(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, July 14, 2015) Last November, a worker at a DuPont chemical plant in La Porte, Texas was overcome when a supply line released more than 20,000 lbs. of methyl mercaptan, a toxic chemical precursor for pesticides produced at the plant. Three co-workers rushed to attempt a rescue, but all four were fatally asphyxiated by the toxic gas, according to an investigation from the U.S. Occupational Health and Safety Administration (OSHA). Now, after a lengthy investigation, OSHA is placing DuPont on the Severe Violator Enforcement Program,  which focuses agency resources on inspecting employers who have “demonstrated indifference to their OSHA [Occupational Safety and Health Act] obligations by willful, repeated, or failure-to-abate violations.” Earlier this year, OSHA’s initial investigation into the La Porte plant incident resulted in eleven citations, a $99,000 fine, and a long list of safety upgrades required to be taken by the company. “Four people lost their lives and their families lost loved ones because DuPont did not have proper safety procedures in place,” said Assistant Secretary of Labor for Occupational Safety and Health David Michaels, PhD, MPH. “Had the company assessed the dangers involved, or trained their employees on what to do if the ventilation system […]

(Beyond Pesticides, July 10, 2015) The Connecticut General Assembly last week passed legislation banning toxic lawn pesticides on municipal playgrounds, effective October 1, 2015. In the omnibus budget implementation  Bill 1502  at Section 448  (p.563 at line 17579). The bill  also improves the existing parents’ pesticide notification system by requiring school districts to provide at least 24-hour electronic notification any time a pesticide application is schedule to occur on school property (Secs. 445 and 446), as well as requiring and tracking the use of pesticides and integrated pest management (IPM) methods to reduce pesticide use on state properties (Sec. 449). “As we have recognized for many years in Connecticut, children are particularly endangered by pesticides — because these chemicals accumulate in kids’ growing bodies faster than for the rest of us,” said Rep. Andrew Fleischmann, House Chairman of the Education Committee, which drafted the 2005 and 2009 laws prohibiting pesticide use on school fields.    “This measure represents a great step forward for our state, safeguarding our children from these toxic chemicals on town playgrounds — and ensuring that parents get notice when pesticides are used at public schools,” he added. “Time and time again pesticides have been shown to […]

(Beyond Pesticides, July 9, 2015) Last week, a federal judge ruled that a voter-passed ban on the cultivation of genetically engineered (GE) crops in Maui is preempted by federal and state law, and is invalid. According to the SHAKA Movement legal counsel, the decision, at least temporarily, invalidates a local ordinance that sought to protect against serious harms caused by these practices, and ignores the harms to Maui county and the Hawaii Constitutional mandate placing obligations and duties on the counties to protect the natural environment. In addition to the SHAKA Movement, Center for Food Safety and Earthjustice have pledged to appeal the decision. “The District Court’s ruling is a big blow to Maui County voters that adopted this ordinance, given the dangers involved with GMO operations,” said  SHAKA spokesperson Mark Sheehan, PhD, who was also one of the five citizens who sponsored the ballot initiative. “We do intend to appeal this decision and are hopeful that the 9th Circuit will recognize the impact that today’s ruling has on the community.” In November 2014, Maui residents passed a ballot initiative prohibiting the growth, testing or cultivation of GE crops in Maui County until an environmental and public health study can […]

(Beyond Pesticides, June 25, 2015) The U.S Environmental Protection Agency (EPA) announced Tuesday that it will analyze the effects of two of the most commonly used pesticides in the United States, glyphosate and atrazine, along with atrazine chemical-cousins propazine and simazine, for their impacts on 1,500 endangered plants and animals. The announcement marks an agreement between EPA and Center for Biological Diversity (CBD) on a proposed settlement amending a 2010 court order that  established a schedule to complete effects determinations for 75 chemicals on 11 species in the San Francisco (SF) Bay Area. According to EPA, 59 of the 75 pesticides have been evaluated and subject to  effects determinations, however for the remaining 16 pesticides, EPA and CBD agreed that it would be more efficient and environmentally significant to complete nationwide effects determinations, rather than limit their focus to the SF bay area listed species. The agency has committed to completing the assessments by June 2020. The initial lawsuit was filed by CBD in May 2007 against EPA for violating the Endangered Species Act by registering and allowing the use of scores of toxic pesticides in habitats for 11 San Francisco Bay Area endangered species without determining whether the chemicals […]

