(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, February 23, 2024) The latest string of billion-dollar plaintiff judgments against Bayer/Monsanto, the maker of Roundup™ with active ingredient glyphosate, does not yet signal a capitulation by Bayer or a win for public health or the environment in the United States. A jury award of $2.25 billion, the largest to-date, was handed down in Philadelphia in January. As Beyond Pesticides reported previously, Monsanto has a long history of challenging scientific findings on Roundup/glyphosate and evidence of harm to human health, the environment, and crops themselves (see resistant super weeds here and here), as it seeks to avoid liability claims by those suffering from cancer.  Bayer Looking to State Legislatures for Protection from Lawsuits  As result of its failure in quash lawsuits, Bayer has moved its case to state legislatures, where it is seeking the adoption of statutes that preempt liability claims by damaged parties.  As reported by Beyond Pesticides, a rash of state legislation has been introduced in Idaho, Iowa, Missouri, and Florida, which would block plaintiff liability claims when pesticide products, like Roundup, cause harm. The chemical industry pushes the notion that the registration of its pesticide products with the U.S. Environmental Protection Agency (EPA) is a […]

(Beyond Pesticides, Feb 22, 2024) The Idaho Senate failed to pass SB 1245 last week which would have provided legal protection to pesticide manufacturers from “failure-to-warn” liability. This legal framework has been pivotal not only for plaintiffs, who are typically users of a toxic product, seeking redress from exposure to glyphosate-based herbicide products such as Roundup, but can also potentially extend to any toxic pesticide products. Similar bills have recently been introduced in the Iowa, Florida, and Missouri state legislatures as petrochemical pesticide industry actors such as Bayer face billions of dollars in legal settlements from victims of pesticide injury. While the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registration process permits the labeling of products with pesticidal claims based on compliance with testing requirements, the state legislation would establish EPA-authorized pesticide labels as definitive evidence that cannot be challenged in a court of law. The Idaho legislation, SB 1245, was introduced in January in the state Senate by Senator Mark Harris, who represents Soda Springs County, which has North America’s largest elemental phosphorus mine (phosphorus is a critical ingredient in developing glyphosate). Proponents of SB 1245 argue, “[This bill] protect[s] companies that produce safe pesticides critical to agriculture in […]

(Beyond Pesticides, February 20, 2020) Missouri’s largest peach farm, Bader Farms, is set to receive $265 million in compensation from two multinational agrichemical companies after the companies’ dicamba-based weed killers caused widespread damage to the farm’s fruit trees. Bayer’s Monsanto and BASF were found to be responsible for negligence in the design of their dicamba herbicides, and failure to warn farmers about the dangers of their products. The jury determined that the joint venture between the two companies amounted to a conspiracy to create an “ecological disaster” in the name of profit. In 2015, the U.S. Department of Agriculture (USDA) approved Bayer Monsanto’s release of a new line of genetically engineered (GE) seeds designed to tolerate repeated spraying of dicamba. With glyphosate resistant ‘super-weeds’ widespread and threatening GE farmer’s yields, the company aimed to redeploy dicamba, one of the oldest herbicides in the market, on cotton and soybeans throughout the U.S. Knowing the propensity of dicamba to drift for miles off site, Bayer’s Monsanto promised a new product line with much lower volatility.  But as the company was waiting on approval for this product by the Environmental Protection Agency (EPA), it nonetheless began selling its dicamba-tolerant seeds. This led to […]

(Beyond Pesticides, February 14, 2020) The weed killer dicamba has been blamed for killing or damaging millions of acres of non–genetically modified crops and other plants that have no protection against the compound. Litigation, legislation, and manufacturer machination abound as dicamba damage mounts. The trial in a suit filed in 2016 by a Missouri peach farmer against dicamba manufacturers Bayer and BASF has just begun; an Indiana state laboratory struggles to keep up with demand to evaluate dicamba damage; Idaho lawmakers are poised to weaken rules that protect farmworkers who apply dicamba (and other pesticides) aerially; agricultural officials in Missouri are pressuring the state legislature to increase funding to handle the exploding numbers of dicamba complaints; and Indiana’s legislature is considering two bills aimed at curtailing dicamba drift that kills neighboring crops. This Daily News Blog will round up the plethora of recent news on dicamba — the toxic and destructive culprit behind each of these stories. In the face of the U.S. Environmental Protection Agency’s (EPA) failure to mitigate dicamba hazards, states have been scrambling to enact limits on when and how dicamba can be used, amend buffer zones around application sites, and in some cases, ban its use outright. […]

