(Beyond Pesticides, July 24, 2019) The U.S. District Court for the District of Hawai’i has found the state’s Agribusiness Development Corporation (ADC) guilty of violating the Clean Water Act. The case, brought by organizations including Surfrider Foundation, Pesticide Action Network North America, and others, represented by Earthjustice, accused ADC of dumping water contaminated with pesticides, including the cancer-causing herbicide glyphosate, into the Pacific Ocean off of West Kauai without a permit since 2015. Hawai’i bears the brunt of agribusiness wrongdoings, and Kauai in particular has faced past issues of pesticide injustice at the hands of the ADC. However, this new ruling marks a turn in past decisions that have favored agribusiness, as the judge found ADC violations. Advocates hope that this decision will highlight the need for government accountability, and increase transparency about what pesticides and chemicals are entering our oceans. The ADC system collects groundwater and storm water runoff through a series of canals, ditches, and pumps. The polluted water, full of toxic pesticides and chemicals, discharges into the Pacific Ocean along popular beaches that residents use for recreational activities, including surfing and fishing. The case brought against ADC accuses the department of dumping this water without a National […]

(Beyond Pesticides, February 15, 2018) The U.S. Environmental Protection Agency (EPA) settled claims against pesticide giant, Syngenta, after dozens of workers in Kuai, Hawaii were exposed to the neurotoxic pesticide chlorpyrifos in 2016 and 2017. EPA backed away from the $4.8 million settlement that it was initially seeking from Syngenta and negotiated a civil penalty of $150,000. Nineteen workers were exposed to chlorpyrifos after Syngenta sprayed the insecticide on a field of genetically engineered (GE) corn at its Kekaha farm. According to the complaint, the workers were allowed to reenter the field before the reentry period expired and without protective equipment. Ten workers were taken to the hospital and three were held overnight. This incident occurred in 2016, however a second incident occurred in 2017 when Syngenta failed to post warnings for worker crews containing 42 employees after applying chlorpyrifos. At the time of the incident, an inspector from the Hawaii Department of Agriculture (HDOA) was present on the Syngenta farm, which triggered an immediate investigation from the state. Consequently, a civil administrative enforcement action was brought against Syngenta seeking $4.8 million for violating multiple federal statues including worker protection standards, allegedly affecting as many as 77 workers and leading […]

(Beyond Pesticides, June 1, 2017) The hawk moth is the pollinator of the month for June. Hawk moth is the common name for Sphingidae, a family of over 1,400 moth species. They are also commonly referred to as sphinx moths. This family is divided into two subfamilies, five tribes, and 205 genera. The voracious tomato hornworms and tobacco hornworms are larvae of two hawk moth species. Range According to a study by the University of Nebraska, hawk moths can be found in all parts of the world except Greenland. Some areas only host these moths for part of the year because many species make seasonal migrations to find reliable food sources and to breed. The study notes that some hawk moth species can even be found in Antarctica and the North Pole. Diet and Pollination The hawk moth drinks nectar from sweet-smelling flowers, many of which bloom at night. Most hawk moth species have a long proboscis. This hollow, tongue-like appendage is used to access nectar deep inside flowers. The family has the longest tongues in the moth and butterfly order. In some species, the proboscis reaches over a foot in length. These impressive tongues allow the moths to feed […]

(Beyond Pesticides, May 24, 2017) A Hawai’i woman is suing her former employer, DuPont Pioneer, stating that the company retaliated against her for bringing up concerns over pesticide safety. Shanbnell Grilho, who worked for DuPont Pioneer on Oahu’s North Shore, alleges the company required her to apply hazardous herbicides without the proper training or protection, and ultimately fired her after fabricating allegations against her. This lawsuit is the latest claim against multinational pesticide companies operating in Hawai’i, which have been at the center of local and state-level disputes over their use of toxic pesticides where Hawai’i residents live, work, and play. In her complaint, Ms. Grilho indicates that she began working at DuPont Pioneer as a temporary employee, during which time she was awarded a raise and named DuPont Pioneer employee of the month. At the time she did not have to apply pesticides. However soon after her award, she was hired as a full time employee and required to work with Roundup, Liberty, and Honcho herbicides, which contain the active ingredients glyphosate, glufosinate, and glyphosate, respectively.  “DuPont Pioneer required plaintiff to apply herbicides and biocides while wearing a backpack sprayer, driving an ATV while applying herbicides with a backpack […]