(Beyond Pesticides, June 15, 2015) A community in central Michigan is still dealing with the fallout of a pesticide company that produced DDT nearly half a century ago. St. Louis, MI, a city about one hour north of the state capital Lansing, has long dealt with contamination left behind by the Velsicol Chemical Corporation, which manufactured pesticides in the town until 1963, when it left  and  abandoned loads of DDT in its wake. DDT, known for accumulating in food webs and persisting for decades in soil and river sediment, was banned in the U.S.  in 1972, but problems associated with its prevalent use until that time still plague the community to this day. This situation  has led to a multi-million dollar clean-up effort at taxpayers’ expense  by Environmental Protection Agency (EPA) and the Michigan Department of Environmental Quality (DEQ). EPA took control of the Velsicol plant as a Superfund site in 1982, but decades-long delays in the cleanup of the old chemical factory have left songbirds, and potentially people at risk nearly thirty years later. After years of complaints from residents, researchers  recently reported  that robins and other birds are dropping dead from DDT poisoning. The dead robins and other […]

(Beyond Pesticides, June 12, 2015) Without input from or notification to the public, Cornell University  has released genetically engineered (GE) diamondback moths at its  agricultural experiment station in Geneva, New York. The university is testing a new way to  control agricultural  pests, much to the dismay of environmentalists. The moths, which are engineered to be autocidal (self-killing), pose a possible threat to the certification of organic farmers and create environmental risks. Environmental groups such as Food and Water Watch, Center for Food Safety, and Friends of the Earth, among others, sent a letter expressing concern over the U.S. Department of Agriculture (USDA)’s assessment process, which neglected to address  the possibility of moth movement past the trial area, and the impacts that diamondback moth declines will have on their natural predators and the larger ecosystem. These groups are recommending that  all outdoor trials be stopped until more information is available. Cornell has partnered with Oxitec, a self-described  pioneer in using advanced genetics to control target  insects. They plan on controlling the population growth of these GE moths through their genetic design that kills the moth  in the larval stage on plants. Normally, these larvae feed on crops such as broccoli and […]

(Beyond Pesticides, June 10, 2015) Activists and concerned parents have been working for years in Connecticut to extend the current prohibition of pesticide use on daycare centers and K-8 school grounds to include high schools, athletic fields, municipal parks and town land. Now, the state Senate approved legislation to ban pesticides from public playgrounds, but there will still be no extension of the ban on high school lawns or fields under the bill language. Activists claim a partial victory and vow to continue working on a full ban, despite heavy opposition from industry forces. Connecticut was the first state to prohibit the use of toxic pesticides at K-8 schools and daycare centers, but high schools, athletic fields, parks and playgrounds were exempted from the ban. On May 27, 2015, a bipartisan bill (SB366) extending the ban to public playgrounds passed the Senate 34-2 and now goes to the House. The new legislation would extend the ban to municipal playgrounds, except for situations that the authors say could threaten human health, such as hornet nests or tick infestations. The bill also calls for parents of high school students to be promptly notified by email of any pesticide applications at schools. Additionally, […]

(Beyond Pesticides, June 05, 2015) A new federal bill was introduced Wednesday that, if passed, would undermine the U.S. Environmental Protection Agency’s (EPA) authority to issue Clean Water Act permits for pesticide spraying over waterways. Titled the Sensible Environmental Protection Act  and introduced by Senators Mike Crapo (R-Idaho) and Claire McCaskill (D-Mo), this new bill would reverse a 2009 federal court decision in National Cotton Council v. EPA that directed EPA to require permits from applicators who spray over “navigable waters,” as outlined in the Clean Water Act (CWA). The bill’s authors claim that the need for water permits is duplicative, given that pesticide applicators also comply with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the law that requires applicators to follow instructions on pesticide labels. “This issue is a prime example of an unnecessary, duplicative federal regulation impacting a variety of stakeholders in Idaho and across the nation that must be fixed,” Senator Crapo said in a statement.  “Our rural communities are already under a substantial amount of financial strain and regulatory pressure and are looking to Congress for much-needed relief.” Contrary to  Senator  Crapo’s claims, the  CWA permit serves as a valuable tool that lets authorities know […]

