesticides in their cannabis products, however it is important to note that it  does not equate to a USDA organic inspection, as marijuana remains illegal at the federal level and is unable to qualify for certification under the USDA National Organic Program (NOP). While discussing his inspiration for developing such a program, OCA […]

(Beyond Pesticides July 25, 2016) The Oregon Department of Agriculture (ODA) last week issued 12 notices of statewide detainment and stop sale and removal orders for horticultural pesticide products that contain active ingredients not listed on the label. The orders call for the product manufacturers to immediately cease all sales, offers of sale, or other distribution in Oregon. This is the latest effort by a state with a legalized marijuana market to try to  curb the use of illegal pesticides in cannabis production, a practice that poses potential health threats to consumers, creating a regulatory challenge for state officials in states that have legalized marijuana for medicinal and or recreational purposes. Because the U.S. government classifies cannabis as a narcotic, the U.S. Environmental Protection (EPA) does not register pesticide products for use in its production, leaving consumers exposed to hazardous pesticides through inhalation, ingestion, and dermal absorption without any evaluation of potential health effects. The products in question are commonly used in horticulture and hydroponics, including cannabis production. The 12 notices cover 14 products sold in Oregon that were also identified by the Washington State Department of Agriculture (WSDA) in late June as containing undeclared pesticide active ingredients. In an […]

(Beyond Pesticides, March 21, 2016) Last Thursday, Boulder County (CO) commissioners directed staff to draft up a plan to phase out genetically engineered (GE) crops on all farmland owned  by the county. The county’s current policy, adopted in 2011, allows tenant farmers to grow certain types of GE corn and sugar beets on land leased through Boulder County, and will remain in effect at least until the end of the year. The five-year policy old has frequently come under fire from individuals and environmental groups that challenge the safety of GE crop production systems, and their effect on human health, water quality, soil health, and the overall environment. The Boulder County commissioners heard  recommendations from the county’s advisory committees, including the county’s Croplands Policy Advisory Group, the Food and Agriculture Policy Group, and the Parks and Open Space Advisory Group. A public hearing was held on Feb. 29  also provided public input on whether to continue or change the current approval in Section 6.1 of the Boulder County Parks & Open Space Cropland Policy that allows for the use of certain genetically engineered (GE) crops on Open Space land. That approval expires on December 20, 2016. More than 100 people […]

(Beyond Pesticides February 24, 2016) Last Friday, Colorado’s House Public Health Care and Human Services Committee heard a proposal to create a contaminant-free certification system for marijuana sold within the state. This program, intended to resemble the federal National Organic Program, was offered as a legislative response to protect consumers after the Colorado Department of Agriculture (CDA) failed to implement meaningful regulations to keep marijuana users within the state safe from the harms associated with unregulated pesticides use on cannabis crops. If the proposal moves forward, Colorado will becomes the first state to establish and regulate an organic label in its marijuana  industry, paving the way for other states with legalized marijuana industries to follow suit. Massachusetts and New Hampshire require that cultivation practices are consistent with USDA national organic standards. “Consumers have a right to know what they’re putting in their body,” said Colorado Rep. Jonathan Singer, co-sponsor of HB16-1079, which requires that CDA set up an independent program to certify that cannabis sold in the state is pesticide-free. Companies that  meet the standard would then be able to use special labeling to alert consumers that their products are entirely pesticide-free. The program will  also attempt to address concerns […]

(Beyond Pesticides, February 2, 2016) Boulder, Colorado’s McGuckin Hardware is setting an example for hardware stores across the country by removing bee-toxic neonicotinoids from its store shelves, and working to reorient its customers toward natural, holistic practices. McGuckin’s change is the latest in a movement among local hardware businesses to take a stand against toxic pesticides that are harmful to pollinators and unnecessary to control problem pests. “We wanted to be one of the first to get rid of them,” said Steve Wilke, McGuckins marketing communications specialist in a piece published in Hardware Retailing, a newsletter run by the North American Retail Hardware Association. Local and national advocates are praising McGuckin’s shift away from products that harm pollinators. “People are very excited about the dramatic steps McGuckin’s has taken to get neonics out of our environment,” said David Wheeler of the local pollinator-advocacy organization Bee Safe Boulder. Bee Safe Boulder is a coalition of concerned Boulder residents that successfully fought for the passage of a pollinator resolution in the City of Boulder, Layfayette, and Boulder County, Colorado. The organization also has a project aimed at encouraging local retailers to stop selling plants coated in neonicotinoids; 18 retailers in the area, […]

(Beyond Pesticides January 22, 2016) Last week, the Oregon Department of Agriculture (ODA) released a list of pesticide products available for use on marijuana cultivated within the state. The list, which contains 257 pesticide products, aligns with similar product lists published by Washington State and Colorado, and raises the same concerns over the allowance of products that violate the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and have not been subject to health evaluations of public exposure to the pesticides used. Those concerns were on full display last week in Colorado, when the Colorado Department of Agriculture (CDA) held a public meeting to discuss amendments to its Pesticide Applicators’ Act that would allow growers to use pesticides that violate FIFRA. Additionally, in an attempt to address consumers’ concerns over the issue of unregulated pesticides in marijuana, two lawmakers in Colorado introduced a bill that would establish a program for certifying marijuana as “pesticide free” within the state. Oregon Releases List of Approved Pesticides for Cannabis Growers Like Colorado and Washington, the Oregon list construes broad label language to allow the use of pesticide products that have not been specifically tested for use on marijuana, despite the fact that the Environmental […]

