(Beyond Pesticides, October 27, 2023) In a typical move, EPA proposes to greenlight a type of genetic engineering to solve a problem created by the industrial paradigm for pest control, i.e. vast acreages of monoculture treated with millions of tons of toxic pesticides leading to rapid resistance among crop pests. In this case EPA wants to approve using a nucleic acid—double-stranded RNA (dsRNA)–called “interfering RNA,” or RNAi—to silence a gene crucial to the survival of the Colorado Potato Beetle (CPB), the scourge of potato farmers around the world. But EPA has skipped over important steps in its decision-making process and rushed to judgment. Like chemical pesticides, genetically-based pesticides are regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In 2020, Massachusetts-based GreenLight Biosciences applied for registration of its RNAi active ingredient, Ledprona, and its end-use product, Calantha. The company executive heading the effort is an alumnus of Monsanto and several other major chemical companies. Last May EPA granted GreenLight an Experimental Use Permit (EUP) authorizing field studies in states that produce tons of potatoes. A mere five months later, EPA announced its decision to approve the registration based almost entirely on incomplete EUP data and giving the public very […]

(Beyond Pesticides, October 20, 2023) Comments are due October 22. This action requires use of Regulations.gov. See instructions and proposed comment language that can be copy and pasted by clicking HERE. The U.S. Environmental Protection Agency’s (EPA) plan to “protect” endangered species, its Draft Herbicide Strategy Framework, continues a legacy of failed risk assessment and mitigation measures that do not meet the moment of looming biodiversity collapse. This is a critical time for the agency to embrace real fundamental change in how it regulates pesticides, recognizing that land management strategies, including in agriculture, exist that are no longer reliant on pesticides. This is not a time to tinker with strategies that EPA admits fall short. Recognizing that its Pesticide Program has failed to meet its obligation to protect endangered species from registered pesticides, EPA has come up with a strategy to redefine its responsibilities to protect endangered species in its pesticide registration and registration review program. According to EPA, “The proposed Strategy is structured to provide flexibility to growers to choose mitigations that work best for their situation. Additionally, the draft Strategy may require more or less mitigation for growers/pesticide applicators depending on their location.” Understandably, EPA has taken this approach, […]

(Beyond Pesticides, October 2, 2023) On the 50th anniversary of the Endangered Species Act (ESA), statements out of the U.S. Environmental Protection Agency (EPA) raise concerns about the agency’s ability to meet the challenge of evaluating pesticides for their adverse impact on threatened and endangered species. While EPA has initiated efforts to address a significant backlog of pesticide evaluations, the agency faces a task so extensive that it may require several additional decades to fully catch up. EPA officials stated, “Even if EPA completed this work for all of the pesticides that are currently subject to court decisions and/or ongoing litigation, that work would take until the 2040s, and even then, would represent only 5 percent of EPA’s ESA obligations.”   As part of a “whole of government” approach, EPA must redirect its pesticide program to protecting all species and their habitats.   The speed and depth of biodiversity loss has reached crisis proportions. A 1,500-page report in 2019 by Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES )—Global Assessment Summary for Policymakers, the most comprehensive look to date at the biodiversity crisis and its implications for human civilization, makes the following finding: “Since 1970, trends in agricultural production, fish harvest, […]

(Beyond Pesticides, September 28, 2023) As the United States commemorates the 50th anniversary of the Endangered Species Act (ESA), there is a growing recognition that the planet faces an existential biodiversity crisis, with a rising number of species on the brink of extinction. In a collective effort to address threats to global biodiversity (i.e. diversity of all life), a coalition of environmental organizations including Beyond Pesticides, are sending an urgent letter to President Joe Biden. This letter, titled “Meeting the Challenges of the Biodiversity and Extinction Crisis Over the Next 50 Years,” calls for bold and comprehensive action to preserve our planet’s natural heritage for future generations. The ESA is celebrated as one of the most effective conservation laws globally, credited with preventing the extinction of 99 percent of listed species. Over the past five decades, the ESA has played a pivotal role in preventing these extinctions by safeguarding the most critically endangered species within biological communities. However, this concentration on highly threatened species often results in temporary solutions that may not comprehensively address the broader issue of biodiversity loss. The ESA establishes a framework to categorize species as “endangered” or “threatened,” granting them specific protections. While it is crucial […]