(Beyond Pesticides, February 6, 2020) Bill Bader, a Missouri peach farmer, is taking on agrichemical giants for damages to his crops, allegedly caused by the volatile herbicide dicamba drifting from neighboring properties. Mr. Bader says that not only did he lose over 30,000 trees, his remaining peaches are now smaller and his trees are less productive. According to Bader, the damage has cost him $20.9 million for which he seeks restitution. The case is claiming that Monsanto, now owned by Bayer, and German partner company BASF knew that the sale of their products would result in crop damage due to drift, but sold dicamba-resistant cotton and soybean seeds anyway. The companies deny the claims. Dicamba is a benzoic acid herbicide that exerts an auxin-like growth regulatory effect when absorbed by plant tissue, ultimately causing the plant to outgrow its nutrient supply and die. Originally developed in the 1950’s, dicamba has become more popular as crops become resistant to glyphosate. It is extremely volatile and prone to drift. Soybeans are particularly sensitive to dicamba, and drift damage can pit neighbor against neighbor in rural communities. Risk of crop damage alone can drive farmers to buy dicamba-resistant soybean seeds. In addition to […]

(Beyond Pesticides, April 4, 2018) In late March, the Missouri Department of Agriculture hosted a public hearing to discuss a proposed emergency rule restricting the sale and use of the herbicides dicamba and 2,4-D – which are known for their ability to drift off-site and damage sensitive crops. The emergency rule was introduced to prevent off-label use of specific dicamba or 2,4-D products. Thus far, dicamba is responsible for damaging approximately 325,000 acres of soybeans in the state last year. The proposed rule will stop sales of the herbicides dicamba and 2,4-D between April 15 and October 1 in Missouri. The department’s goal is to prevent off-label pesticides from drifting onto neighboring property and damaging other crops. According to the department, if it chooses to pursue an emergency rule, it could become effective as soon as April 1, 2018, and expire 180 days later. The rule also requires registrants to provide a sales record by April 30 for each pesticide sold between October 1 and April 15. A proposed rule will be filed at the same time as an emergency rule to initiate the formal rulemaking process. The draft rule language reads as follows: Pesticides that meet the conditions of this section are […]

(Beyond Pesticides, December 12, 2017) According to a Reuters story, agrichemical company Monsanto plans to offer farmers a cash incentive to use its highly toxic and drift-prone dicamba-based herbicide next season, despite links to widespread crop damage that has pitted neighbor against neighbor in agricultural communities throughout the country. The move comes as more and more states enact or consider restrictions on use of the herbicide, which is intended to be paired with genetically engineered (GE) soybean seeds resistant to both dicamba and another controversial herbicide produced by Monsanto, glyphosate. Monsanto plans to provide farmers more than half of the cost of herbicide per acre as an incentive to plant its GE seeds. However, given the range of new regulations surrounding the products, as well as the social stigma around its use, it remains to be seen whether the offer will sway farmers. Dicamba has stirred up fights between neighbors in a number of agricultural communities. Bader Farms, which grows over 110,00 peach trees on over 1,000 acres in Missouri, is suing Monsanto after its insurance company issued a refusal to pay for damages caused by dicamba drift from surrounding farms. In June of this year, University of Arkansas’ agricultural […]

(Beyond Pesticides, January 27, 2016) Last week, farmers, environmentalists, and conservation groups filed a federal lawsuit that challenges the U.S. Environmental Protection Agency’s (EPA) approval of a new formulation of the toxic herbicide dicamba. The new formulation is called Xtendimax with Vapor Grip Technology, which is claimed to have lower volatility. The petitioners claim that EPA violated its duties under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) in issuing a conditional registration, and that it did not adhere to duties under the Endangered Species Act that require EPA to consult with the U.S. Fish and Wildlife Service to ensure registration would not harm any listed species. The organizations involved in the lawsuit are National Family Farm Coalition, Pesticide Action Network North America, Center for Food Safety, and Center for Biological Diversity, represented by legal counsel from Earthjustice and Center for Food Safety. Dicamba has caused a lot of controversy in the past. In August 2016, farmers in Missouri, Arkansas, and Tennessee confronted widespread crop damage and braced for lower yields as a result of agrichemical giant Monsanto’s botched roll-out of GE soybean and cotton crops. The company, whose current line of glyphosate-tolerant crops are failing to control weeds throughout […]

(Beyond Pesticides,  December 12, 2016)   On November 23, Bill Bader of  Bader farms, Missouri’s largest peach farm with over 1,000 acres and 110,000 peach trees, filed a suit against the multinational, agrichemical giant Monsanto. Mr. Bader seeks compensation for extensive damags to his peach trees, which he blames on the illegal, or non-labeled, use of the toxic herbicide dicamba, brought on by sales of Monsanto’s new, genetically engineered (GE), dicamba-tolerant crops. Mr. Bader is projected to lose $1.5 million in revenue from the crop damage. The case was filed in the Circuit Court of Dunklin County, an area that has been hit especially hard by alleged illegal dicamba spraying. The farm’s insurance company refuses to cover damages from any illegal herbicide use. Without compensation for the damages, the farm risks going out of business. The illegal use of dicamba in this case is not an isolated incident. There have been many disputes in the Midwest over the  illegal spraying of dicamba and subsequent crop damage due to pesticide drift.  Numerous news reports over the past two  months in southern soybean growing regions have found that many farmers are, in response to weeds on their farms that have become resistant […]

