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California Court OKs Pesticide Plan for Light Brown Apple Moth

Wednesday, September 5th, 2012

(Beyond Pesticides, September 5, 2012) A California court has removed aerial spraying from a controversial statewide plan to control the light brown apple moth. However, the court let stand the rest of the large-scale plan implemented by the California Department of Food and Agriculture (CDFA), limiting its duration and requiring a review of the environmental effects if the state proposes to continue the Light Brown Apple Moth (LBAM) Program beyond 2017. While the state cannot use aerial spraying methods, the plan approved by the court permits the use of pesticides to control the moth. In a ruling released last week, Sacramento Superior Court Judge Lloyd Connelly referred to “the experimental nature of the LBAM Program,” observing, “There is no evidence that the Department has been able to identify with any certainty the effectiveness of particular strategies in containing, controlling, suppressing or eradicating LBAM.” The Judge also ruled that, without additional evaluation under California environmental laws, CDFA’s approval of the environmental document would “foreclose the Department from reinstating the aerial releases to the LBAM Plan.” The court rejected a broader claim by a coalition of health and environmental organizations, which challenged CDFA’s failure to disclose or accurately describe all the harms […]

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EPA Seeks Public Comment on Endangered Species Proposal

Thursday, August 30th, 2012

(Beyond Pesticides, August 30, 2012) The U.S. Environmental Protection Agency (EPA) announced on August 17 that it is seeking comments on a proposal developed jointly with the U.S. Department of Agriculture (USDA), the National Marine Fisheries Service (NMFS), and the U.S. Fish and Wildlife Service (FWS) to enhance opportunities for stakeholder input during pesticide registration reviews and endangered species consultations. The proposal specifically emphasizes coordination across federal agencies and expanding USDA’s role, as well as pesticide users to provide current pesticide use information to EPA’s ecological risk assessments. The proposal describes EPA’s plan to reach out to potentially affected pesticide users to discuss the technical and economic feasibility of draft Reasonable and Prudent Alternatives (RPAs) intended to avoid jeopardy to threatened and/or endangered species. It also describes the process by which public comments received on RPAs will be summarized and organized by EPA and provided to the Services, which will prepare a document to be included in the administrative record of the consultation explaining how comments were considered, and if appropriate, how the final biological opinion was modified to address the comments. The Services will provide the document to EPA, and both the Services and EPA will make the document […]

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Study Reveals Nanoparticles Jeopardize Food Quality and Soil Fertility

Thursday, August 23rd, 2012

(Beyond Pesticides, August 23, 2012) Two commonly used nanoparticles have a significant impact on the growth and yield of food crops, according to a team of scientists led by University of California Santa Barbara’s Bren School of Environmental Science and Management. The study’s conclusions echo similar research findings that show human and environmental risks from nanoparticles are not fully understood, and conclude that a precautionary approach should be used until their fate and toxicity is better understood. The nanoparticles tested in the PNAS study, “Soybean susceptibility to manufactured nanomaterials with evidence for food quality and soil fertility interruption,” include zinc oxide, found in everyday products such as sunscreen, lotions, and cosmetics, and cerium oxide, used in diesel fuels to increase fuel combustion. Zinc oxide nanoparticles enter agricultural fields through the application of biosolid (sewage sludge) fertilizers, which are composed of dried microbes previously used to process wastewater in treatment plants. Researchers discovered that soybean plants grown in soil containing zinc oxide particles bioaccumulate zinc, taking up the metal and distributing it throughout edible plant tissue. This caused a decrease in the food quality of the soybeans, and researchers indicate that it is uncertain whether the zinc that accumulates in the […]

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U.S. to Clean Up Sites in Vietnam Contaminated with Agent Orange

Wednesday, August 15th, 2012

(Beyond Pesticides, August 15, 2012) After decades of denying Vietnamese requests for assistance in a cleanup, the United States launched its first major effort to address environmental contamination brought on by its use of Agent Orange in the Vietnam War, this according to the New York Times. Agent Orange is a toxic herbicide which contains dioxin —a known carcinogen- used by the U.S. military to defoliate Vietnamese forests, which left a legacy of cancer, birth defects, and environmental contamination, with an estimated 3 million Vietnamese people exposed.