(Beyond Pesticides, March 14, 2017)  The U.S. Environmental Protection Agency (EPA) is opening an investigation into whether the Hawaii Department of Agriculture (HDOA) and the state Agribusiness Development Corporation (ADC) are discriminating against Native Hawaiians in their administration of the state’s pesticide program. The investigation comes after a number of local community groups, represented by the nonprofit environmental law organization Earthjustice, filed a complaint in September 2016 asking EPA to take action against systemic abuses of Native Hawaiian peoples. Local efforts to protect pesticide-exposed communities have been repeatedly stymied by giant pesticide corporations operating on the island, which filed lawsuits that ultimately struck down local laws. EPA’s investigation will focus on the state’s activity on the islands of Kauai and Moloka’i. “The External Civil Rights Compliance Office will investigate whether in administering the pesticides program and the leasing and licensing of the state land program the HDOA and/or ADC discriminated on the basis of race and/or national origin against farm workers and residents of West Kauai and Molokai, in violation of Title VI of the Civil Rights Act, and EPA’s implementing regulation,” wrote Lilian Dorka, director of EPA’s External Civil Rights Compliance Office(ERCO), in a letter to Earthjustice. Under Title […]

(Beyond Pesticides, December 19, 2016) The U.S. Environmental Protection Agency (EPA) last week filed a complaint against a Syngenta research farm in Kauai, Hawaii for exposing a dozen agricultural workers to an unregistered insecticide on the farm in early 2016. Syngenta Seeds, LLC is facing over $4.8 million in fines from EPA for allegedly violating multiple federal pesticide regulations meant to protect agricultural workers. At the time of the incident, 19 agricultural workers went to work on fields freshly sprayed with the insecticide chlorpyrifos, an organophosphate insecticide. The incident with this highly neurotoxic chemical sent 10 workers to the hospital for medical treatment. EPA’s complaint states that Syngenta Hawaii LLC misused the pesticide “Lorsban Advanced” and that violated EPA’s worker protection standard. Due to its neurotoxicity, EPA banned chlorpyrifos for residential uses in 2000, but retained most agricultural use. EPA maintains that Syngenta failed to provide a waiting period for the workers to re-enter the fields. Additionally, Syngenta did not provide workers with personal protective equipment, as well as proper decontamination supplies once the exposure had occurred. At the time of the incident, an inspector from the Hawaii Department of Agriculture (HDOA) was present on the Syngenta farm, which triggered an immediate investigation from the […]

(Beyond Pesticides, December 1, 2016)  A groundbreaking decision by the European Court of Justice (ECJ) last Wednesday ruled in favor of the environmental nongovernmental organizations (NGOs), Pesticide Action Network Europe (PAN Europe) and Greenpeace Nederland, which had been denied access to industry studies and other information submitted by chemical companies to European regulators on the controversial weedkiller glyphosate  and the bee-toxic insecticide imidacloprid. In the two judgments  regarding public access to underlying environmental effects information on chemicals, ECJ clarified the meaning of “emissions into the environment” and “information on [or which relates to] emissions into the environment” within the EU regulation. The Court found that “emissions into the environment” includes releases from pesticide products or active ingredients contained in these products, as long as the release is possible under realistic conditions of use of this product. It interpreted the “information on emissions into the environment” to cover information relating to the nature, composition, and quantity of those emissions, but also “information enabling the public to check whether the assessment [is correct], as well as the data relating to the medium or long-term effects of those emissions.” This decision will allow for any interested party to obtain industry studies and underlying […]

(Beyond Pesticides, November 22, 2016) Last week the 9th U.S. Circuit Court of Appeals struck down local county laws aimed at protecting residents’ health and the environment in Hawaii. The ruling, handed down by federal Circuit Judge Consuelo M. Callahan, finds that Hawaii state law is comprehensive in regulating pesticides, and “impliedly preempts” local jurisdictions from passing laws with stricter standards than the state’s. The decision represents a victory for Monsanto, Syngenta, and the agrichemical industry, and a blow to the efforts of grassroots activists that say Hawaii is “ground zero” for toxic and experimental pesticide and genetically engineered (GE) crop use. Judge Callahan’s ruling overturns a number of laws passed over the last several years on different Hawaiian Islands that all aim to protect residents, the environment, and organic farms from the toxic effects of pesticide use and drift from GE cropland. This includes Bill 2491, a measure in Kauai County that imposed common-sense buffer zones for pesticide use within 500 feet of schools and medical facilities, and within 100 feet of any park, public roadway, or shoreline that flows into the ocean. The bill withstood heavy industry lobbying, passed by a vote of 6-1 after a 19-hour council […]

