(Beyond Pesticides, December 19, 2022) As the new 118th Congress convenes on January 3, 2023, one of the key issues on the agenda led by Republicans in the U.S. House of Representatives is preemption of local authority to restrict pesticide use—undercutting the local democratic process to protect public health and safety. In the 117th Congress, H.R. 7266 was introduced to prohibit local governments from adopting pesticide laws that are more protective than federal and state rules. If H.R. 7266 were to pass or be incorporated into the 2023 Farm Bill, as the pesticide industry and proponents of the legislation plan to do, this bill would overturn decades of precedent as well as prevent local governments from protecting their residents from hazardous chemicals in their environment.   This is a direct assault on nearly 200 communities across the country that have passed their own policies to restrict the use of toxic pesticides. Communities must maintain the right to restrict pesticides linked to cancer, water-contamination, and the decline of pollinators to protect their resident’s health and unique local ecosystems.   Take action today and tell your U.S. Representative and Senators to support communities by opposing H.R. 7266 (and successor legislation in the new Congress) […]

(Beyond Pesticides, August 17, 2022) Health and environmental advocates are urging Governor Kathy Hochul (D) to sign into law legislation that allows localities in the state to protect freshwater wetlands from toxic pesticide applications. The legislation, SB S8378C, sponsored by Senator Pete Harckham (D-WF) and passed by the state Senate and Assembly, represents an important affirmation of the local democratic right of communities seeking to protect their residents and local environments from hazardous pesticides. The state-level legislation comes at a time when local communities are under attack from pesticide industry allies in Congress, who are promoting legislation to “preempt” or prohibit states from enacting these laws, and localities from exercising their right to local control. The bill is awaiting the governor’s signature. Underlying Senator Harckham’s legislation is the principle that local communities should be able to set rules to protect their drinking water from contamination. Local officials, Sen. Harckham notes, know their wetlands and aquifer systems best. “Pesticides and herbicides should not have blanket application if a municipality chooses to regulate their local wetlands that way,” he told Spectrum News 1. Under the proposed legislation, a locality may enact pesticide restrictions only if the local government has already implemented a […]

(Beyond Pesticides, August 8, 2022) The pesticide industry has selected August as Anti-Democracy Month, as it launches a month-long campaign to undermine local control over pesticides. The National Pest Management Association is encouraging members to lobby members of Congress in August to support H.R. 7266, to “prohibit local regulations relating to the sale, distribution, labeling, application, or use of any pesticide or device” subject to state or federal regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Beyond Pesticides urges you to make August Preserve Local Democracy Month by participating in actions in support of allowing communities to protect themselves from chemical exposure when state and federal regulation is inadequate. Tell your U.S. Representative and Senators to support communities by opposing H.R. 7266 and supporting the Protect America’s Children from Toxic Pesticides Act (PACTPA), which contains a provision affirming local authority to restrict pesticides. The fight to defend the authority of local governments to protect people and the environment has been ongoing for decades, reaching the U.S. Supreme Court in 1991. The Court specifically upheld the authority of local governments to restrict pesticides throughout their jurisdictions under federal pesticide law. In Wisconsin Public Intervenor v. Mortier, the Court ruled that federal […]

(Beyond Pesticides, July 13, 2022) A new law in France bans the use of lawn and landscape pesticides in both public and private areas frequently used by the public. The law, which came into effect at the beginning of this month, applies throughout the country and extends the scope of a previous decree that restricted pesticide use on green spaces in public areas. As it stands, France’s previous approach is set to be adopted by the entirety of the European Union under its Farm to Fork initiative goals of reducing overall pesticide use by 50% by 2030. This new law, which tracks most similarly to restrictions enacted in most Canadian provinces and by certain U.S. cities like South Portland and Portland, ME, highlights the importance of extending pesticide restrictions to most all outdoor spaces to ensure health and environmental safety. The new restrictions apply to a laundry list of sensitive sites where pesticide use can unnecessarily harm individuals or the wider public: Private residential properties, including their outdoor areas Hotels, hostels, lodgings, camping sites and residential leisure parks Cemeteries Allotments [community gardens]; Amusement, entertainment and recreation parks with a variety of activities and facilities; Areas accessible to the public in […]