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MN Court Rejects Organic Farmers’ Lawsuit Charging Pesticide Drift Is Trespass

Monday, August 6th, 2012

(Beyond Pesticides, August 6, 2012) The Minnesota Supreme Court reversed a ruling that gave organic farmers clear redress and decided that pesticide drift from one farm to another is not trespass, but instead must, in litigation, be found to be negligence or a nuisance. The ruling, while still giving farmers a legal channel to sue on pesticide drift, creates a higher standard for organic farmers to seek relief if their crops are damaged by pesticide drift. The ruling overturns a decision last summer by the state Court of Appeals that said pesticide drifting from its intended farm onto an adjacent organic farm could be considered a trespassing violation. In reversing a 2011 appeals court ruling, the Supreme Court said Minnesota does not recognize trespassing by “particulate matter.” The high court said the earlier appeals court ruling that found otherwise went “beyond our precedent.” The case is that of organic farmers Oluf and Debra Johnson, who sued the Paynesville Farmers Union Cooperative Oil Company in 2009. The Johnsons alleged that the co-op repeatedly sprayed pesticides that drifted onto their fields, preventing them from selling their crops as organic. The Johnsons transitioned their farm to organic in the 1990s to take advantage […]

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EPA Wants Further Risk Mitigation Measures for Chlorpyrifos, Groups Want it Banned

Monday, July 23rd, 2012

(Beyond Pesticides, July 23, 2012) The U.S. Environmental Protection Agency’s (EPA) announcement last week of new agricultural risk mitigation measures for the neurotoxic insecticide chlorpyrifos continues to ignore farmworker health and that of their families, as well as the viability of organic farming systems in providing not only safer food, but safer working environments for farmworkers. The new measures, while a step in the right direction to protect vulnerable populations, do not go far enough to address the unreasonable risks associated with the chemical’s widespread continued use. The national pesticide law, the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), requires protection against “unreasonable adverse effects to man or the environment.” In its latest decision, EPA seeks to reduce exposure to “acceptable” risk levels. In this case, the agency is seeking to reduce exposure of bystanders to spray applications. The measures include reductions in aerial application rates of the insecticide and the establishment of mandatory buffers around sensitive sites where bystanders including children are known to suffer exposure. The new mitigation practices include reducing the maximum amount of chlorpyrifos that can be applied per acre using spray applications from 6 pounds/acre to 2 pounds/acre. The new measures also include no-spray buffer […]

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Researchers Settle NanoSilver Antimicrobial Mechanism; Low Dose May Enhance Bacteria Resistance

Wednesday, July 18th, 2012

(Beyond Pesticides, July 18, 2012) Just as the U.S. Environmental Protection Agency (EPA) opened the federal docket for the registration review of nanosilver, Rice University researchers settled a long-standing controversy over the mechanism by which silver nanoparticles, the most widely used nanomaterial in the world, kill bacteria. The researchers found that the silver ions, rather than the silver particles, have antimicrobial effects on bacteria. However, their work comes with a warning; low doses of nanosilver can make bacteria stronger and more resistant. Silver nanoparticles are used just about everywhere, including in cosmetics, socks, food containers, detergents, sprays and a wide range of other products to stop the spread of germs. Researchers have debated the mechanisms by which nanosilver particles exert toxicity to bacteria and other organisms. They have long known that silver ions, which flow from nanoparticles when oxidized, are deadly to bacteria. In the study, “Negligible Particle-Specific Antibacterial Activity of Silver Nanoparticles,” published in NanoLetters, the researchers explain that the nanoparticles are practically benign in the presence of microbes. But when in soluble ionic form, that is, when activated via oxidation, nanosilver becomes toxic to bacteria. The research team decided to test nanoparticle toxicity in an anaerobic environment —with […]

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EPA Proposes to Reverse Decision to End Azinphos-Methyl Use

Thursday, July 5th, 2012

(Beyond Pesticides, July 5, 2012) After a 2006 cancellation of uses due to unreasonable risks to farmworker health and the environment, and a 6-year phase out scheduled to conclude this September, the U.S. Environmental Protection Agency (EPA) is conducting a risk-benefit analysis to make a determination whether to keep in place or amend the cancellation order for the organophosphate azinphos-methyl (AZM), citing new information on the economic costs of using alternatives. In 2001, EPA found that insecticides azinphos-methyl (AZM) posed unacceptable risks to farmworkers and announced that 28 crop uses were being canceled, seven crop uses were to be phased-out over four years, and eight crop uses were to be allowed to continue under a “time-limited” registration for another four years. Farmworker advocates challenged that decision in federal court citing that EPA failed to take into account the costs of poisoning workers, exposing children, and polluting rivers and streams. A settlement agreement effectively stayed the legal challenge pending EPA’s reconsideration of the “time limited” uses of AZM. In November 2006, EPA decided that AZM poses unreasonable adverse effects and issued a final decision to cancel AZM, but allowed continued use on some fruit crops (apples, cherries, pears) for six more […]