(Beyond Pesticides June 4, 2015) Another study has found links between a commonly used household pesticide and attention deficit hyperactivity disorder (ADHD) in children and young teens. Researchers at Cincinnati Children’s Hospital Medical Center found an association between pyrethroid pesticide exposure and ADHD, particularly in terms of hyperactivity and impulsivity. These results reinforce the findings of a study led by a research team at Rutgers University earlier this year that found links between the pesticide deltamethrin and ADHD. In 2001, over concerns about adverse health consequences, the U.S.  Environmental Protection Agency banned several commonly used organophosphate (organic compounds containing phosphorus) pesticides from residential use due to the chemicals neurotoxic properties. The ban led to the increased use of pyrethroid pesticides, which are now the most commonly used pesticides for residential pest control and public health purposes. Pyrethroids, like deltamethrin, are commonly used in the home,  office buildings,  and on vegetable crops, gardens, lawns and golf courses. This shift to predominantly using pyrethroids is troubling, as they have oft been promoted as a safer choice than banned organophosphates, despite the fact that they pose many real threats to human health. Many recent studies show significant concern with this class of chemicals, […]

(Beyond Pesticides, June 3, 2015) After years of campaigning by local activists and a lawsuit filed by parents citing discriminatory practices from policies that led to disproportionate exposure of Latino children to pesticides, the California Department of Pesticide Regulation (CDPR) will now seek to gather input from stakeholders to determine what measures are appropriate to enhance protection of California’s schoolchildren. Given that Latino children are more likely to attend schools near areas with the highest use of pesticides of concern, and California’s pesticide use has actually increased over recent years, the state will need strong restrictive policies to provide any meaningful protections for school children. According to CDPR, the agency will hold five  workshops from May 28 – June 9 2015 to gather input that will later help craft a statewide regulation on  pesticide use near schools, with a focus  on improving school pesticide notification procedures and reducing the risk of exposure. In California, many schools have been built on prime agricultural land next to farm operations. While there are currently state regulations on the use of individual pesticides, CDPR’s regulatory framework for restricted pesticides also allows for the establishment of additional rules to address local conditions. However, existing rules […]

(Beyond Pesticides, June 2, 2015) A federal judge released a ruling Friday rejecting a request by two alfalfa farms to overturn the ban on GE crops in Jackson County, Oregon. In his decision, U.S. Magistrate Judge Mark Clarke found the ban on GE crops is not preempted by the state’s Right to Farm Act, thereby allowing the ordinance to become effective on June 5. The ordinance, which bans the cultivation, production and distribution of GE crops within the county passed overwhelmingly last May with 66 percent support. This decision is an important victory for farmers of organic and non-genetically engineered crops, who constantly struggle with the threat of GE contamination. “We have always felt this was a strong case,” explained Tom Buchele, attorney with Earthrise Law Center, “but it was very encouraging to get such a strong and well-written opinion that affirms what we have argued since the beginning: communities have the ability under the Right to Farm Act to protect traditional agricultural crops from contamination from GMOs.” Magistrate Judge Clarke rejected the legal challenge by two GE alfalfa growers, Schulz Family Farms and James and Marilyn Frink, who claimed that the Jackson County GE crop ban violated Oregon’s Right […]

(Beyond Pesticides, May 27, 2015) As summer approaches, local stores continue to set the pace for protecting pollinator populations from the harms of neonicotinoid pesticide use. In southern Maine, Kittery Ace Hardware joins Eldredge Lumber and Hardware in its efforts to actively seek alternatives to  pesticides that contain  neonicotinoids and other toxic pesticides by consciously stocking their shelves with organic compatible products as opposed to lawn and garden products that contain toxic chemicals. This shift by local stores like Eldredge and Kittery highlights the role retailers can play in responding to community concerns over dangerous pesticide use, and indicates their desire to be part of the solution when it comes to protecting pollinators. Local stores’ increasing  attention to local concerns over a common problem is  juxtaposed with  big box hardware stores’ response to neonicotinoid concerns that respond to public pressure with vague language, drawn out or nonexistent timelines, and failure to take a stance on overwhelming scientific evidence that neonicotinoids cause harm to pollinator populations. As more national retailers respond to public pressure to ban neonicotinoid-containing products, it becomes clear that local, small-scale efforts to stock shelves with alternative products offer a better and more concrete approach to stopping neonicotinoid […]