(Beyond Pesticides, July 12, 2022) More than four out of five U.S. children and adults over the age of six have detectable levels of glyphosate in their bodies, according to data recently published by the Centers for Disease Control and Prevention (CDC). With strong evidence implicating this chemical as a carcinogen, and emerging data associating it with adverse birth outcomes, the findings raise broad concerns for public health. As the U.S. Environmental Protection Agency (EPA) continues to permit widespread public exposure to toxic chemicals based on obscure economic arguments over the claimed benefits of pesticides, advocates say it is time for a change that embraces health and the environment over the profits of pesticide manufacturers. CDC’s testing data was developed as part of its National Health and Nutrition Examination Survey (NHANES), a long-running program that began in the early 1960s and has since become a continuous program focused on American health and nutrition measurements. Data from this program are subsequently analyzed to help inform the prevalence of disease in the U.S. population and are used to develop public health policies. A total of 2,310 urine samples retained from studies conducted in 2013-2014 were analyzed by NHANES researchers for the presence […]

(Beyond Pesticides, July 6, 2022) Norwalk, Connecticut last week passed an ambitious ordinance (see page 121) banning toxic pesticides and implementing pesticide-free management on all public spaces throughout the city. The move, championed by Common Council member Lisa Shanahan with strong support from other city leaders, as well as public health and conservation organizations, follows nearby Stamford, CT’s organic community ordinance passed last September. “It’s high time that we connected people and conscientious lawmakers—linking municipal pesticide bans to the interests of animal advocates, gardeners and conservationists, so that the hazards and risks of using pesticides both informs residents and changes public policies and practices,” said Priscilla Feral, president of the Connecticut-based animal advocacy organization Friends of Animal and founder of Pesticide Free Rowayton, organizations which both worked to gather public support for the ordinance. Prior to the passage of the ordinance, Norwalk land managers were embracing the need to move towards safer approaches to land care, and responded to public requests to move in this direction. Pesticide Free Rowayton secured a pesticide-free lawn care program on six public parks, and city staff began phasing out glyphosate use. “Three years now we stopped using Roundup on our property,” Superintendent of Parks […]

(Beyond Pesticides, June 22, 2022) Bad news is piling up for Bayer (Monsanto) and its carcinogenic flagship weed killer, glyphosate (Roundup). Last week, the Court of Appeals for the Ninth Circuit handed down a ruling that held the U.S. Environmental Protection Agency’s (EPA) 2020 approval of its notorious weed killer glyphosate unlawful. Then, yesterday, the U.S. Supreme Court declined to consider (deny certiorari) Bayer’s “Hail Mary” petition attempt to save the company from being held accountable to those diagnosed with cancer after using Roundup (glyphosate) herbicides. In both cases, the courts are acting as a check on a company, while EPA regulators charged with stopping this behavior continue to rubber stamp the agrichemical industry’s dangerous decisions. This is not the first time that the Supreme Court has upheld the rights of victims of the pesticide industry. In 2004, Bates v. Dow Agrosciences (U.S. Supreme Court, No. 03-388), the court found: “The long history of tort litigation against manufacturers of poisonous substances adds force to the basic presump­tion against pre-emption. If Congress had intended to deprive injured parties of a long available form of compen­sation, it surely would have expressed that intent more clearly. See Silkwood v. Kerr-McGee Corp., 464 U. […]

(Beyond Pesticides, May 25, 2022) Earlier this month, the U.S. Department of Justice urged the Supreme Court to deny a request by Bayer to review a verdict that found the corporation liable for damages from the use of its Roundup (glyphosate) herbicides. Now, Bayer is using proxy organizations to place pressure on the Biden Administration and Justice Department to rescind its decision. Alongside a range of chemical industry umbrella groups, many of which—like Croplife America—Bayer is a member of, a letter was sent to President Biden expressing “grave concern” about the opinion filed by Solicitor General Elizabeth Prelogar. Among a range of baseless claims, the agrichemical industry is deflecting lower court findings on the hazards and cancer risk of their products with the claim that their toxic chemicals are needed to feed the world, as crops shipments from Ukraine have been halted during the ongoing war. “The agrichemical industry has long tried to sell the idea that their toxic pesticides are needed to feed the world, as if to suggest that their motives are altruistic when, in fact, they have shown a callous disregard for life and a sustainable future,” said Jay Feldman, executive director of Beyond Pesticides. ” We […]