(Beyond Pesticides, September 11, 2023) As environmental groups pursue a legal strategy to challenge the U.S. Fish and Wildlife Service (USFWS) for its failure to protect a wildlife refuge from industrial aquaculture, they are also urging the public to hold Refuge officials accountable to the Refuge Improvement Act with a write-in campaign. (See Take Action campaign below.) Earlier this year, USFWS allowed the establishment of a commercial aquaculture operation that cultivates 34 acres of non-native Pacific oysters within a 50-acre tideland parcel leased  from the Washington State Department of Natural Resources within the Dungeness National Wildlife Refuge. The failure to fully evaluate the compatibility of this use with the purposes of the refuge raises concerns of compliance with the law governing National Wildlife Refuges throughout the country. Beyond Pesticides has said, “USFWS is willing to allow, for private profit, the industrialization of refuge lands for shellfish operations.”  Refuges are critical habitat throughout the U.S. that protect critical ecosystems. According to the lawsuit, the Dungeness National Wildlife Refuge shelters a bay rich in marine life. Eelgrass beds attract brant, shorebirds feed on the tideflats, and ducks find sanctuary in the calm waters. The Refuge is a preserve and breeding ground for more than […]

(Beyond Pesticides, August 18, 2023) Yesterday, three environmental organizations filed a lawsuit against the U.S. Department of Interior for failing to protect the Dungeness National Wildlife Refuge from industrial aquaculture. The groups, including Protect the Peninsula’s Future, Coalition to Protect Puget Sound Habitat, and Beyond Pesticides, filed their complaint in the U.S. Western District Court of Washington State. The complaint states that the U.S. Fish and Wildlife Service (USFWS), U.S. Department of Interior, must “take action that is required by the Refuge Improvement Act and conduct a compatibility determination and require a special use permit for a proposed industrial aquaculture use” that will abut and impact the Refuge. The plaintiffs are represented by the Seattle, WA law firm of Bricklin and Newman LLP. The shellfish operation leases 50 acres of Washington State bottomlands; 34 acres to be covered with up to 80,000 plastic bags of non-native shellfish and staked into the bottomlands, potentially killing all benthic life underneath and snaring wildlife in the netting. This operation would shift the natural year-round-sediment movement, directing the sediment into the eelgrass beds – beds protected for rearing salmon for whales and nourishing particular migratory ducks. Additionally, the plastic bags will cover primary feeding […]

(Beyond Pesticides, August 17, 2023) Governor Josh Green of Hawai’i declares the recent Maui wildfires as the largest natural disaster in the state’s history, yet advocates say the tragedy is anything but “natural.” As of Wednesday, the death toll has risen to over 100 lives lost and more than 2,200 structures in Lāhainā — the original capital of the Hawaiian Kingdom have burned to ash. With so much loss, many people are asking who is responsible and how another disaster can be prevented. The answer to who is to blame is not simple. The initial reports of the fire repeated a trope that Lāhainā is a dry area on Maui and is prone to wildfire, yet in recent days, the news stories have shifted to reveal the area’s ecological history as a wetland. Lāhainā was historically known for its aquatic landscape, with common images of boats around Waiola Church, and the Hawaiian fish pond systems. People in Hawai’i lament Lahaina’s devastation, mourning the loss of its Native Hawaiian history and culture, while also bracing for the lasting impact this tragedy might have on their communities. Kaniela Ing, the national director of the Green New Deal Network, shared his perspective in […]

