02
Aug
(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 nationâs water quality. This research highlights the essential role of ephemeral streamsâwater sources that flow temporarily after rainfallâin 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 agencyâs 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, âThe [Sackett] decision has endangered the drinking water sources of at least 117 million Americans by stripping protections from over half of the nationâs wetlands, as well as up to nearly 5 million miles of rain-dependent and seasonal streams that feed into rivers, lakes, and estuaries.â At a time when an immediate response to the climate crisis and chemical pollution is more urgent than ever, the U.S. Supreme Courtâs judicial decisions are seen […]
Posted in California, Cancer, Clean Water Act, Colorado, contamination, Deleware, Disease/Health Effects, Drinking Water, Environmental Protection Agency (EPA), Fertilizer, Florida, Herbicides, Litigation, Louisiana, Maryland, Missouri, New Mexico, Nitrates, Nitrites, North Carolina, Parks for a Sustainable Future, Pesticide Regulation, South Carolina, State/Local, Synthetic Fertilizer, Tennessee, U.S. Supreme Court, Washington, Water Regulation, Wisconsin | No Comments »
25
Jul
(Beyond Pesticides, July 25, 2024) On July 10, the Oregon Court of Appeals ruled that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) does not preempt pesticide exposure victimsâ state law claims against pesticide manufacturers, based on reporting from The New Lede. This decision builds on years of judicial precedent from the Supreme Court of the United States (SCOTUS) that protects individualsâ right to use failure-to-warn claims against producers of toxic pesticides, including Bayer-Monsanto. The importance of judicial review is critical to protecting the public against public health impacts of toxic pesticide use in the context of last monthâs SCOTUS decision ending Chevron Doctrine, and with it the end of deferring to federal regulatory agencies on ambiguities in statutory mandates. A growing coalition of environmental and public health advocates, organic farmers, trial attorneys, farmworkers, and physicians are united in pushing back against a concerted effort by industry and its allies to attack victimsâ ability to sue under “failure-to-warn” through the Farm Bill, state legislatures, and the proposed federal budget for Fiscal Year 2025. Oregon Court of Appeals In 2022, a local trial court in Oregon ruled in favor of Monsanto on a lawsuit initiated by Jackson County residents Larry and […]
Posted in Bayer, Congress, Corporations, Environmental Protection Agency (EPA), Glyphosate, Label Claims, Litigation, Monsanto, non-Hodgkin's Lymphoma, Oregon, State/Local, U.S. Supreme Court, Uncategorized | No Comments »
04
Jul
(Beyond Pesticides, July 4, 2024) In reflecting on recent U.S. Supreme Court decisions that reduce federal government powers to restrict hazardous chemicals, including pesticides (see Clean Water Act decision and federal restrictions of toxic hazards under the reversal of Chevron decision), two remaining authorities in state and local governments and in the courts have become the next battleground to protect health and the environment. What is at stake are two major backstops to weak federal controls and chemical company disregard for safety: the critical importance of state and local governmentsâ exercise of authority to restrict toxic chemicals, and the ability of people to sue corporations for their failure to warn about their productsâ hazards. The attack on state and local authority in the Farm Bill The Farm Bill in the U.S. House of Representatives: Prohibits the rights of states and local governments to restrict pesticidesâŻand protect public health and the environment. The language says the Farm Bill will âprohibit any State, instrumentality or political subdivision thereof… from directly or indirectly imposing or continuing in effect any requirements for, or penalize or hold liable any entity for failing to comply with requirements with respect to, labeling or packaging that is in […]
Posted in Agriculture, Alternatives/Organics, Congress, Environmental Protection Agency (EPA), Farm Bill, Holidays, Preemption, Take Action, U.S. Supreme Court, Uncategorized | No Comments »
15
Jun
(Beyond Pesticides, June 15, 2023) The Supreme Courtâs recent ruling in Sackett v. Environmental Protection Agency (EPA) on the Clean Water Actâs jurisdiction dramatically limits the EPAâs ability to protect critical wetland ecosystems. On May 25, in a 5-4 majority decision, the Supreme Court ruled that EPA has authority to protect only âwetlands with a continuous surface connection to bodies that are âwaters of the United Statesâ in their own right.â Wetlands must appear âindistinguishableâ from larger waterways at a surface-level perspective. Wetlands next to a large waterway are no longer protected if they are separated by a manmade or terrestrial barrier. Water flows underground from upstream to downstream sources and exits the confines of its customary boundaries during periods of flooding, so to declare waterways distinct based merely on a surface-level perspective defies scientific understanding of ecosystem health. Critical Nature of Wetland Ecology The conservation of wetland ecology is critical to the health of our environment. The United States Geological Survey (USGS) states, âWetlands are among the most productive habitats on earthâ given their role in flood resilience, improvement in water quality, and coastal erosion control. Wetlands are essential nursery grounds for many species of fish and oases for […]
Posted in Clean Water Act, Climate, contamination, Department of Justice, Drinking Water, Ecosystem Services, Environmental Protection Agency (EPA), Groundwater, Litigation, National Politics, U.S. Geological Survey, U.S. Supreme Court, Water, Water Regulation | 2 Comments »