(Beyond Pesticides, April 7, 2022) Legislation introduced by U.S. Representative Rodney Davis (R-IL) last week would roll back, preempt, and prohibit local jurisdictions from enacting policies that protect resident health and a community’s unique local environments from hazardous pesticides. The bill, H.R.7266, is a direct attack on the scores of local communities that have enacted common sense safeguards from toxic pesticides, and represents the pesticide industry’s response to the growing momentum of the pesticide reform movement. Health and environmental advocates are expecting Rep. Davis and his partners in the agrichemical industry to attempt to work the provisions of the legislation into the upcoming 2023 farm bill. The industry had previously attempted to work federal preemption into the 2018 farm bill, an effort that ultimately failed after massive pushback from health advocates, local officials, and Congressional allies. Rep. Davis’ press release for the bill, in which he was joined with quotes from a range of agrichemical industry leaders, is titled “Davis Introduces Legislation to Prevent Liberal Local Governments from Banning or Restricting Pesticide Use,” striking a partisan tone. Caring about public and environmental health is typically not viewed as a liberal or conservative, Democratic or Republican issue. Those monitoring local governments […]

**We’re taking a break for the holidays. Daily News will be back on January 3, 2022** (Beyond Pesticides, December 23, 2021) We at Beyond Pesticides wish our members, supporters, and collaborators all the best for the holiday season and new year. We look forward to working with you in the new year to meet the serious environmental and public health challenges with truly organic solutions. Our accomplishments are your victories. We are seeing the outcomes in communities across the country—the adoption of organic land management policies and practices that eliminate toxic pesticides, protect children, pets, and families, and protect the local ecology. With your support of Beyond Pesticides, we strive to reverse the destructive environmental and public health path that we’re on and advance the adoption of organic practices and policies that respect life. To view our accomplishments, see Beyond Pesticides’ 2021 Year in Review. Beyond Pesticides’ program supports a clear message: End toxic pesticide use and embrace organic practices and policies that respect the power of nature to heal— in the face of devastating and destructive toxic chemical-dependency. This past year has again elevated important public discourse on the threats that pesticides pose to health and the environment. Table […]

(Beyond Pesticides, September 14, 2021) Last week, Stamford, CT became the latest U.S. City to pass an organic community ordinance, restricting toxic pesticide use on public spaces in favor of safer, natural land care practices. The ordinance, championed by Nina Sherwood of the Stamford Board of Representatives with strong support from Stamford Mayor David Martin, is an outgrowth of years of research and coordination within city government. Advocates note that strong support from both national, state, and local groups like Pollinator Pathway Stamford helped make the case at public hearings. “By garnering support for the public hearing, many Stamford Pollinator Pathway members, Stamford residents and organizations from around the country let their voices be heard,” said Melanie Hollas, co-chair of Pollinator Pathway Stamford and a Stamford Parks and Recreation Commissioner. “Today, I am proud to be a Stamford resident and want to thank everyone, including Beyond Pesticides, for all their hard work to make this goal achievable.” Ms. Hollas describes the ordinance as, “a comprehensive easy to use system to help employees shift from long-term usage patterns of chemicals to products, and more importantly practices, that create a healthy ecosystem along with beautiful landscaping and usable sports fields.” The ordinance […]

(Beyond Pesticides, August 18, 2021) Multinational chemical company Bayer filed a petition with the U.S. Supreme Court this week, seeking a reversal of a lower court verdict that established Bayer liable for damages from the use of its weed killer Roundup. After purchasing Roundup-maker Monsanto in 2018, Bayer has been mired in a deluge of court battles from injured customers throughout the country who assert that their use of the glyphosate-based herbicide resulted in their cancer diagnosis. Bayer, for its part, has consistently lost these court cases. The company’s Supreme Court petition is now regarded as its best and last chance to avert responsibility for the ongoing harm to public health caused by its carcinogenic herbicide. Bayer’s Supreme Court challenge pertains to the Hardeman v. Monsanto case. In that suit, a California court found unanimously in favor of the plaintiff, Edwin Hardeman. Mr. Hardeman told the jury he had used Roundup since the 1980s to spray poison oak and weeds around his property, resulting in his diagnosis of non-Hodgkin lymphoma in 2014. He was awarded $5.27 million, while his punitive damages were ultimately reduced from $75 to $20 million. Bayer is bringing two main arguments to the Supreme court. First, […]