(Beyond Pesticides, November 17, 2015) Last Thursday, Colorado Governor John Hickenlooper issued an executive order directing state agencies to address public safety concerns related to pesticide-contaminated cannabis. The next day, the state of Oregon adopted new rules strengthening its requirements for laboratory testing of cannabis for pesticides. The state-level action on  pesticide-tainted cannabis is viewed as responsive to an ongoing public health threat. However, safety advocates say steps are needed to ensure that cannabis users, particularly medical patients with cancer, seizures, or other immune compromising diseases, are safe from toxic chemicals. Governor Hickenlooper’s Executive Order As a result of a number of quarantines on pesticide-laced cannabis in Denver, a warning letter and testimony delivered by Beyond Pesticides, and a recent lawsuit against a major Colorado grower, pressure has been building on the state to address this issue. In the executive order (EO), the governor acknowledges that because of cannabis’ status as a schedule 1 narcotic under federal law, the U.S. Environmental Protection Agency (EPA) has “neither assessed the potential health hazards posed by treating marijuana with pesticides, nor has it authorized the application of any pesticide specifically for use on marijuana.” The EO notes that it is a violation of […]

(Beyond Pesticides October 8, 2015) Colorado’s largest pot grower, LivWell Inc., was sued over illegal pesticide use in a law suit filed Monday in Denver District Court. Two marijuana users, one of whom suffers from a brain tumor and holds a medical card to use the product, allege that the grower used a potentially dangerous pesticide in the production of marijuana they later purchased. The suit asks for an undisclosed amount of damages and also claims that an implied promise to consumers was breached when LivWell sold high-grade and medical-grade marijuana treated with unapproved pesticides to consumers. The main pesticide at issue in this case is myclobutanil  or Eagle 20, which is the same product that led to tens thousands of plants being  quarantined last spring after testing positive for the  fungicide during a routine inspection by the Denver Department of Environmental Health. Growers claim that without the fungicide their plants are endangered. The 40-page lawsuit claims that myclobutanil, when heated, breaks down to “poisonous hydrogen cyanide” and alleges that consumers who smoke marijuana treated with Eagle 20 ingest the gas.” While neither plaintiff alleges they were sickened from ingesting the marijuana they purchased at LivWell, both claim they would […]

(Beyond Pesticides September 23, 2015) Last week in Colorado the attorney general (AG) began an investigation into the use of the word “organic” by marijuana businesses operating within the state amid complaints of misrepresentation by consumers. This decision to look into potential misuse of the term “organic” follows on the heels of a recall  for marijuana plants that was voluntarily issued by two Denver marijuana growing facilities after city health officials found unapproved pesticides on their crops during routine testing. The AG’s office decided to review this issue after complaints from consumers that merchants are misrepresenting their products when they claim they are “organic” or “organically grown.” State marijuana license records in Colorado show that 29 businesses ””growers, retailers and dispensaries”” use the word “organic” in their name. Because marijuana is illegal under federal law, and use of the term “organic” is federally regulated, a licensed cannabis business cannot be certified as organic no matter its practices. As such, city and state officials as well as industry insiders argue that no marijuana business in Colorado can technically use the word in its name or in selling its product. According to the United States Department of Agriculture (USDA), “Marijuana may not […]

(Beyond Pesticides, September 17, 2015) On Tuesday, the City Council of Lafayette, Colorado unanimously approved a resolution to prohibit bee-toxic neonicotinoid insecticides on city property. The resolution restricts the use of neonicotinoids on any land owned or operated by the city, including public rights-of-way, parks, playing fields, watersheds and ditches, open space lands, and public landscapes. Modeled on  a resolution passed in May by neighboring Boulder city, the new resolution has been propelled through the City Commission with  support from grassroots organizations, including Bee Safe Boulder and Pesticide Free Boulder County Coalition. The resolution affirms that the City of Lafayette: Not purchase or use any neonicotinoid pesticides on city owned or operated land; Restrict city and agricultural contractors from using neonicotinoids like imidacloprid, clothianidin, thiamethoxam, dinotefuran, etc.; Provide exceptions only when emergency situations where the life or health of a valuable, important land asset is at risk, such as a valuable tree or golf course, and when the neonicotinoid application is the most effective option; Urge all residents and business in Lafayette to suspend neonicotinoids for use in seed treatment, soil application, foliar treatment, and other bee-attractive settings; Purchase landscape materials that have not been treated with neonicotinoids and urge […]