(Beyond Pesticides, May 21, 2015) The California Department of Pesticide Regulation (CDPR) published its Annual Pesticide Use Report last week, which finds that overall pesticide use for agricultural purposes has increased by 3.7 percent between 2012 and 2013. Pesticide use increased by 6.4 million pounds in 2013, the most recent data available, making for a grand total of 178 million pounds of pesticides used annually in California’s agricultural industry. The study also revealed several insights on trends in pesticide use, the most troubling of which is the increased use of organophosphates, and more specifically, the insecticide chlorpyrifos. This raises concerns that, absent aggressive efforts by CDPR to ban chlorpyrifos’ use in food production, industry reliance on the pesticide may continue to  increase. Chlorpyrifos was banned by the Environmental Protection Agency (EPA) for nearly all residential uses in 2000, but since then has remained widely available for agricultural use. Efforts to limit the agricultural use of chlorpyrifos in the state of California have been in the works since the fall of 2014, and a regulation Designating Chlorpyrifos as a Restricted Material was recently adopted by California’s DPR.  The new regulation classifies as  ”˜restrictive use’  all pesticide products containing the organophosphate  insecticide […]

(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 13, 2015) In a letter sent this week, two Montgomery County Councilmembers are requesting that hospitals in the county assume a leading role in increasing awareness of the health concerns regarding pesticides by voluntarily agreeing to eliminate their use on hospital grounds. The letter states that this step  would help to reduce pesticide exposure for some of the county’s most vulnerable residents, and would increase awareness in the  community of pesticides’  potential harmful effects. Currently, Montgomery County is considering a bill that would limit the non-essential pesticide use on county property. On Monday, Council President George Leventhal, who chairs the Council’s Health and Human Services Committee, and Councilmember Roger Berliner, who chairs the Council’s Transportation, Infrastructure, Energy and Environment Committee, wrote to the leaders of the five organizations that operate hospitals in Montgomery County and asked them to voluntarily stop using pesticides on the grounds of their respective facilities. The text of the letter can be found here. In Monday’s press releases from the their’ offices,  Councilmembers Leventhal and Berliner said, “We are writing today to ask that hospitals in our County assume a leading role in increasing awareness of the health concerns regarding pesticides by voluntarily […]

(Beyond Pesticides, May 12, 2015) Last week Kaua’i County Councilmember Gary Hooser returned from agrichemical giant Syngenta’s shareholder meeting in Basel, Switzerland, where he addressed the company and its stakeholders on  the corporation’s lawsuit against the  small Hawaiian island of Kaua’i. The Councilmember indicates that, although the company is unlikely to meet his request to drop its lawsuit against Ordinance 960, which generally creates buffer zones prohibiting pesticide use around schools, hospitals, and parks, the trip overall was a success. “Our main purpose was one of education and information, to tell our story in the home city of Syngenta, and we were greeted with open arms and really managed to get the word out,” Mr. Hooser said to The Garden Isle on Monday. VIDEO: See Councilmember Hooser’s speech to Syngenta: Part 1 | Part 2 (Note: Credit and thanks to Kauai activist Fern Rosenstiel for filming this video despite attempts by Syngenta to suppress her ability to do so.) In a related matter, it  was announced earlier this week that  a federal court awarded over $500,000 to 15 Kaua’i residents who launched a  lawsuit (separate from the one above) against another agrichemical company on the island, DuPont Pioneer. Residents won […]

(Beyond Pesticides, May 11, 2015) Oil giant Chevron has been helping farmers in Kern County, CA find a solution to raising crops during the ongoing drought — but it may cause long-term health effects. The county is using treated oil field wastewater from the corporation to irrigate crops. As of now, the government only requires limited testing of treated wastewater, checking for naturally occurring toxins rather than screening for chemicals used in current oil-extraction processes. Legislation was passed last year that  requires oil companies to identify for  the state the chemicals they use in the oil-extraction process, but the Central Valley water authority, which regulates the water recycling program, gave producers until June 15 to report their results. To pick up the slack in the meantime, the advocacy group Water Defense, founded by actor and environmental activist Mark Ruffalo, collected samples of the treated irrigation water. The group works to promote access to clean water by testing local supplies and documenting contamination, and their findings indicated extremely high levels of oil, acetone and methylene chloride, a potential carcinogen, in the treated irrigation water. Beyond Pesticides has investigated treated wastewater from homes and residential areas. This research indicates that treated wastewater […]

