(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, April 17, 2024) With headlines drawing public attention to the contamination of drinking water after years of federal government neglect, the U.S. Environmental Protection Agency (EPA) announced on April 10 new standards to reduce public exposure to PFAS, or per- and polyfluoroalkyl substances, commonly referred to as “forever chemicals” because of their persistence. EPA has finalized a National Primary Drinking Water Regulation (NPDWR) for six PFAS, including PFOA and PFOS, which EPA has recognized have no safe level of exposure, regulating new chemicals for the first time since the 1996 amendments to the Safe Drinking Water Act (SDWA). PFAS persistence and bioaccumulation in humans, wildlife, and the environment is due to the strength of a resulting fluorine–carbon atom bond. PFAS contamination of drinking water, surface and groundwater, waterways, soils, and the food supply—among other resources—is ubiquitous worldwide. PFAS is used in everyday products, including cookware, clothes, carpets, as an anti-sticking and anti-stain agent, in plastics, machinery, and as a pesticide. The action was welcomed by environmentalists and public health advocates as an important step but left many concerned that any level of exposure to these chemicals is unacceptable and critical of EPA’s ongoing failure to act despite years […]

Upcoming EPA Review of Nitrates in Waterways Raises Health and Environmental Questions About Synthetic Nitrogen Fertilizer Use. In  a quiet reversal of a 2018 Trump administration decision, EPA is resuming an evaluation of the health impacts of nitrate in water, reflecting the long-standing and mounting evidence of synthetic nitrogen’s adverse effects on human health and the environment, particularly in vulnerable communities.

(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, October 11, 2023) Rachel Carson Conservation Park, a 650-acre conservation area in Montgomery County, Maryland, named in honor of the renowned scientist and author Rachel Carson, is now at the center of a controversy surrounding the use of toxic herbicides. Ms. Carson played a pivotal role in raising awareness about the harmful ecosystem and human health effects of pesticides that led to the banning of DDT. Environmentalists and concerned citizens have raised alarm over the recent spraying of “invasive weeds” with Garlon 3A, a powerful herbicide, within the park’s boundaries. Concern about pesticide use in Montgomery County is complicated by competing jurisdictions and restrictions within the county, and highlights the stark difference between nontoxic organic practices and pesticide-dependent Integrated Pest Management. (See more below on Montgomery County land management policy for local parks.) According to the Montgomery County website: “Montgomery County Parks [Maryland-National Capital Park and Planning Commission or M-NCPPC] are a State agency. M-NCPPC operates under an integrated pest management plan (IPM). Montgomery Parks manages all playgrounds, community gardens and common lawn areas within local parks without the use of pesticides. In 2016, Montgomery Parks designated ten pesticide-free parks. In September 2019, the program expanded to 45 […]

(Beyond Pesticides, October 7, 2020) This week the Baltimore, Maryland City Council passed an ordinance restricting the use of toxic pesticides on public and private property—including lawns, playing fields, playgrounds, children’s facility (except school system property [golf courses are exempt]—following an approach similar to legislation first spearheaded by Montgomery County, MD in 2015. While the legislation, 20-0495, An Ordinance Concerning Pesticide Control and Regulation, generally limits inputs to the allowed materials under federal organic law, it provides for allowances for glyphosate by the Department of  Recreation and Parks. If signed by the Mayor, as expected, Baltimore City will become the most recent Maryland jurisdiction to exercise its authority to regulate pesticide use on private property, after a ruling of the state’s highest court. Language in the Baltimore ordinance tracks a similar framework to the Healthy Lawns Act passed in Montgomery County, Maryland. Any pesticide that is not compatible with organic land care—allowed under certified organic by the U.S. Department of Agriculture (USDA) or considered minimum risk by the U.S. Environmental Protection Agency (EPA)—is subject to the bill’s restrictions. Use can only occur under limited exceptions, such as to manage particularly invasive species, as well as health or economic threats. Bee-toxic […]