(Beyond Pesticides, July 29 2015) The  Safe and Accurate Food Labeling Act of 2015,  H.R. 1599, often referred to as the “DARK” Act or Denying Americans the Right to Know what is in their food, passed the U.S.  House of Representatives last week by a vote of 275-150. Backed largely by House Republicans, the DARK Act makes it harder for the Food and Drug Administration (FDA) to require mandatory national labeling of genetically engineered (GE) organisms and strengthens current policies that allow companies to voluntarily label foods containing GE products, an option they rarely choose to do. The bill also continues to allow misleading “natural” claims for food that contain GE ingredients. Most concerning, however, is the prohibition  that H.R. 1599 would place  on states’ authority to require labeling of GE ingredients in food products, instituting federal  preemption of state and local authority. While the bill was being debated on the floor, co-sponsors Representatives Mike Pompeo (R-KS) and G.K. Butterfield (D-NC) repeatedly cited a lack of scientific evidence that GEs were dangerous to support the passage of the bill, ignoring arguments from the opposition that people should be able to know what is in their food, regardless of whether it […]

(Beyond Pesticides, July 15, 2015) Yesterday, Beyond Pesticides sent a letter to the Colorado Department of Agriculture  (CDA) urging officials  to reconsider their latest position on pesticide use in  cannabis cultivation  and warning them of potential violations of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) that would likely arise moving forward. This letter was written in response to recent actions by CDA that encourage stakeholders to pursue exemptions for highly toxic pesticides and other indications that the state intends to allow the use of other pesticides under general label language that does not specifically address use on marijuana. Both of these approaches violate federal law and Environmental Protection Agency (EPA) regulations. Given the potential legal challenges associated with approving toxic pesticides for use on cannabis, Beyond Pesticides encourages CDA to allow within the state only the use of pesticides of a character unnecessary for regulation, which fall under section 25(b) of FIFRA. For several months, government entities in the state have been at odds with marijuana growers over whether or not pesticides can be used to cultivate their crops. In early June, CDA published a list of pesticides it  believed, through general labeling language, may be used on cannabis, […]

(Beyond Pesticides, May 19, 2015) Last week in Denver, Colorado a U.S. District Court judge handed down a preliminary decision that may  dramatically alter how marijuana is grown across the state. On Friday, Judge John Madden sided with the Denver Department of Environmental Health (DDOH), refusing to lift a quarantine that has been keeping tens of thousands of marijuana plants off the market since March over suspected use of certain pesticides. In the absence of federal regulations governing pesticide use on marijuana plants, as highlighted in a report written by Beyond Pesticides this March, the state-level decisions coming out of Colorado on this issue have the potential to set important precedents for pesticide regulation and pot production in other states that have legalized marijuana. The plaintiff, marijuana producer Organic Greens, took the fight to court to ask a judge to determine whether Denver health officials and state agriculture inspectors have the right to quarantine and test marijuana they believe has been improperly contaminated with certain pesticides. On March 25, DDOH found “sufficient evidence that marijuana plants or marijuana product on the [Organic Greens] premises may have been contaminated by pesticides that have been determined by the Colorado Department of Agriculture […]

(Beyond Pesticides, May 6, 2015) The City of Boulder, Colorado yesterday became the most recent locality in the U.S. to restrict the use of bee-toxic neonicotinoid (neonic) pesticides  on city property. The resolution moved forward primarily as a result of efforts by grassroots activists with the local organization Bee Safe Boulder, but also received strong support from city officials. “We at Bee Safe Boulder, along with city staff and elected city council members, believe that this resolution will become the go-to template for other local governments with similar aspirations in the near future,” said David Wheeler, co-founder of the local group. Under the new resolution, Boulder has committed to: Not applying neonicotinoid pesticides to city property; Encouraging “all related parties,” including county, state, and federal governments and private individuals to suspend their use of neonicotinoids until a thorough review is completed and a public health and environmental assessment can prove their safety; Seeking out plants and seeds not treated with neonicotinoids, and encouraging all businesses, homeowners, and HOAs within the city to make efforts to ensure no neonic-containing products are sold or used within the city; Engaging in efforts to educate the broader community about reducing neonicotinoid pesticides, and encouraging […]

(Beyond Pesticides, March 27, 2015) Portland, Oregon is considering a ban on neonicotinoids, a class of insecticides linked to bee deaths, from use on city property. If the measure passes, Portland will join a long list of towns and communities, including Eugene (Oregon),  Skagway (Alaska),  and, in Washington State, Thurston County,  Seattle, and Spokane. Under the proposed ordinance, city officials would not be permitted to use or buy neonicotinoids or similar pesticides on city lands or in city buildings and would urge stores to label products, such as plants and seeds treated with neonicotinoids. The proposal also applies to city contractors. Additionally, the proposed ban on neonicotinoids and neonicotinoid-like insecticides would not apply immediately to two city rose gardens. Officials say the rose midge, a pest, is difficult to eradicate with the insecticide. Instead the city will look for an alternative method using a pilot project at Peninsula Park in North Portland to test alternative non-toxic insecticides. That proposal would be phased in with a deadline of December 2017 to eliminate all neonicotinoid-based products. The proposal cites seven separate bumble bee incidents in Oregon related to the application of neonicotinoids on trees since June 2013, documented by the state’s Department […]