(Beyond Pesticides, November 16, 2016) The U.S. Environmental Protection Agency (EPA) recently began an investigation of the agrochemical company Monsanto and home pest control giant Terminix for pesticide law violations in Hawaii. Scott Enright, director of the Hawaii State Department of Agriculture (HDOA), said that cases are often referred to EPA when they involve federal jurisdiction, repeat violations, or serious allegations. According to him, the Terminix case was referred to EPA because the complaint included multiple allegations, but he refused to share information about the details of the Monsanto case, citing policies against commenting on ongoing investigations. A third case against Wonder Farm has also been referred to EPA, making for a total of five pesticide-related cases in Hawaii the federal agency has worked on this year. The number of cases referred to EPA is not surprising, as Hawaii has long struggled to keep up with the demands of enforcing pesticide laws within the state. In the wake of these shortcomings, this past summer, Earthjustice sent a letter to EPA requesting that the agency notify the Hawaii State Department of Agriculture of its chronic failure to meet statutory duties for pesticides regulation and enforcement under the Federal Insecticide, Fungicide, and […]

(Beyond Pesticides, October 7, 2016) For the first time in U.S. history, the U.S. Fish and Wildlife Service (FWS) has added a group of bees to the list of Endangered Species. FWS published a final rule last Friday that  declares seven species of yellow-faced bees (genus Hylaeus) that are native to Hawaii as endangered. This announcement immediately follows last week’s news that FWS has proposed listing the rusty patched bumble bee as an endangered species under the Endangered Species Act (ESA). While the decision is great news for these bees and the environmental groups who have fought to protect them, there is still much work that needs to be done, and FWS says that it needs additional time to identify specific areas to be designated as critical habitat for the endangered bees. Further, though FWS has identified many threats to bees, including habitat loss and degradation due to urbanization, and other human activities, the final rule does not specifically point to pesticides. However, there is an overwhelming amount of research demonstrating that neonicotinoid insecticides, working either individually or synergistically, play a critical role in the ongoing decline of bees and other pollinators. Neonicotinoids have been linked to a range of […]

(Beyond Pesticides, August 8, 2016) Last week, the Environmental Protection Agency (EPA) received a  letter  from Earthjustice requesting that the agency notify the Hawaii State Department of Agriculture (HDOA) of its chronic failure to meet statutory duties for pesticides regulation and enforcement under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and, if timely corrections are not made, to rescind HDOA’s primary enforcement authority completely. Earthjustice has asked EPA to immediately notify HDOA that it has failed to carry out its responsibilities, and, pursuant to FIFRA, to give the agency 90 days to correct its overwhelming shortcomings. If the problems, which include failure to enforce pesticide use violations and a large backlog of pesticide complaints and investigations dating back to as early as 2008, are not corrected and addressed within 90 days, Earthjustice requests that EPA revoke HDOA’s primary enforcement authority indefinitely.  In the event that HDOA’s authority to regulate is stripped, EPA would then take over the responsibility for enforcing pesticide use violations occurring within the state. Under FIFRA,  the federal statutory authority for  pesticide approval and use, EPA may  delegate to  a state primary responsibility for enforcing pesticide use violations if thestate has adequate pesticide laws and adequate […]

(Beyond Pesticides, March 14, 2016)  According to a draft version of a report commissioned by Hawaii and Kauai County, Hawaii should dramatically improve its regulation of pesticide use and study its impacts, which the state legislature has repeatedly refused to consider. Unsurprisingly, agrichemical companies that produce genetically engineered (GE) seeds criticized the new government report, saying it “raises unfounded and unsubstantiated fears about chronic exposure and chemicals in general.” Association members include Monsanto, Syngenta, DuPont Pioneer, Dow AgroSciences and BASF, multi-billion-dollar multinational agrochemical companies that farm thousands of acres in Hawaii and produce the state’s largest export crop, seed corn. The Joint Fact Finding (JFF) report was conducted by Peter Adler of the consulting firm Accord3.0. and eight participants, including two representatives of DuPont Pioneer and Dow AgroSciences. According to the study website, it was commissioned by the  Hawaii State Department of Agriculture (HDOA)  and Kauai Mayor Bernard Carvalho in order to conduct a joint fact finding project on the island of Kauai. The preliminary results were released after a year-long investigation into the impacts and regulation of pesticide use by Hawaii’s GE seed industry and Kauai Coffee.  The draft report is available for public comment until April 8, 2016. […]