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EPA Reevaluating Its Commitment to Phase Out Toxic Fumigant

Monday, May 14th, 2012

(Beyond Pesticides, May 14, 2012) The U.S. Environmental Protection Agency (EPA) is accepting public comment on several complex regulatory issues related to the agency’s commitment to phase out the toxic fumigant sulfuryl fluoride. At one time EPA had supported sulfuryl fluoride as a replacement for a second fumigant, methyl bromide, which the United States is obligated under international treaty to eliminate due to its contribution to ozone depletion. However, EPA reversed that support once further research and a refined risk assessment established that aggregate exposure to sulfuryl fluoride does not adequately protect the health of certain population subgroups. Although EPA decided unequivocally in 2011 to phase out all food-related uses for sulfuryl fluoride, the current public comment opportunity revisits key elements of that decision and could open the door for an unwarranted and unnecessary extension of this toxic fumigant’s allowance. Initially registered in 1959 to kill termites and other wood-boring pests, sulfuryl fluoride gained attention as a potential alternative to methyl bromide as a broad spectrum insect fumigant in post-harvest commodity storage and food processing facilities. The need for such alternatives became more pressing as the U.S., a signatory of the Montreal Protocol, gradually reduced the amount of methyl bromide […]

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Tenth National Healthy Schools Day Urges More Environmental Protection

Thursday, April 26th, 2012

(Beyond Pesticides, April 26, 2012) Beyond Pesticides joins over 30 co-sponsors for the 10th annual National Healthy Schools Day in urging Federal and State governments to step up to improve the environmental health of schools nationwide. Though a growing number of states are beginning to address risks to children in schools, more work must be done to protect children, faculty and staff from unnecessary exposure to harmful chemicals, toxic pesticides and allergens. According to the Healthy Schools Network, the organization that coordinates National Healthy Schools Day, more than two thirds of the nearly 100,000 public school buildings in the country have at least one dire infrastructure problem, however these schools are virtually unregulated by any agency for indoor environmental health and safety standards. Research shows direct links between a school’s poor indoor environment and higher rates of asthma and other respiratory ailments. Other studies show that improving indoor air quality has measurable impacts on student and teacher health and productivity. Children are especially vulnerable to negative effects of toxic pesticide and chemical exposure as they take in more toxins relative to their body weight than adults and have developing organ systems that are less able to detox. In a statement […]

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EPA Publishes Human Health Benchmarks for Pesticides in Water

Wednesday, April 18th, 2012

(Beyond Pesticides, April 18, 2012) In the face of widespread pesticide contamination of U.S. waterways and the lack of drinking water standards for hundreds of pesticides, the U.S. Environmental Protection Agency (EPA) has announced new health and environmental benchmarks for acute pesticide effects, postponing action on chronic effects to an unspecified future date. While a step forward in identifying hazards associated with pesticide use and exposure, benchmarks have been notoriously limited in fully assessing risks because of ongoing deficiencies in analyzing the complexities associated with chemical exposure, specifically a failure to evaluate the effects of chemical mixtures, synergistic effects, and health effects associated with consistent low-dose exposure. EPA notes in a newly released April 2012 factsheet, “Human Health Benchmarks for Pesticides,” that, “EPA has developed a table of human health benchmarks for approximately 350 pesticides that are currently registered for use on food crops. The benchmarks are for pesticides for which the agency has not previously issued a drinking water health advisory or set an enforceable federal drinking water standard. These benchmarks for pesticides will enable states, water systems and the public to better determine whether the detection of a pesticide in drinking water or source waters for drinking water […]

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Herbicide Applications Undermining Protection of Biodiversity

Thursday, April 5th, 2012

(Beyond Pesticides, April 5, 2012) Newly published research has documented that widely used herbicides can adversely impact non-target invertebrate organisms and that endangered species face acute risk from such impacts. Researchers found that adult numbers of the Behr’s metalmark butterfly dropped by one-fourth to more than one-third when its larvae were exposed to herbicides applied in the vicinity of the butterfly’s preferred food source, the naked stem buckwheat plant. The results are especially disturbing because the Behr’s metalmark was being studied as a surrogate for the Lange’s metalmark butterfly, which shares the same habitat and feeding preference and whose population has shrunk from 2,300 in 1999 to less than 100 today. As a federally protected endangered species, the Lange’s metalmark could not be included in the experiment. Researchers concluded that inert ingredients in the herbicide formulations or indirect effects on food plant quality may be causing the increased butterfly mortality. The research was conducted at the 55 acre Antioch Dunes National Wildlife Refuge in Contra Costa County, CA, which is the only known habitat for the Lange’s metalmark. Refuge managers noticed that the naked stem buckwheat, which is native to the refuge and supports both species of butterflies, was being […]