(Beyond Pesticides, March 19, 2021) As reported by VTDigger, Vermont’s Endangered Species Committee recently took action to uphold the state’s endangered species law. The committee announced that a mosquito control program in the Champlain Valley, which uses the toxic pesticides malathion and permethrin, is threatening five species of endangered bats — all of which are on Vermont’s list of threatened and endangered species. The committee voted unanimously to recommend to the state Secretary of the Agency of Natural Resources that the spraying program in the Brandon, Leicester, Salisbury, Goshen, Pittsford Insect Control District be allowed only via special permit. Learn about safer mosquito management and insect-borne diseases at Beyond Pesticides website pages. The bats inhabit the Insect Control District’s five towns, which are host to important feeding habitat for these creatures, as well as maternal roosting colonies where baby bats are born and raised during the months when the pesticides are typically sprayed. In addition, the nighttime spraying of these compounds along 190 miles of road in these communities hangs in the air for hours, putting nocturnally active bats — who fly through the toxic mist or consume insects contaminated with the chemicals — at risk. Mason Overstreet of Vermont […]

(Beyond Pesticides, December 4, 2020) The Philadelphia City Council, yesterday afternoon, passed Bill #200425, known as Healthy Outdoor Public Spaces (HOPS), a sweeping ban of herbicides (weed killers) on its public property that stops short of banning all toxic pesticides, while encouraging the adoption of organic land management. With wide support for broad pesticide restrictions from public health and labor groups, scientists, and land managers, the bill was adopted by a unanimous vote. The effort was spearheaded by Toxic Free Philly, a group of local residents deeply concerned about the impacts of pesticides on health and the environment. While the hearing record and the bill’s language indicates a clear spirit and intent to move Philadelphia’s public spaces to organic practices, advocates cite the importance of public involvement and oversight to ensure their goals are achieved. Beyond Pesticides testified for broad language based on the model it is advancing nationwide, and offered the city council free horticultural services to implement an organic program under the new policy. “Toxic chemicals, including pesticides and synthetic fertilizers, are not needed to manage landscapes and increasingly local governments are recognizing that neither EPA nor state agencies, and their underlying statutes, provide adequate protection for their […]

(Beyond Pesticides, November 13, 2020) The toxic herbicide dicamba is once again at the center of a larger story about states’ authority to regulate pesticides beyond federal dictates. The Trump EPA (Environmental Protection Agency) has just made it much harder for state regulations to be more protective than federal rules are. It did so via a footnote embedded in dozens of pages of regulatory documents related to EPA’s registration of three new dicamba products. Given conservatives’ long-standing lip service to “states’ rights,” this EPA’s thwarting of the wishes of individual states to respond to their respective circumstances could easily be regarded as an odd — though, during this administration, hardly singular — stance. This latest development underscores EPA’s continuing failures to protect people and the environment, and the increasing tension between centralized, federal regulation and more-local regulation, whether by states or smaller localities. For nearly 30 years, state regulators have used a Section 24 provision of FIFRA, the Federal, Insecticide, Fungicide and Rodenticide Act — the law that gives EPA authority to regulate pesticides — to establish specific restrictions, on use of federally registered pesticide products, that go beyond what EPA has mandated. The agency has long allowed states to add […]

(Beyond Pesticides, October 7, 2020) This week the Baltimore, Maryland City Council passed an ordinance restricting the use of toxic pesticides on public and private property—including lawns, playing fields, playgrounds, children’s facility (except school system property [golf courses are exempt]—following an approach similar to legislation first spearheaded by Montgomery County, MD in 2015. While the legislation, 20-0495, An Ordinance Concerning Pesticide Control and Regulation, generally limits inputs to the allowed materials under federal organic law, it provides for allowances for glyphosate by the Department of  Recreation and Parks. If signed by the Mayor, as expected, Baltimore City will become the most recent Maryland jurisdiction to exercise its authority to regulate pesticide use on private property, after a ruling of the state’s highest court. Language in the Baltimore ordinance tracks a similar framework to the Healthy Lawns Act passed in Montgomery County, Maryland. Any pesticide that is not compatible with organic land care—allowed under certified organic by the U.S. Department of Agriculture (USDA) or considered minimum risk by the U.S. Environmental Protection Agency (EPA)—is subject to the bill’s restrictions. Use can only occur under limited exceptions, such as to manage particularly invasive species, as well as health or economic threats. Bee-toxic […]