(Beyond Pesticides, February 23, 2016) A coalition of local parents and community health groups from California’s Central Valley are calling on the state to set one mile buffer zones around schools in order to reduce children’s exposure to highly toxic pesticides. The request comes after research from the University of California, Los Angeles (UCLA) found widely used fumigant pesticides in central California interact synergistically and increase health risks. Although California is subject to regressive pesticide preemption laws, county agricultural commissioners have the authority to regulate and enforce pesticide use at the local level. While the state currently sets minimum buffer zones around schools at 500 ft., certain California counties require increased levels of protection around these sensitive sites. However, activists charge that state standards and even locally wider buffer zones are not adequately protecting community health, and comprehensive statewide regulations are needed. In July of 2015, after years of pressure from activists, the California Department of Pesticide Regulation (CDPR) held a series of workshops to gather community input on new rules governing pesticide use near schools. According to The Desert Sun, CDPR is expected to release its first draft of the new regulations for public comment at the end of […]

(Beyond Pesticides February 10, 2016) Last week Hawaii’s House Energy and Environmental Protection Committee, chaired by Representative Chris Lee, unanimously passed a measure to require large-scale, outdoor commercial agricultural businesses to publicly disclose outdoor application of pesticides in various environmentally sensitive areas. House Bill 2574  will  make the reporting guidelines for the voluntary Kauai program mandatory across the state and will  also establish “disclosure and public notification requirements for outdoor applications of pesticides in and in the proximity of schools, health care facilities, child care facilities, elder care facilities, and other environmentally sensitive areas,” according to the bill. The bill’s next step is the Agriculture Committee, where chair Representative Clift Tsuji has killed pesticide-related bills in the past. House Bill 2574 is the latest in a string of laws proposed by local and state governments within Hawaii to try to  protect citizens from the harms of toxic pesticides. In 2015, Hawaiian legislators proposed House Bill 1514  to establish school and hospital buffer zones. The bill, which would have prohibited farmers from using large amounts of pesticides within a specified distance of schools and hospitals, stemmed from concerns about  the impact of genetically-engineered (GE) farming and its inherent dependency on increasing […]

(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, 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, February 23, 2015) A Hawaii state House agriculture committee rejected a bill Thursday that sought to impose buffer zones for large agricultural companies that spray restricted-use pesticides near schools and other sensitive areas. The proposal, House Bill 1514, introduced by Rep. Chris Lea, stemmed from concerns about  the impact of genetically-engineered (GE) farming and its inherent dependency on increasing  pesticide use. The measure sought  to require companies’  disclosure of the pesticides used and the volume of use. The bill had strong support from the Hawaii chapter of the national nonprofit Center for Food Safety (CFS), as well as a strong backing from neighbor island residents. Maui, Kauai, and the Big Island have all passed laws recently to regulate the seed industry, but a federal  district  court judge  has ruled  that Hawaii counties do not have that power. Industry has been especially effective in obstructing the bill. CFS’ Hawaii director, Ashley Lukens, said after Thursday’s hearing that she was frustrated by the limited amount of time advocates were given to testify. “It was clear from the very beginning that the hearing was intended to allow the industry to reiterate their talking points,” she said. Not surprisingly, companies (like Monsanto) […]

(Beyond Pesticides, February 4, 2015)    In the face of a challenge from the chemical industry, Hawaii’s Maui County will not defend a moratorium on genetically engineered (GE) farming that was passed by county voters last fall. Seeking to have the moratorium thrown out, industry giants Monsanto, Dow-owned Agrigenetics and others sued Maui days after the measure was passed.   It was expected that the county would defend the law in the courts, but to the disappointment of many, attorneys for Maui County filed a single sentence brief with the court, stating that it “is taking no position.” 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 show that the planting operations are safe for the community. Now residents and local groups supporting the new law are expressing outrage and disappointment over the decision by Maui County to disregard its duty to defend a law passed by its citizens, despite earlier assurances that county will implement the moratorium. Maui County spokesman Rod Antone said that the outrage from activists groups is misplaced. In December, the court allowed the local group, […]

(Beyond Pesticides, January 29, 2015) State legislators in Hawaii will soon be introducing a proposal to establish pesticide-free zones around schools and hospitals throughout the state. Not yet filed or finalized, the proposed bill would prohibit farmers from using large amounts of pesticides within a specified distance of schools and hospitals, known as buffer zones. While the exact distance of the buffer zones in Hawaii are yet be determined and will be open to discussion and input from experts and the public, lawmakers are focusing on a distance of 500 to 1,000 feet. “We want to provide meaningful protections that are going to keep pesticides from drifting into our schools and hospitals and affecting our kids,” said State Rep. Chris Lee, chair of the State House environmental protection committee and intended sponsor of the bill. “I think protecting our kids from chemicals is a common sense thing that everybody can get behind.” Beyond this common sense reason and general concern for the health of children and those already facing compromised health, Hawaiians have also experienced numerous pesticide drift and exposure incidents at schools in the past years. These incidents spurred a similar bill to that proposed by Rep. Lee, which […]