(Beyond Pesticides, August 25, 2020) The City of Gaithersburg, MD has chosen to opt-in to Montgomery County’s Healthy Lawns Act, restricting toxic pesticide use on public and private property. According to the local Patch, the mayor and City Council voted to adopt the law in mid-August, and it will take effect for all residents and businesses in city on December 1. Although Montgomery County passed the Healthy Lawns Act approximately five years ago, incorporated cities within the county are required to proactively opt-in to the law for it to apply within their jurisdiction. Gaithersburg is the latest, and largest city to opt-in to the county’s law, which encourages organic practices by limiting pesticide use on lawns and landscapes to products that are certified organic or considered minimum risk by the U.S. Environmental Protection Agency. In mid-June, the Town of Garrett Park also opted in to the law, according to reports. Advocates are advocating that all cities within Montgomery County adopt the law. The same group of grassroots advocates that pushed Montgomery County leaders to adopt its Healthy Lawns Act years ago is also leading the push for opt-ins. Safe Grow Montgomery, a group of concerned mothers and fathers working for […]

(Beyond Pesticides, March 24, 2020) Last week, Maryland became the latest state to prohibit use of the brain-damaging insecticide chlorpyrifos, after a measure cleared both the state Senate and House. Although the legislation implements a limited ban that sunsets after four years, advocates consider this action a step in the right direction that will protect the health and safety of Maryland residents. “Even amidst our current public health crisis, the Maryland legislature acted to protect all Marylanders’ health for years to come by banning this toxic pesticide, and we are so grateful,” said Ruth Berlin, Executive Director of the Maryland Pesticide Education Network to WBOC. Chlorpyrifos is an organophosphate insecticide known to inhibit the proper nerve functioning by affecting the enzyme acetylcholine esterase. The impacts of this pesticide are particularly concerning for young children, as research finds that children exposed to high levels of chlorpyrifos had mental development delays, attention problems, attention-deficit/hyperactivity disorder problems, and pervasive developmental disorder problems at three years of age. While Maryland is the fourth state to restrict the use of chlorpyrifos, it is the second to implement these restrictions through legislation. In California, the state Department of Pesticide Regulation is implementing a phase out of […]

(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, February 7, 2019) A new study, released in Environmental Science and Policy, systematically reviews all state-level pollinator protection acts passed since 2000 and makes a somewhat dim diagnosis: as a rule, state policies fall far below the mark for protecting invaluable ecosystem services and ensuring long-term, sustainable food production. Authors judge the legislation against a set of pollinator protection policy benchmarks established in 2016 by a group of scientists from the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES). Citing the ten policy recommendations laid out by IPBES experts, researchers point to the failure of all enacted state policies to address three main target areas – (1) to improve genetically modified crop risk assessment, (2) to incentivize farmers to make the switch from agrochemical dependence to sustainable benefits from ecosystem services, and, critically, (3) to support diversified farming systems. Beyond Pesticides notes one additional missed target: (4) funding for research on organic, diversified, and ecologically intensified farming. The study includes a total of 109 state laws passed from 2000 to 2017, which authors tracked down by searching usa.gov and state legislative websites and by submitting requests to state librarians. To uncover common themes and patterns among these […]

(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, January 3, 2019) Bee-toxic pesticides banned for consumer use by the state of Maryland are still being sold in hardware and garden stores, according to reports from beekeeper and consumer watchdog groups. In 2016, Maryland passed the Pollinator Protection Act, which limited the use of neonicotinoids, insecticides implicated in the global decline of pollinator populations, to only certified applicators. According to spot checks by the Maryland Pesticide Education Network (MPEN) and the Central Maryland Beekeepers Association (CMBA), state enforcement agencies still have a ways to go to ensure retailers are complying with the law. From May to October 2018, six volunteers visited 30 Maryland stores along the Baltimore-Washington corridor to see whether they are complying with the law by removing bee-toxic neonicotinoids from retail consumer sale. Eleven of the 30 stores were not in compliance, ranging from local home and garden stores to national big-box chains. “I’ve taken bottles off the shelf and taken them up to an employee or a manager, and said, ‘You really need to stop selling this stuff — it’s illegal,’” said Steve McDaniel, a master beekeeper in Carroll County to the Bay Journal. The state, for its part, indicates that staffing problems at […]