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Dangerous Levels of DDT Still Plague San Francisco Bay

Wednesday, March 21st, 2012

(Beyond Pesticides, March 21, 2012) A half-century after California officials discovered that large amounts of the pesticide DDT had been discharged into a San Francisco Bay canal, the chemical is still poisoning fish and posing a threat to human health despite numerous cleanup attempts. After years of limited success with clean-up, the U.S. Environmental Protection Agency (EPA) has launched a three-year plan to pinpoint the cause of continuously high DDT levels and engage the surrounding community in cleanup and education efforts. The former plant and the adjacent canal, called the Lauritzen Channel, an inlet of the greater San Francisco bay, is one of the most polluted places in the nation. DDT levels have not decreased in the channel even after numerous dredging and other mitigation measures. In fact concentrations have increased. By 2011, DDT concentrations exceeded 1994 levels and some fish have DDT levels in their tissues hundreds of times higher than their counterparts in the rest of the San Francisco Bay. EPA said earlier this month it is launching a three-year plan to help unravel the mystery of why cleanup attempts are failing, and will work with the city to increase awareness among anglers who rely on bay fish […]

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Take Action: EPA Proposes Expansion of Neurotoxic Pyrethroid Uses

Tuesday, January 31st, 2012

(Beyond Pesticides, January 31, 2012) The Environmental Protection Agency (EPA) has proposed an expansion in pyrethrins/pyrethroid insecticide uses as part of its cumulative risk assessment for this neurotoxic class of chemicals. In the cumulative risk assessment, EPA concludes that pyrethroids “do not pose risk concerns for children or adults,” ignoring a wealth of independent data that links this class of chemicals to certain cancers, respiratory and reproductive problems, and the onset of insect resistance. It went as far as to state that its cumulative assessment supports consideration of registering additional new uses of these pesticides, potentially opening the flood gates for manufacturers to bombard the market with more pyrethroid pesticides, endangering the health of the public. The agency is accepting public comments through February 8, 2012. Tell EPA that it has ignored numerous health effects and that these pesticides do pose unacceptable risks to human health given the availability of alternatives. Submit comments directly to the EPA docket or sign-on to Beyond Pesticides’ comments. In its comments to EPA, Beyond Pesticides states: There are several major concerns and flaws plaguing this cumulative assessment, which therefore does not meet the regulatory burden in fully evaluating synthetic pyrethroids’ effect on public and […]

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EPA Grants Conditional Registration to Nanosilver Product Before Reviewing Pertinent Data

Wednesday, December 14th, 2011

(Beyond Pesticides, December 14, 2011) The U.S. Environmental Protection Agency (EPA) is conditionally registering a pesticide product containing nanosilver as a new active ingredient. The antimicrobial pesticide product, HeiQ AGS-20, a silver-based product for use as a preservative for textiles to help control odors, is being granted registration despite a long list of outstanding studies that have yet to be submitted and reviewed by EPA. As a testament to EPA’s flawed registration process, the agency will now require additional data on the product after it has entered the marketplace to confirm its assumption that the product will not cause ”˜unreasonable adverse effects on human health or the environment,’ the general standard for registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). HeiQ AGS-20 is a nanosilver-silica composite with nanosilver particles that are incorporated into textiles and release of silver ions to suppress the growth of bacteria, which cause textile odors, stains, and degradation. Despite an emerging database that shows that nanosilver is much more toxic than conventional-sized silver and can cause damage in new ways, the agency pressed forward with registration of a product for which it has not fully evaluated human and environmental health data. For conditional registration, […]

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Lake Tahoe Pesticide “Ban” Overturned by Local Water Control Board