(Beyond Pesticides, August 9, 2023) The U.S. Fish and Wildlife Service (FWS) and U.S. Environmental Protection Agency (EPA) have agreed to assess the harms of applying pesticides in waterways to threatened and endangered wildlife under a legal agreement with the Center for Biological Diversity (CBD). Under the Clean Water Act, a National Pollutant Discharge Elimination Systems (NPDES) permit is needed when pollutants are discharged from a point source (an identifiable source) into the “Waters of the United States” (WOTUS), but federal authorities, in their general permitting process, have long failed to assess effects to threatened and endangered species. According to the terms of the settlement agreement, FWS must complete consultations required under the Endangered Species Act (ESA) to prevent harm to protected species such as bull trout, pallid sturgeon, Oregon spotted frogs, and other threatened aquatic organisms.  The agreement is a step in implementing the 1973 ESA, a law that is saving numerous species from extinction, facilitating the recovery of hundreds more, and enabling the preservation of habitats. The humpback whale, bald eagle, and snail darter are among the species that have been saved thanks to the ESA. For years, Beyond Pesticides has reported on decades of neglecting to fully implement and fund […]

(Beyond Pesticides, August 1, 2023) The U.S. Environmental Protection Agency has announced that it is publishing a decade’s worth of pesticide incident data in a searchable database that will be updated on a monthly basis. The Incident Data System (IDS), with poisoning reports generated mostly from chemical manufacturers, states, a national hotline, and poison control centers, offers information on reported pesticide exposures from accidental poisoning of pets, wildlife, and humans, to pesticide drift, noncompliance, and other pesticide incidents that may be associated with product uses in compliance with label instructions. Tracking this incident data is essential to understanding the risks and damages associated with pesticide use.   The bulk of the data on incidents is from consumer reports to chemical manufacturers. Chemical companies are required under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Section 6(a)(2) to report incidents: “If at any time after the registration of a pesticide the registrant has additional factual information regarding unreasonable adverse effects on the environment of the pesticide, the registrant shall submit such information to the Administrator.” The determine of threshold number of incidents required to be reported as a pattern of “unreasonable adverse effects” is left to the manufacturers to determine. Through […]

(Beyond Pesticides, July 21, 2023) A comprehensive and scathing report, “Neonicotinoid insecticides: Failing to come to grips with a predictable environmental disaster,” issued by American Bird Conservancy (ABC)in June, lays out the dire consequences of neonicotinoid (neonic) pesticides’ continued use. The report is an update of an earlier review from 2013, which warned of the risks to birds, stating starkly: “A single corn kernel coated with a neonicotinoid can kill a songbird. Even a tiny grain of wheat or canola treated with the oldest neonicotinoid, imidacloprid, can poison a bird. As little as 1/10th of a corn seed per day during egg-laying season is all that is needed to affect reproduction with any of the neonicotinoids registered to date.” The story of neonic harm is one that has been repeated for generations with different pesticides. Pesticide manufacturers claim every new generation of their products is safer and more environmentally benign than the previous one. This is seldom true. There is ample evidence that pesticides pose threats to nearly every class of organism on Earth, from earthworms to elephants. The neonicotinoids, introduced in the early 1990s, have been marketed as safe for vertebrates, non-bioaccumulative, and, because of their flexible application methods […]

(Beyond Pesticides, July 18, 2023) The Global Environment Facility (GEF) Council, the governing body for the world’s largest source of multilateral funding for biodiversity loss and climate change, has authorized $34 million USD to support the new high seas treaty agreement announced on March 4. The move marks a significant step toward safeguarding the delicate ecosystems of the world’s oceans and promoting sustainable practices on a global scale. The oceans suffer from severe pollution caused by various substances, including pesticides, agricultural runoff, industrial and petrochemical waste, and synthetic chemicals found in plastics. These pollutants pose a significant threat to human health. The ecological consequences of ocean pollution have long been highlighted by Beyond Pesticides. The March draft agreement was approved by 193 countries under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). Then in June, the BBNJ agreement was adopted by consensus at the United Nations meeting in New York. The agreement will be open for countries to sign on September 20, 2023, after the Sustainable Development Goal Summit. In order for the treaty to be entered into force, sixty countries must […]