(Beyond Pesticides, July 6, 2018) Two years ago, thirteen bald eagles were found dead on a farm in Maryland. Now the investigation has revealed that these birds died after ingesting the highly toxic pesticide, carbofuran. Carbofuran, whose use has been phased out in the U.S., is so toxic to birds that one granule is all it takes to kill. Irresponsible and illegal use of pesticides is still responsible for primary and secondary poisonings of wildlife, as is the case of these bald eagles. According to the necropsy results by U.S. Fish and Wildlife Service (FWS), which analyzed six of the thirteen eagle carcasses, five of the carcasses were found to have undigested raccoon remains in their systems. Carbofuran was detected in the stomach and/or crop contents of all birds, as well as on the partial remains and fur of a raccoon that was found nearby. The granular form of carbofuran has been blamed for the deaths of more than a million birds in the U.S. who mistook the granules for seed. The granules were finally banned in the early 1990s, while the liquid formulation was banned on food crops in 2009, although the painfully slow process of cancellation by the U.S. […]

(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, 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, […]

(Beyond Pesticides, August 3, 2017) A Circuit Court for the state of Maryland  on Thursday struck down key components of the landmark Healthy Lawns Act pesticide ordinance passed in Montgomery County, Maryland in 2015. The court’s decision, issued by Judge Terrence McGann, eliminates pesticide use restrictions on private property, but does not touch provisions limiting toxic pesticides used on public, county owned land. Grassroots advocates who supported passage of the Healthy Lawns Act to protect children, families and the environment are dismayed by the court’s ruling, but nevertheless vow to keep up the fight for protections from hazardous pesticides used in their community. “The court should have recognized that, in restricting lawn pesticides throughout its jurisdiction, Montgomery County is exercising a local democratic principle under Maryland and federal law to ensure the safety of the community, including children, pets, and the environment, from a known hazard not adequately regulated by the U.S. Environmental Protection Agency or the state,” said Jay Feldman, executive director of Beyond Pesticides. “After extensive hearings and study, the county council understands that toxic chemicals are dangerous and not needed to have beautiful lawns and landscapes,” Mr. Feldman said. By passing the Healthy Lawns Act, the Montgomery […]

(Beyond Pesticides, April 27, 2017) Nine organizations filed an Amicus brief this 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 facing a legal challenge filed in November last year by the pesticide industry group Responsible Industry for a Sound Environment (RISE). The plaintiffs, which include 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 issue, 52-14 (the Healthy Lawns Act), which restricts the cosmetic lawn care use of toxic pesticides on public and private land, protects over one million people, the largest number to be covered by any local jurisdiction to date. Passing the Montgomery County Council by a vote of 6-3, the bill allows time for transition, training, and a public education program over several years. In limiting the pesticides […]

(Beyond Pesticides, April 12, 2017) Earlier this week, the Maryland General Assembly took action to protect pollinators found in designated state pollinator habitat by passing SB 386/HB 830, Pollinator Habitat Plans- Plan Contents- Requirements and Prohibition, with bipartisan support. With this bill, the legislature will require pollinator habitat plans developed by any state agency to be as protective of pollinators as the Maryland Department of Agriculture’s managed pollinator protection plan requires. This translates to prohibiting, with some exceptions, the use of neonicotinoid pesticides or neonicotinoid-treated seeds or plants on state land designated as pollinator habitat. The bill’s passage represents the third major legislative victory to protect bees and other pollinators coming out of Maryland in the past year. Last spring, in a historic move, the Maryland legislature voted to become the first state in the nation to ban consumers from using products containing neonicotinoid pesticides, a class of bee-toxic chemicals that has been linked to the startling decline in bees and other pollinators around the world. The Maryland Pollinator Protection Act (Senate Bill 198/House Bill 211), which also received bipartisan support, stipulates that consumers will not be allowed to buy pesticide products containing neonicotinoids starting in 2018. However, the legislation’s reach does not extend […]