(Beyond Pesticides, May 7, 2015) The Pennsylvania Fish and Boat Commission (PFBC) has confirmed that a rare malignant tumor was found on a smallmouth bass caught in the Susquehanna River by an angler late last summer. The finding was confirmed by two independent laboratory tests, including the U.S. Fish and Wildlife Service (FWS) and the Aquatic Animal Health Laboratory at Michigan State University.  Although it only represents one individual fish from the overall population, it provides additional evidence —which includes the prevalence of intersex fish discovered last summer”” that the health of the fish community residing in the river is being compromised, according to PFBC executive director John Arway. Though the findings do not point to a specific cause for the cancer found on the smallmouth bass (SMB), agricultural pesticides, particularly endocrine disrupting chemicals, that have been found in the watershed, likely play a part in the rampant disease issues in SMB in the Susquehanna River. “As we continue to study the river, we find young-of-year and now adult bass with sores, lesions and more recently a cancerous tumor, all of which continue to negatively impact population levels and recreational fishing,” Mr. Arway said. “The weight-of-evidence continues to build a […]

(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, May 5, 2015) In a major  victory for the environment and health, the Washington state Department of Ecology (Ecology) and oyster growers association agreed to withdraw a permit allowing the use of the neonicotinoid insecticide imidacloprid to control burrowing shrimp in oyster beds in Willapa Bay and Grays Harbor. The decision was reached in large part due to vocal public outrage over the plan, as consumers, environmental organizations, and prominent local chefs spoke out against the spraying. “One of our agency’s goals is to reduce toxics in our environment,” said Ecology Director Maia Bellon in a News Release published by the agency over the weekend. “We’ve heard loud and clear from people across Washington that this permit didn’t meet their expectations, and we respect the growers’ response.” In an article published in the Seattle Times Friday, the largest shellfish producer in country, Taylor Shellfish, announced it will not treat its oyster beds with imidacloprid in response to numerous calls, emails, and social media comments made by its customers. “Our customers spoke loud and clear today, and that speaks volumes to us,” said Bill Dewey, spokesman for Taylor Shellfish. Given Taylor Shellfish’s size, it is likely that the Willapa/Grays […]

(Beyond Pesticides, May 4, 2015) Beekeepers, farmworkers, environmental and consumer groups last week  sent a letter,  signed by over 200,000 Americans, urging Michelle Obama to publicly commit to ensuring the White House gardens and grounds are free of dangerous neonicotinoid pesticides. The letter also asks that the First Lady use her influence to encourage the Obama administration’s  White House Pollinator Health Task Force (Task Force)  to take a strong stand against these bee-toxic pesticides. More specifically, the letter urges Mrs. Obama to follow the guidelines outlined by the Council on Environmental Quality in October of last year by publicly pledging to eliminate systemic insecticides from the White House gardens and grounds, including not sourcing plants pre-treated with these pesticides. In a memorandum announced in the summer of 2014, President Obama called forth the heads of executive departments to create a federal strategy promoting the health and safety of honey bees and other pollinators. The memorandum directed federal agencies to establish the Task Force to develop a pollinator health strategy within 180 days, and support and create pollinator habitat. This federal strategy included a pollinator research action plan, with a focus on preventing and recovering from pollinator losses, including studying how […]

(Beyond Pesticides, May 1, 2015)  A recent success in grassroots activism  comes through Tracy Madlener, a mother of two, who got  her neighborhood in Laguna Hills, California to eliminate the use of Roundup, a widely-used weedkiller. The International Agency for Research on Cancer (IARC), an intergovernmental agency forming part of the World Health Organization (WHO) recently classified Roundup’s active ingredient, glyphosate, as carcinogenic in people based on animal studies. The classification is technically “probably carcinogenic to humans (Group 2A),”  sufficient evidence of carcinogenicity based on laboratory studies. Gravely concerned, Ms. Madlener began her mission to eliminate the use of toxic  Roundup in her neighborhood, with some help from Beyond Pesticides, sharing her progress on a new Facebook page ”˜How to Create a Toxic-Free Community’  along the way. Just five days in she posted a video blog about getting started: organizing, sending emails, making a to-do list, and making phone calls for research purposes. She also built up a network and informed  others in the area, contacted other moms doing similar work to ban harmful chemicals in their areas for advice, spoke with landscapers to  suggest healthier options, researched environmentally- and health-conscious alternatives to Roundup for local use, and made folders […]