(Beyond Pesticides, July 3, 2023) Mosquito season is upon us, and to many that means spraying pesticides to kill them. But not only is spraying flying mosquitoes the most ineffective way to prevent mosquito problems, it is also counterproductive because it eliminates some of our most attractive and helpful allies—birds. Tell EPA to eliminate pesticides that threaten birds or their insect food supply. Tell the U.S. Fish and Wildlife Service and Department of Interior to protect birds by eliminating the use of pesticides that threaten them. Tell Congress that EPA and other agencies need to do their job and protect birds and other mosquito predators. While the appetite of purple martins for mosquitoes is well known, most songbirds eat insects at some stage of their life. Many birds who eat seeds or nectar feed insects to their young, including flying insects that may be bothersome–like mosquitoes or flies. Altogether, birds consume as many as 20 quadrillion individual insects, totaling 400-500 million metric tons, per year. Mosquito-eating birds include many well-known residents of our communities. They include, for example, wood ducks, phoebes and other flycatchers, bluebirds, cardinals, downy woodpeckers, swallows, swifts, robins, orioles, wrens, great tits, warblers, nuthatches, hummingbirds, red-winged blackbirds, […]

(Beyond Pesticides, June 26, 2023) In view of EPA’s failure to protect pollinators from pesticides, the lives of those essential insects, birds, and mammals are increasingly dependent on state and local laws that under threat of U.S. Congressional action in the upcoming Farm Bill. Tell Congress: Don’t allow the Farm Bill to preempt state and local laws. The Farm Bill covers many areas—ranging from the supplemental nutritional assistance program (SNAP) to trade—and one provision that the pesticide industry would like to include is preemption of local authority to restrict pesticide use. This attack on local governance  would undercut the local democratic process to protect public health and safety, especially important in the absence of adequate federal protection of the ecosystems that sustain life. As Congress drafts the 2023 Farm Bill, there is an opportunity for many topics—good and bad—to be introduced. Dating back to Franklin D. Roosevelt’s New Deal of the 1930s, which addressed threats posed by the Great Depression and drought, the Farm Bill is an omnibus bill passed every five years. It is designed to secure a sufficient food supply, establish fair food prices for both farmers and consumers, and protect the soil and other natural resources on […]

(Beyond Pesticides, June 23, 2023) Pollinators are especially important to the ecosystem. They pollinate plants by going from flower to flower and transferring pollen. Without pollinators, availability would be severely limited or cut off to many delicious foods, such as apples, almonds, cherries, blueberries, pumpkins, and many others. Many types of pollinators, like honey bees, bumble bees, and butterflies, are declining due to loss of habitat, widespread use of toxic pesticides, parasites, and disease. Help these important beneficial creatures by Not using toxic pesticides Planting pollinator habitats, like colorful flowers, gardens, and trees Telling your friends and family all about the importance of pollinators. Wild and Managed Bees Wild and managed bees play a crucial role in the global food system. About two-thirds of the world’s most important crops benefit from bee pollination, including coffee, cacao, and many fruits and vegetables. Wild pollination is becoming increasingly important with the growing instability of managed honey bee colonies. According to one study, wild bees’ agricultural value is now similar to that of honey bees, which are no longer considered wild in many regions due to their intense management. While many may prefer butterflies and birds to pay a visit to their gardens […]

(Beyond Pesticides, June 5, 2023) Butterflies—the most attractive of our insect fauna—are disappearing at an appalling rate, largely due to pesticide use. Recent studies have documented declines of almost 50% from 1990 to 2011 in Europe (with trends continuing), of 58 percent between 2000 and 2009 in the U.K., and of 33% from 1996–2016 in the state of Ohio in the U.S. Even steeper declines have been documented for Monarch butterflies, with an 80 percent decline of Eastern monarchs and 99 percent decline of Western monarchs. Tell EPA to eliminate pesticides that threaten butterflies. Tell the U.S. Fish and Wildlife Service and Department of Interior to help bring back butterflies by eliminating the use of pesticides that threaten them. Tell Congress that EPA and other agencies need to do their job and protect our most charismatic insects. Last year, EPA admitted that three neonicotinoid pesticides are “likely to adversely affect from two-thirds to over three-fourths of America’s endangered species—1,225 to 1,445 species in all,” including many butterfly species. On May 5 of this year, EPA released new analyses of these neonics’ effects on endangered species. EPA’s analyses focus on the species most at risk of extinction, and the results represent […]