(Beyond Pesticides, October 26, 2016) The U.S. Environmental Protection Agency (EPA) has launched a criminal investigation at several locations in Missouri into the illegal spraying this summer of the herbicide dicamba. EPA’s investigation is ongoing and stems from widespread complaints of damage to various crops across Missouri and several other states in the Midwest and Southeast. Dicamba, a widely used herbicide, has had frequent problems with drift and subsequent crop injury. Many suspect that  farmers who planted the new dicamba-tolerant genetically engineered (GE) seeds in the region, when faced with a proliferation of pigweed this year, illegally sprayed dicamba across their fields, leading to drift and off-site crop damage to other farmers. While USDA has deregulated (approved) dicamba-tolerant crops, EPA is expected to but has not yet registered a formulations of dicamba for use on GE crops. Dicamba is highly volatile and prone to drift. In a statement to the Arkansas Democrat-Gazette, EPA’s Region 7 office said the Missouri Department of Agriculture received more than 100 complaints since June 22, 2016. The complaints allege damage to more than 41,000 acres of soybeans, and other crops including peaches, tomatoes, watermelons, cantaloupe, rice, purple-hull peas, peanuts, cotton and alfalfa; as well as […]

(Beyond Pesticides, August 9, 2016) Farmers in Missouri, Arkansas, and Tennessee are confronting widespread crop damage and bracing for lower yields as a result of agrichemical giant Monsanto’s botched roll-out of new genetically engineered soybean and cotton crops. The company, whose current line of glyphosate-tolerant crops are failing to control weeds throughout the U.S. and across the globe, developed a new line of soybean and cotton with traits that make it tolerate applications of an older herbicide dicamba. However, while its seeds are available for purchase on the market, and Monsanto is encouraging farmers to grow them, the company has yet to receive EPA regulatory approval for the dicamba herbicide meant to be used with the plants. A spate of news reports over the past two  months in southern soybean growing regions finds that many farmers are illegally applying off-label dicamba-based herbicides to Monsanto’s new GE crops in an effort to control weeds resistant to glyphosate. Use of this highly volatile herbicide is causing widespread crop damage not only to soybeans that don’t carry the resistance trait, but other crops in the region, including peaches, melons, and tomatoes. Dicamba has a strong propensity to volatilize small particles of the herbicide […]

(Beyond Pesticides, October 23, 2014) Lawsuit filed against Environmental Protection Agency for approval of 2,4-D use on genetically engineered corn, soy crops in six Midwest states.A coalition of farmers and environmental groups filed a lawsuit to sue the U.S. Environmental Protection Agency (EPA) today on behalf of six Midwest states where a toxic herbicide cocktail called Dow’s Enlist Duo, a blend of glyphosate and 2,4-D, was approved on October 15 for use on genetically engineered (GE) crops. Approved for use on GE corn and soybeans that are engineered to withstand repeated applications of the herbicide, the creation of 2,4-D-resistant crops and EPA’s approval of Enlist Duo is the result of an overuse of glyphosate, an ingredient in Monsanto’s Roundup. The misuse resulted in an infestation of glyphosate-resistant super weeds which can now be legally combatted with the more potent 2,4-D. Dow Chemical has presented 2,4-D resistant crops as a quick fix to the problem, but independent scientists, as well as USDA analysis, predict that the Enlist crop system will only foster more weed resistance. “The toxic treadmill has to stop,” said Jay Feldman, executive director of Beyond Pesticides. “EPA and USDA cannot continue to ignore the history, science, and public […]

(Beyond Pesticides, June 6, 2013) Last week Wal-Mart Stores, Inc. plead guilty in cases filed by federal prosecutors in Los Angeles and San Francisco to six counts of violating the Clean Water Act by illegally handling and disposing of hazardous materials at its retail stores across the United States, including pouring pesticides down the drain. The Bentonville, Ark.-based company also plead guilty in Kansas City, MO to violating the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by failing to properly handle pesticides that had been returned by customers at its stores across the country. As a result of the three criminal cases brought by the Justice Department,  and the  related civil case filed by the U.S. Environmental Protection Agency (EPA), Wal-Mart will pay approximately $81.6 million for its unlawful conduct. Coupled with previous actions brought by the states of California and Missouri for the same conduct, Wal-Mart will pay a combined total of more than $110 million to resolve cases alleging violations of federal and state environmental laws. According to the Kansas City Star, the company stated that the fines and penalties would “not be material to its financial position.” “By improperly handling hazardous waste, pesticides and other materials in […]