Tuesday, December 13th, 2011

(Beyond Pesticides, December 13, 2011) Despite opposition from Lake Tahoe water providers and environmental groups, the Lahontan Regional Water Quality Control Board (LRWQCB) voted last week to allow the use of pesticides to control invasive species like Asian clams and the underwater plants Eurasian watermilfoil and curly leaf pondweed. For years, the rules regulating pesticide use in Lake Tahoe limited their use to below detectable levels, creating a “de facto prohibition,” explains Mary Fiore-Wagner, an environmental scientist with the LRWQCB. The decision to allow the use of pesticides in the lake now rests in the hands of California State Water Resources Control Board. Carl Young, interim executive director of the League to Save Lake Tahoe/Keep Tahoe Blue, told the Associated Press that the plan poses a threat to the lake’s water quality and the public’s health, and he’s concerned visitors and residents could be exposed to pesticides through Tahoe’s fish and drinking water. The League is urging regulators to use non-chemical methods, including bottom barriers that involve the use of large mats to starve the species of sunlight and oxygen. The aquatic plants can be managed through mechanical harvesting. The U.S. Army Corps of Engineers estimates economic impacts from introductions […]

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Recent Reports Help Consumers Reduce Pesticide Exposure and Improve Nutrition

Monday, November 21st, 2011

(Beyond Pesticides, November 21, 2011) Two recent reports from the Organic Center can help consumers identify food choices that will reduce their intake of pesticides while enhancing the overall nutritional content of their diets. The reports, entitled Dietary Risk Index and Transforming Jane Doe’s Diet are based upon state-of-the-art pesticide residue and risk assessment research conducted by USDA and EPA. The reports establish that switching to organically produced and handled foods significantly reduces the amount of pesticides consumers will receive from their diet and that a few simple changes in behavior can drive such exposure to nearly zero. Noting that extensive research has identified fresh fruits and vegetables as by far the greatest source of pesticide exposure and risk in our diets, the Dietary Risk Index (DRI) report focuses on the relative risk of choices within these food groups. The DRI calculates expected risk by weighing the toxicity of a specific pesticide with the amount of the substance to which consumers are likely to be exposed. This estimated risk is then measured against the EPA-established “level of concern”, the exposure level beyond which EPA can no longer assert a “reasonable certainty of no harm.” The DRI calculations for individual pesticides […]

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EPA Releases Pyrethroid Risk Assessment, Ignores Numerous Health Effects

Wednesday, November 16th, 2011

(Beyond Pesticides, November 16, 2011) On November 9, 2011, the U.S. Environmental Protection Agency (EPA) issued its cumulative risk assessment for the pyrethroid class of insecticides, concluding that these pesticides “do not pose risk concerns for children or adults,” ignoring a wealth of independent data that links this class of chemicals to certain cancers, respiratory and reproductive problems, and the onset of insect resistance. The agency went as far to state that its cumulative assessment supports consideration of registering additional new uses of these pesticides, potentially opening the flood gates for manufacturers to bombard the market with more pyrethroid pesticides, endangering the health of the public. EPA issued the final pyrethins/pyrethroid cumulative risk assessment in the Federal Register and is requesting comment until January 9, 2011, including information that may be used to further refine the assessment. Pyrethroids are a widely used class of insecticides used for mosquito control and various insects in residential and agricultural settings. However pyrethroids are highly neurotoxic and have been linked to cancer, endocrine disruption, suppression of the immune system, and various reproductive effects. This class of chemicals includes permethrin, bifenthrin, resmethrin, cyfluthrin and scores of others. Read Beyond Pesticides’ factsheet “Syntethic Pyrethroids.” Once the […]

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European Food Still Heavily Contaminated With Dangerous Cocktails Of Pesticides

Wednesday, November 9th, 2011

(Beyond Pesticides, November 9, 2011) A 2009 European Union (EU) report on pesticide residues, published yesterday by the European Food Safety Authority (EFSA), shows food on the European market is still heavily contaminated with cocktails of pesticides. The percentage of EU food in shops and markets with multiple residues remains at a high level of 25.1%, meaning only a slight improvement in the last five years of reporting. The highest reported number of pesticide chemical residues in one food item remains at 26: One sample analyzed had 26 different pesticides! Like the U.S. where consumers are exposed through food and drinking water to a variety of chemical mixtures of pesticide food residues, EU citizens also continue to be exposed to mixtures of pesticides on a daily basis. According to the report , compliance with the legal maximum residue levels (MRLs) for pesticides in food rose to 97.4 percent of the analyzed samples in 2009, up by about one percentage point from 2008, EFSA said. However, like their counterparts in the U.S., the regulatory entities EFSA and European Commission still do not protect people against the effects of mixtures. Health standards for pesticide residues do not take these effects into account. […]

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Beyond Pesticides Celebrates 30 Years of Making the Environment Safer