(Beyond Pesticides, June 2, 2023) Scientists have identified 97 different types of pesticides and flame retardants in primate fecal samples, recently reporting their results in the journal Biology Letters. In Uganda’s Kibale National Park, researchers studied the chemical exposure of four species of primates (chimpanzees, Ugandan red colobus, olive baboons and red-tailed monkeys), adding to previous research on the subject. The chemicals demonstrate a measurable effect on primate growth and development, sparking considerable unease as to the future health of these critical species. This study shows how even within a protected national park, wildlife species are at risk from chemical pollution. According to advocates, the use of dangerous pesticides and flame retardants, therefore, must be entirely stopped in order to protect the future viability of wildlife species.  Scientists collected a total of 71 fecal samples from the four chosen species to measure levels of chemicals and hormones in a noninvasive manner. After sample analysis, researchers highlight three main groups of chemical pollutants: organochlorine pesticides (OCPs), brominated flame retardants (BFRs), and organophosphate esters (OPEs). Although in a protected area, wildlife species encounter humans through tourism, research, and human development surrounding the park. As these pesticides are so prevalent in areas of […]

(Beyond Pesticides, May 30, 2023) On Endangered Species Day, May 19, the U.S. Environmental Protection Agency (EPA) revealed an unfortunate degree of hypocrisy in its claims to protect endangered species from pesticides. Tell EPA and Congress that dwindling biodiversity is an existential crisis that requires removing serious threats posed by pesticides. EPA announced that it “is publishing a group of StoryMaps to raise public awareness about protecting endangered species from pesticides.” It continues, “Through its Vulnerable Species Pilot, EPA has been identifying endangered species that are vulnerable to pesticides, developing mitigations to protect them from pesticide exposure, and will apply the mitigations to many types of pesticides.” However, pesticide use is a major cause of declining biodiversity, which is manifested in extinctions, endangered species, and species vulnerable to environmental disturbances—including climate change, habitat fragmentation, and toxic chemicals. If EPA is serious about protecting biodiversity, it must look first at the ways it has created the crisis in the first place. Studies upon studies upon studies show that pesticides are a major contributor to the loss of insect biomass and diversity known as the “insect apocalypse,” particularly in combination with climate change. Insects are important as pollinators and as part of […]

(Beyond Pesticides, May 19, 2023) Agricultural intensification is the leading factor driving declines in bird populations across Europe, according to research published in the Proceedings of the National Academy of Sciences (PNAS) this week. Among all potential anthropogenic impacts, agricultural intensification, in particular pesticide and fertilizer use, was found to be more dramatic than forest alterations, urbanization, and climate change. “I don’t think a study has looked at all these factors in one go, in such a sophisticated fashion, correcting for one variable alongside another; and it comes out with a very clear message,” lead author Richard Gregory, PhD, of UK nonprofit The Royal Society for the Protection of Birds, told The Guardian. Researchers utilized data dating back to the early-1980s, including annual bird surveys and national and supranational analyses, as well as information on land use cover, farm inputs, and temperature changes within the time frame. Bird habitat and ecological traits were also considered in the context of declines, and a statistical analysis aided researchers in capturing trends over time. Results confirmed that birds are overall experiencing significant declines in Europe, with data recording 25% losses in bird abundance since 1980. However, certain groups of birds are faring worse […]