(Beyond Pesticides, September 9, 2020) Late last month the California legislature voted to ban, with limited exceptions, the use of highly toxic rat poisons. The California Ecosystems Protection Act of 2020, AB 1788, was passed after over a year of advocacy by groups and individuals concerned about the impact of second-generation anticoagulant rodenticides (SGAR) on state and local wildlife. Proponents of the legislation are advocating that lawmakers in other states follow California’s lead by passing similar legislation. The bill must be signed by Governor Gavin Newsom or allow the bill to become a law without his signature by September 30, 2020. The legislation hones in on the use of SGARs, specifically the chemicals brodifacoum, bromadiolone, difenacoum, and difethialone, which present significant hazards to non-target wildlife. Unlike the first generation of blood thinning rodenticides on the market (such as chlorophacinone, warfarin, and diphacinone, which present their own hazards), SGARs cannot be quickly excreted by the body and can deal a lethal dose to rodents in a single feeding. However, SGAR-poisoned rodents do not die immediately, and are often left lethargic and exposed to the elements. This makes them easy prey for birds and mammals. In California, SGARs gained considerable attention for […]

(Beyond Pesticides, August 25, 2020) The City of Gaithersburg, MD has chosen to opt-in to Montgomery County’s Healthy Lawns Act, restricting toxic pesticide use on public and private property. According to the local Patch, the mayor and City Council voted to adopt the law in mid-August, and it will take effect for all residents and businesses in city on December 1. Although Montgomery County passed the Healthy Lawns Act approximately five years ago, incorporated cities within the county are required to proactively opt-in to the law for it to apply within their jurisdiction. Gaithersburg is the latest, and largest city to opt-in to the county’s law, which encourages organic practices by limiting pesticide use on lawns and landscapes to products that are certified organic or considered minimum risk by the U.S. Environmental Protection Agency. In mid-June, the Town of Garrett Park also opted in to the law, according to reports. Advocates are advocating that all cities within Montgomery County adopt the law. The same group of grassroots advocates that pushed Montgomery County leaders to adopt its Healthy Lawns Act years ago is also leading the push for opt-ins. Safe Grow Montgomery, a group of concerned mothers and fathers working for […]

(Beyond Pesticides, June 25, 2020) Facing approximately 125,000 lawsuits on cancer caused by the weed killer Roundup™ (glyphosate), Bayer/Monsanto announced yesterday that it will pay up to $10.9 billion to resolve current and potential future litigation. According to Bayer, the settlement will “bring closure” to approximately 75% of current Roundup™ litigation. “The company will make a payment of $8.8 billion to $9.6 billion to resolve the current Roundup™ litigation, including an allowance expected to cover unresolved claims, and $1.25 billion to support a separate class agreement to address potential future litigation,” according to Bayer’s press release. At the same time the company announced a $400 million settlement with farmers whose crops have been damaged by the weed killer dicamba and $820 million for PCB water litigation. Bayer is a German multinational pharmaceutical and chemical company that purchased Monsanto for $63 billion in 2018. Bayer’s stock price increased by 2.5% after the news of the settlements. Bayer Settles, but Defends the Safety of Roundup™As expected, Bayer is not acknowledging any harm caused by glyphosate. According to chief executive officer of Bayer, Werner Baumann, “The decision to resolve the Roundup™ litigation enables us to focus fully on the critical supply of healthcare […]