(Beyond Pesticides, January 5, 2015) Hawai’i County plans to appeal a federal judge’s ruling invalidating a 2013 county law restricting genetically engineered (GE) crops on the island. The County Council voted 5-4 in December to appeal the ruling after the judge ruled last November that Hawai’i County cannot enforce a law restricting genetically engineered crops because it is preempted by state law. The ruling follows a similar federal court decision in August 2014 that overrules a Kauai ordinance requiring annual reporting of genetically engineered organisms. U.S. Magistrate Judge Barry Kurren’s order is similar to his earlier decision invalidating Kauai County’s law on pesticides and GE crops. Judge Kurren invalidated the county law, Hawai`i County Ordinance 13-121, in a Nov. 27, 2014 order, saying state law preempts county law on the issue. He said lawmakers intended the state to have broad oversight of agricultural issues in Hawai’i. The November 2014 decision concludes that state “preemption” of the county ordinance is implied by state plant laws, despite the fact none of them mention GE crops or were intended to regulate them. The court refused a request to send the state law question to the Hawai’i Supreme Court  for a  decision. Finally, the […]

(Beyond Pesticides, November 17, 2014) In anticipation of the lawsuit by agrichemical giants following a newly passed initiative to suspend the planting of genetically engineered (GE) crops in Maui, five residents preemptively filed a lawsuit last Wednesday, November 12 beating their opponents by one day. The moratorium is only a temporary measure that bans GE crops until the county analyzes the public health and environmental effects, and it is deemed safe. Yet, despite this Monsanto, along with Dow AgroSciences, the Maui Farm Bureau and other businesses filed their own lawsuit against the county Thursday, November 13 saying that  the “referendum is invalid and contrary to long established state and federal laws that support both the safety and lawful testing and planting of GMO plants.” Maui County residents Dr. Lorrin Pang, Mark Sheehan, Lei’ohu Ryder, Bonnie Marsh and Alika Atay, along with the Shaka Movement, filed their lawsuit in the Second Circuit court in Hawaii against the county, Monsanto and Dow AgroSciences. The lawsuit seeks to assure transparency and influence over the implementation of the initiative, in light of the enormous amount of money that the ag companies have poured into the county in an attempt to beat the initiative. According […]

(Beyond Pesticides, November 6, 2014) A mixed day for environmental and public health advocates everywhere, election day, November 4, 2014, brought victories and setbacks. While campaigns to  advance public health and environmental protections faltered, as did  supportive candidates, bright spots did poke through,  leading the way forward for future grassroots efforts. Ogunquit, Maine Pesticide Ban Small but determined, the town of Ogunquit, Maine re-passed an ordinance banning the use of synthetic pesticides and fertilizers on private property. Residents voted 444 to 297 in favor of the ban, sending an even stronger second-time approval of the initiative. The town passed a nearly identical ordinance earlier this year in June, however, it was decided that a procedural glitch of failing to notify the state’s pesticide board before passage of the ordinance, as well as a lack of agricultural exemptions, should be corrected through an amended ordinance and revote. The now double-confirmed law expands on existing pesticide use restrictions on town-owned property. The passage of this ordinance positions Ogunquit as a leader in the state for environmental sustainability and the protection of public health, and supports the Ogunquit Conservation Commission’s goals to ensure that the town’s popular beaches are clean and healthy for […]

(Beyond Pesticides, September 25, 2014) Last week, the Borough of Skagway, Alaska passed a comprehensive vegetative maintenance pesticide ordinance, joining a growing number of localities across the country in enacting restrictions that protect human health, wildlife, and the wider environment from the hazards associated with unnecessary pesticide use. Among a number of notable accomplishments, Skagway’s Ordinance 14-15 makes it the first municipality in Alaska to ban the use of bee-toxic neonicotinoids by government employees. However the new law goes further, prohibiting the sale and use of neonicotinoid-containing products on all public and private lands in the Borough of Skagway. The state of Alaska is one of seven states that affirms the right of a local jurisdiction  to restrict pesticide use throughout its jurisdiction by not adopting law that preempts localities. Skagway, Alaska’s Ordinance 14-15 also: Prohibits the sale and use of persistent herbicides (persistent according to the US Composting Council) on public and private property. Prohibits the use of restricted herbicides within 300 feet of any waterway. Creates a list of restricted pesticides (based in part upon the list of pesticides restricted in Takoma Park, Maryland). Although the ordinance establishes a waiver system by which restricted pesticides may be used, […]