(Beyond Pesticides, May 16, 2023) U.S. Fish and Wildlife Service (USFWS) is set to be sued for its failure to implement strong protections for imperiled manatee populations. Earlier this month, the Harvard Animal Law and Policy Clinic, Center for Biological Diversity, Miami Waterkeeper, and engineer Frank González Garcia sent USFWS a notice of intent to sue after USFWS failed to respond to a petition sent by the groups last fall. “It has been months of agony and unjustified time lost for manatees in Puerto Rico,” said Mr. Garcia, an engineer who is concerned with the loss of natural resources. “Recent fatal accidents and unprecedented toxic water discharges aggravate the already precarious living and survival conditions of this beloved species,” Mr. Garcia said. Recent reporting has captured a dismal situation for manatee populations. The species is under threat from a range of anthropogenic impacts, from boat strikes to harmful herbicide contamination, pollution-driven red tides, and algae blooms that have destroyed seagrass beds the species rely upon. Starvation resulting from the loss of seagrass beds was the cause of death for more than 1,000 manatees in 2021, prompting wildlife officials to feed them cabbage and lettuce as a last resort to keep […]

(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, April 14, 2023) In March, scientists at the National Marine Fisheries Service (NMFS) issued a draft Biological Opinion (BiOp) stating that carbaryl and methomyl — two commonly used carbamate insecticides — cause significant harm to dozens of already-endangered fish species in the Pacific Northwest’s Columbia, Willamette, and Snake rivers. The BiOp indicates that these toxic compounds, in wide use on orchards and field vegetables throughout the Willamette Valley, the Columbia River Gorge, and southeastern Washington, will likely threaten scores of species on the Endangered Species list: 37 species at risk from carbaryl and 30 from methomyl. In addition, the BiOp says, “both are likely to harm or destroy many areas designated as critical habitat for endangered species.” The mitigation measures proposed by NMFS and the U.S. Environmental Protection Agency (EPA), in light of this BiOp, are likely to be inadequate to the problem, given that both compounds can drift through air and/or migrate into groundwater and generate toxic runoff. These two neurotoxic insecticides, carbaryl and methomyl, are very toxic to bees, birds, fish, and other aquatic organisms. In addition, carbaryl is a likely human carcinogen and an endocrine disruptor, and has harmful impacts on multiple bodily systems. Methomyl is […]

(Beyond Pesticides, February 15, 2023) Areas designated to protect insects fail to do so for over 75 percent of global species, according to a study, “Three-quarters of insect species are insufficiently represented by protected areas,” published in the online journal One Earth. Protected Areas (PAs) act as a safeguard for biodiversity. However, PAs in North America, Eastern Europe, Southeast Asia, and Australia do not meet the minimum coverage requirements to safeguard global insect species assessed in the study. PAs are discussed in the 2020 Nature article, “Area-based conservation in the twenty-first century,” in which the authors state that, in view of the global biodiversity crisis, national governments must do much more to increase protected areas with “coverage across different elements of biodiversity (ecoregions, 12,056 threatened species, ‘Key Biodiversity Areas’ and wilderness areas) and ecosystem services (productive fisheries, and carbon services on land and seas).” The authors write, citing the UN Convention on Biological Diversity (to which the United States is not a signatory), “To be more successful after 2020, area-based conservation must contribute more effectively to meeting global biodiversity goals—ranging from preventing extinctions to retaining the most-intact ecosystems—and must better collaborate with the many Indigenous peoples, community groups and private initiatives […]

(Beyond Pesticides, February 10, 2023) The U.S. Environmental Protection Agency (EPA) announced, on February 1, new measures to protect 28 endangered salmon species (including steelhead trout) from the use of four pesticides that threaten them and their critical habitats. Those compounds comprise three herbicides — metolachlor, bromoxynil, and prometryn, and one soil fumigant, 1,3-Dichloropropene. The protections, aimed at salmon populations in Washington, Oregon, and California, are meant to reduce impacts from pesticide runoff and spray drift, and to minimize potential “take.” (Under the Endangered Species Act (ESA), “take” means, essentially, the unintentional harming or killing of an individual of a protected species — in this case, harm or death from exposures to these toxic pesticide compounds.) Beyond Pesticides and other advocates have for years warned that multiple pesticides are threats to Northwest salmon and other species at risk. This EPA announcement is the second of two, recently, that offer slight redress to the agency’s historical failures to act (see more below). Indeed, advocates have engaged in multiple litigation efforts over the years to try to force EPA to take action; EarthJustice in 2001 noted some early instances. As Chemical and Engineering News says pointedly, “Environmental groups, which have been suing […]