(Beyond Pesticides, February 21, 2020) Last week in Minnesota, state Representative Jean Wagenius introduced measure H.F. 1255 that would give cities the opportunity to ban local use of bee-lethal pesticides. This is the latest in a series of attempts to fight state pesticide preemption, an industry-promoted law that prevents localities from restricting pesticide use more stringently than the state. In the face of inaction at the federal and state levels, advocates and legislators in Minnesota are attempting to regain local control to help save their declining, Midwestern pollinators. Representative Wagenius says about the measure, “Minnesotans should be able to protect pollinators if they want to. We value local control in this state, and we always have.” H.F. 1255 will allow cities to opt into a blanket ban of pesticides determined by the Environmental Protection Agency (EPA) to be hazardous to bees. Pesticides with an EPA bee-advisory box are listed on the state’s Department of Agriculture website and referred to as “bee-lethal” by Minnesota legislators. Patrick Hanlon, director of environmental programs for the city of Minneapolis, says cities would work with Department of Agriculture, businesses, and residents that might be impacted by these restrictions before enacting the bill. Local advocates have […]

(Beyond Pesticides, February 14, 2020) The weed killer dicamba has been blamed for killing or damaging millions of acres of non–genetically modified crops and other plants that have no protection against the compound. Litigation, legislation, and manufacturer machination abound as dicamba damage mounts. The trial in a suit filed in 2016 by a Missouri peach farmer against dicamba manufacturers Bayer and BASF has just begun; an Indiana state laboratory struggles to keep up with demand to evaluate dicamba damage; Idaho lawmakers are poised to weaken rules that protect farmworkers who apply dicamba (and other pesticides) aerially; agricultural officials in Missouri are pressuring the state legislature to increase funding to handle the exploding numbers of dicamba complaints; and Indiana’s legislature is considering two bills aimed at curtailing dicamba drift that kills neighboring crops. This Daily News Blog will round up the plethora of recent news on dicamba — the toxic and destructive culprit behind each of these stories. In the face of the U.S. Environmental Protection Agency’s (EPA) failure to mitigate dicamba hazards, states have been scrambling to enact limits on when and how dicamba can be used, amend buffer zones around application sites, and in some cases, ban its use outright. […]

(Beyond Pesticides, January 3, 2020) In a hard-earned win, the city of Malibu, California collaborated with the Coastal Commission to ban toxic pesticide use in their community. While the city had already voted to ban all toxic pesticides back in 2016, the state’s pesticide law preempts, or prohibits, a municipality from restricting private use of pesticides more stringently than the state. However, the Coastal Commission, as a state agency that establishes agreements with municipalities—known as a “Local Coastal Program” or “LCP”—circumvents the preemption issue. The  municipal agreement document codifies regulations that are set up between the Coastal Commission and a local jurisdiction. On December 9, 2019, Malibu City Council unanimously voted to amend Malibu LCP to ban the use of toxic pesticides. Many advocates gave passionate testimony at the voting session, including environmental experts and attorneys that spoke to the legality of the move and the legal protection from predicted pesticide industry backlash. Activist Joel Schulman of Poison Free Malibu said about the ban, “We’re basing our local coastal program amendment on what [unincorporated L.A.] County did in 2014.” That year, L.A. County and the Coastal Commission banned anticoagulant rodenticides and some toxic pesticides in the unincorporated Santa Monica Mountains […]

(Beyond Pesticides, October 4, 2019) A Circuit Court judge in Lincoln County, Oregon has overturned a hard-won ban on aerial spraying of pesticides, citing preemption of state law over any local ordinance. In her late-September decision, Judge Sheryl Bachart wrote that Oregon’s Pesticide Control Act “expressly and conclusively displaces any local ordinance regarding pesticide use. The intention of the legislature is apparent and unambiguous.” She noted in her opinion that the Oregon Revised Statutes (the codified laws of the state of Oregon), Chapter 634.057 “prohibits local governments from making any ordinance, rule or regulation governing pesticide sale or use.” Voters in the county approved the subject ban on the aerial spraying of pesticides (Measure 21-177) in 2017, the initiative having been spurred by the work of Lincoln County Community Rights (LCCR), a grassroots organization that “seeks to educate and empower people to exercise their right of local community self-government in matters that pertain to their fundamental rights, their natural environment, their quality of life, their health and their safety.” In its advocacy for the initiative, the group cited both the harm done by aerial pesticide spraying to people and ecosystems, and the injustice of laws — often drafted by corporations for approval […]