(Beyond Pesticides, November 30, 2016) A landmark Montgomery County, Maryland ordinance, which protects children, pets, wildlife, and the wider environment from the hazards of unnecessary lawn and landscape pesticide use, is facing a legal challenge filed last week by the industry group Responsible Industry for a Sound Environment (RISE). The plaintiffs, which include 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. This challenge comes on the heels of a recent decision by the 9th  U.S. Circuit Court of Appeals, which struck down local laws in Hawaii aimed at protecting the environment from toxic pesticide use. An industry victory in Maryland state court would significantly impact the ability of local communities in Maryland to exercise their democratic right to adopt local public health and environmental protections that go above and beyond state and federal regulations that are deemed inadequate. The bill at issue, 52-14, which bans the cosmetic lawn care use of toxic pesticides on public and private land, protects over one […]

(Beyond Pesticides, September 1, 2016) With the apparent mosquito transmission of the  Zika virus in Florida, local officials around the United States have been feeling pressure to step-up preemptive mosquito spraying, prior to the virus actually emerging  locally in infected mosquitoes. The Zika virus has been contributing to public anxiety in the U.S. for several months and, because of this, the state of Maryland has started spraying with hazardous insecticides. The state has made targeting mosquitoes its  number one priority, while many argue that the state’s spraying  puts the well-being of residents at risks. As of August 24, there are 77 travel-associated cases of Zika in the state of Maryland. Without a finding of infected mosquitoes in the state, the Maryland Department of Agriculture’s (MDA) Mosquito Control Program is focusing its  control actions on female (the ones that bite) aedes albopictus, commonly known as Asian tiger mosquitoes, the most common type of mosquito in Maryland that studies indicate “has the potential” to transmit the Zika virus. MDA’s Mosquito Control Program implements the state’s mosquito management, which is conducted in accordance with an undefined  Integrated Pest Management (IPM)  program; basing the  approach broadly on prevention, monitoring, and control of mosquitoes. As […]

(Beyond Pesticides, August 30, 2016) Last week, Minnesota Governor Mark Dayton issued an executive order aimed at reversing pollinator decline in the state by limiting the use of toxic, systemic neonicotinoid (neonics) pesticides. The order tasks state agencies with a range of pollinator protective activities, and follows the completion of a Special Registration Review of Neonicotinoid Pesticides conducted by the Minnesota Department of Agriculture. Given that a change in administration could lead to a rescinding of an executive order, it is critical that advocates continue to pressure for concrete legislative changes that institutionalize bee protective practices. “Bees and other pollinators play a critical role in supporting both our environment, and our economy,” said Governor Dayton. “This order directs state government to take immediate action to alleviate the known  risks that pollinators face. It also will create a new task force to study the issues impacting pollinators and recommend long-term solutions.” The executive order directs the Department of Agriculture to immediately initiate steps requiring neonics only be applied when there is “an imminent threat of significant crop loss.” This move applies  to sprays, drenches, or granular applications of neonics, however, and not seed coatings, which will require separate legislative action to […]

(Beyond Pesticides, August 17, 2016) In response to dramatic scientific findings, a severe decline in bee populations, and growing public demand for bee-safe plants, a new report confirms  the decision  of  major retailers to phase-out  the sale of flowers and trees treated with the pesticides most closely associated with the decline —neonicotinoids. A new report released by Friends of the Earth, analyzes plants purchased at  Home Depot,  Lowe’s, Ace Hardware,  True Value  and  Walmart. Many of these major retailers have made public commitments to stop selling bee-toxic neonicotinoids and treated plants. Additionally, the states of Maryland and Connecticut have passed legislation that stops the retail sales of neonics. The report,  Gardeners Beware 2016, released yesterday is a follow-up to previous testing that demonstrated the presence of bee-toxic neonicotinoid insecticides in more than half of bee-attractive flowers tested. The 2016 analysis found that 23 percent of flowers and trees tested contain neonicotinoid insecticides at levels that can harm or kill bees, compared to 51 percent in 2014, indicating that stores are selling far fewer plants treated with bee-killing neonics. This reduction is likely due to changes in store policies that commit retailers to eliminate neonicotinoid use on garden plants. Retailer commitments […]