Monday, October 24th, 2011

(Beyond Pesticides, October 24, 2011) This article is reprinted from the SafeLawns blog by Paul Tukey. Mr. Tukey, the founder of SafeLawns.org, is an American journalist, author, filmmaker and motivational public speaker, who has a particular expertise in environmental issues related to landscape management and water quality. We thank Paul for all of his tremendous work and for the opportunity to discuss on the safelawns.org blog the 30-year history of Beyond Pesticides’ work and the vision and purpose of our work. We will be hosting a reception with live music and screening of the film Vanishing of the Bees on Thursday, October 27th, 6:30 pm at Busboys and Poets (14th and V Streets NW) in Washington, DC. For more information and to RSVP, click here. Read Mr. Tukey’s interview below with Beyond Pesticides Executive Director Jay Feldman, discussing the accomplishments of the last 30 years: Paul Tukey: This coming Thursday, Oct. 27, a remarkable achievement will be marked in Washington, D.C., when Beyond Pesticides celebrates its 30th anniversary. Beginning at 6:30 p.m. at Busboys & Poets, leaders of the environmental movement will come together with the general public for a benefit reception with live music and organic food and drinks. […]

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Dirty Water Bill Offered as Amendment in Senate, Act Now

Tuesday, October 11th, 2011

(Beyond Pesticides, October 11, 2011) U.S. Senator Pat Roberts (R-Kansas) has offered an amendment to a currency bill in the Senate this week which would strip protections against pesticide contamination from the Clean Water Act (CWA). The language of the amendment is the exact same language as H.R. 872, which is currently working its way through the Senate and which environmental and public health advocates have been fighting against for much of the past year. Urgent action is needed to stop the amendment from successfully being attached to the larger bill, S. 1619. Click here to send an email to your Senators urging them to stand with you in opposing the Roberts amendment, Amendment 720, and ensuring our waterways are kept safe from pesticide contamination. Attaching the bill as an amendment to an entirely unrelated bill represents an attempt to slip the language in unnoticed and get it through without a fight. The language in the amendment, which has already passed through the U.S. House of Representatives as H.R. 872, and was voted out of the Senate Committee on Agriculture, Nutrition, and Forestry as the stand alone bill S. 718 in June, but had since stalled in the Senate, would […]

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EPA Concludes California Discriminated Against Latino Children in Agreement

Monday, August 29th, 2011

(Beyond Pesticides, August 29, 2011) The U.S. Environmental Protection Agency (EPA) announced last Thursday that it has entered into an agreement with the California Department of Pesticide Regulation (CDPR) to resolve a civil rights complaint from 1999 which alleged that the department’s renewal of the toxic fumigant methyl bromide in 1999 discriminated against Latino school children whose schools are located near agriculture fields. Per the agreement, CDPR has agreed to expand on-going monitoring of methyl bromide air concentrations by adding a monitor at or near one of the Watsonville, CA area schools named in the original complaint. The purpose of the additional monitor is to confirm that there will be no recurrence of earlier conditions. CDPR will share the monitoring results with EPA and the public and will also increase its community outreach and education efforts to schools that are in high methyl bromide usage areas.EPA says that this is a part of a “backlog” of more than 30 unresolved complaints. The complaint was filed in 1999 under Title VI of the Civil Rights Act of 1964 , which prohibits intentional discrimination and discriminatory effects on the basis of race, color, and national origin by recipients of federal financial assistance. […]

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MN Court Says Pesticide Drift Is Trespass

Tuesday, July 26th, 2011

(Beyond Pesticides, July 26, 2011) On July 25, 2011, in the case of Oluf Johnson v. Paynesville Farmers Union Cooperative Oil Company, Judge Ross of the Minnesota Court of Appeals ruled that pesticides drifting from one farm to another may constitute trespass. Organic farmers Oluf and Debra Johnson filed a civil suit alleging that the oil company sprayed a pesticide that drifted from targeted fields onto theirs, and that this prevented them from selling their crops as organic. Previously, a district court dismissed the Johnsons’ trespass claims. The victory is important for organic growers who are frequently under threat of pesticide drift from neighboring properties. Under the federal organic standards authorized by the Organic Foods Production Act (OFPA), produce may not be labeled organic if it is contaminated with pesticide residues, as a result of off-site use, o greater than five percent of the allowable pesticide tolerance levels. Pesticide tolerances are the pesticide residue limits used in the U.S. or by countries imporing to the U.S., which are set by the federal government under the Food Quality Protection Act (FQPA). Because we live in a polluted world where pesticide residues are present, often at low levels, nearly everywhere. A very […]

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