(Beyond Pesticides, February 28, 2013) Representative Jared Polis (D-CO) announced last Wednesday that he intends to co-sponsor a bill in Congress along with Representative Peter DeFazio (D-OR) to mandate the labeling of food containing genetically engineered (GE) ingredients in the U.S. Earlier this week, the Maryland House Health and Government Operations Committee held a public hearing on state House Bill 0903, which would set requirements for labeling and disclosure of genetically engineered ingredients in food.  Other state labeling efforts have been launched in California, Hawaii, New Mexico, Oregon, Missouri and Washington. More than 90 percent of Americans believe that foods with GE ingredients should be required to be labeled; however, Rep. Polis recognizes that it is still going to be tough to get enough votes to pass. Corporate opponents have spent tens of millions of dollars lobbying against GE labeling, and a bill introduced in the state of Colorado by Representative Jeanne Labuda (D-Denver) to label GE foods was stopped after just five hours of testimony. The House Health, Insurance and Environment Committee in Denver voted 7-2 against the bill just a day after Rep. Polis’ announcement. Despite testimony from concerned consumers, parents, and health advocates, the committee said the […]

(Beyond Pesticides, January 24, 2013) Checks are now being sent to 1,085 community water systems across the U.S. in the final phase of a $105 million settlement with Syngenta, the largest manufacturer of the toxic weed killer atrazine. The class action settlement, City of Greenville v. Syngenta Crop Protection, Inc., Case No.: 3:10-cv-00188-JPG-PMF, stems from a lawsuit spanning eight years and is meant to help reimburse communities for past expenses associated with atrazine removal. “Science has been fighting an uphill battle against giant pesticide manufacturers like Syngenta who claim that a little weed killer in your drinking water won’t hurt you. Independent scientists now believe that even trace amounts can harm you and your children for generations to come,” the lead plaintiff’s lawyer Stephen M. Tillery told the media. Atrazine is used nationwide to kill broadleaf and grassy weeds, primarily in corn crops. A potent toxicant, it is the most prevalent herbicide found in Minnesota’s waters. It is widely applied in the midwestern states and has been found in the drinking water supplies in the Midwest at high levels. Researchers at the Centers for Disease Control (CDC) have determined that previous studies that assessed population-based exposure to atrazine were significantly […]

(Beyond Pesticides, April 20, 2010) Communities from six states filed a lawsuit last month in the U.S. District Court for the Southern District of Illinois against Swiss chemical giant Syngenta AG and its American counterpart Syngenta Crop Protection, Inc., the makers of Atrazine. The 16 municipalities in the states of Kansas, Illinois, Indiana, Ohio, Missouri, and Iowa want Syngenta to pay for the expensive carbon filters needed to remove atrazine from their drinking water supply. The United States’ largest private water utility, American Water Company, has also joined the suit, representing 28 additional communities. Atrazine is used to control broad leaf weeds and annual grasses in crops, golf courses, and even residential lawns. It is used extensively for broad leaf weed control in corn. The herbicide does not cling to soil particles, but washes into surface water or leaches into groundwater, and then finds its way into municipal drinking water. It has been linked to a myriad of health problems in humans including disruption of hormone activity, birth defects, and cancer. Atrazine is also a major threat to wildlife. It harms the immune, hormone, and reproductive systems of aquatic animals. Fish and amphibians exposed to atrazine can exhibit hermaphrodism. Male […]

(Beyond Pesticides, December 7, 2009) In an investigation and legal case that dragged on for almost four years, one of the largest organic cattle producers in the United States, Promiseland Livestock, LLC, is suspended from organic commerce, along with its owner and key employees, for four years. The penalty is part of an order issued by administrative law judge Peter Davenport in Washington, DC on November 25, 2009, a multimillion dollar operation with facilities in Missouri and Nebraska, including over 13,000 acres of crop land, and managing 22,000 head of beef and dairy cattle, had been accused of multiple improprieties in formal legal complaints, including not feeding organic grain to cattle, selling fraudulent organic feed and “laundering” conventional cattle as organic. “We are pleased that justice has been served in the Promiseland matter,” said Mark A. Kastel, Senior Farm Policy Analyst for the Wisconsin-based Cornucopia Institute. Scrutiny from Cornucopia, one of the industry’s most aggressive independent watchdogs, was part of the genesis for the comprehensive USDA investigation and subsequent legal proceedings. Promiseland became the focus of Cornucopia’s investigation into giant factory farms, milking thousands of cows that were allegedly operating illegally. Promiseland sold thousands of dairy cows to giant factory […]