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Take Action: Public Comment Needed on EPA’s Strategic Plan

Tuesday, June 22nd, 2010

(Beyond Pesticides, June 22, 2010) The U.S. Environmental Protection Agency (EPA) announced earlier this month that it is seeking public comment on its draft five-year strategic plan, which the agency says will help advance Administrator Lisa P. Jackson’s priorities and EPA’s overall mission to protect human health and the environment. Administrator Jackson’s seven priorities are; taking action on climate change, improving air quality, protecting Americas waters, cleaning up our communities, assuring the safety of chemicals, expanding the conversation on environmentalism and working for environmental justice, and building strong state and tribal partnerships. In accordance with the Government Performance and Results Act of 1993 (GPRA), EPA submitted the agency’s 2006-2011 Strategic Plan to Congress on September 29, 2006. Now, the agency is releasing its Draft FY 2011-2015 Strategic Plan for public review and comment through July 30, 2010. GPRA requires agencies to develop a five-year Strategic Plan for what they intend to accomplish, measure how well they are doing, make appropriate decisions based on the information they have gathered, and communicate information about their performance to Congress and to the public. It includes a mission statement and sets out long-term goals and objectives; Annual Performance Plans, which provide annual performance commitments […]

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Whole Foods Adopts Policy on Mislabeled “Organic” Personal Care Products

Monday, June 14th, 2010

(Beyond Pesticides, June 14, 2010) Whole Foods Market is setting a good example for other retailers to follow in protecting consumers from fraudulent “organic” claims on health and beauty products. The national grocery retailer of natural and organic products announced earlier this month that all cosmetic and personal care products sold at their stores with the word “organic” on the product label must comply with the U.S. Department of Agriculture (USDA) National Organic Program (NOP) or NSF 305 standards, meaning that the product must be third-party certified to USDA organic standards or front label “organic” claims must cease, according to the Organic Consumers Association. Thought the term “organic” on all products, whether for food or non-food items, meant that it was certified? That’s the law, but sometimes not the reality. The reality is that the USDA’s NOP requires certification for all “organic” claims on food products, but does not currently have similar certification requirements in place for non-food items. The new Whole Foods Market policy states, “We believe that the ‘organic’ claim used on personal care products should have very similar meaning to the ‘organic’ claim used on food products, which is currently regulated by the USDA’s National Organic Program. […]

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Indian Court Finds Eight Guilty for 1984 Union Carbide Gas Disaster

Tuesday, June 8th, 2010

(Beyond Pesticides, June 8, 2010) An Indian court in Bhopal, India, capital of Madhya Pradesh, found chemical company Union Carbide guilty of negligence and convicted eight former senior employees for their role in the world’s worst industrial disaster that killed thousands. The verdict came 25 years after the Union Carbide gas-leak and included a sentence that many victims of the accident protested was too light. According to Reuters, the defendants were charged with “death by negligence” and sentenced for two years in prison and a fine of 100,000 rupees ($2,175). The court also fined the former Indian unit of Union Carbide 500,000 rupees ($10,600). The Central Board of Investigation initially charged 12 defendants with culpable homicide, which would have carried a sentence of up to 10 years, but the Indian Supreme Court reduced these charges in 1996. Many victims and activists found the light sentence, “an insult”, and Sandhna Kamik of the Bhopal Gas Victims Struggle group protested, “Even with the guilty judgment, what does two years punishment mean? They will be able to appeal against the judgment in higher courts.” Survivors, relatives and activists gathered in protest with signs saying “hang the guilty” and “traitors of the nation” and […]

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EPA Proposes New Pesticide Discharge Permits

Friday, June 4th, 2010

(Beyond Pesticides, June 4, 2010) The U.S. Environmental Protection Agency (EPA) proposed new permit requirements for the discharge of pesticides into US waterways. EPA announced the public availability of a draft National Pollutant Discharge Elimination System (NPDES) General Permit for certain pesticide use patterns, also known as the Pesticides General Permit (PGP). The agency is accepting public comments until July 19, 2010. This action stems from a 2009 court decision in the case of the National Cotton Council et al. v. EPA, in which the 6th circuit court of appeals ruled that pesticide discharges into water are pollutants and require permitting under the Clean Water Act (CWA). This ruling overturned the Bush administration policy that exempted pesticides from regulation under the CWA, and instead applied the less stringent standards of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA). CWA uses a kind of health-based standard known as maximum contamination levels to protect waterways and requires permits when chemicals are directly deposited into rivers, lakes and streams, while FIFRA uses a highly subjective risk assessment that does not consider safer alternatives. EPA will issue permits in territories, Indian Country Lands, 6 states and the District of Columbia where the Agency is […]

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LEED-Certified Green Buildings Fail to Protect Human Health

Thursday, May 27th, 2010

(Beyond Pesticides, May 27, 2010) A new report showcases the pitfalls of the U.S. Green Building Council’s LEED certification program in regards to protecting human health from environmental hazards. The report, “LEED Certification: Where Energy Efficiency Collides With Human Health,” put out by Environment and Human Health, Inc. (EHHI), warns that the LEED certification gives a false impression of a healthy and safe building environment and offers recommendations for the program to become more protective of human health. EHHI found that LEED standards have been incorporated into many federal, state and local laws, and many other corporations and other institutions have adopted LEED standards as well. Although this has encouraged energy efficiency in buildings, according John Wargo, Ph.D., lead author of the study and professor of Risk Analysis and Environmental Policy at Yale University, it has been implemented without fully understanding that energy conservation efforts often reduce the exchange of indoor and outdoor air, which can cause synthetic chemicals to concentrate within buildings. “Tighter buildings often concentrate chemicals released from building materials, cleaning supplies, fuel combustion, pesticides and other hazardous substances,” he said. Energy efficiency is given a high priority over health. The report found that about four times as […]

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Dioxins from Triclosan Increasingly Found in Water

Thursday, May 20th, 2010

(Beyond Pesticides, May 20, 2010) Dioxins derived from the antibacterial agent triclosan account for an increasing proportion of total dioxins found in water: researchers at the University of Minnesota found that though levels of all other dioxins have dropped by 73-90% over the last thirty years, the levels of four different dioxins derived from triclosan have risen by 200-300%. The study, which was a collaborative effort between researchers at the University of Minnesota, Pace Analytical (Minneapolis), the Science Museum of Minnesota and Virginia Tech appears in the journal Environmental Science and Technology. Leading the research is the recent Ph.D. graduate in chemistry, Jeff Buth and supervisors William Arnold, a civil engineering professor, and his colleague Krostopher McNeill, all from University of Minnesota. Researchers looked at sediment core samples that contained pollution accumulation records from the past 50 years from Lake Pepin, a part of the Mississippi River 120 miles downstream from the Minneapolis-St. Paul metro area. The sediment samples were then analyzed for triclosan, the four dioxins that are derived from triclosan and the entire family of dioxin chemicals. In papers published in 2003 and 2009, Dr. Arnold and Dr. McNeill discovered that triclosan, when exposed to sunlight, generated a […]

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Evanston, IL Passes Pesticide Reduction Policy

Monday, May 17th, 2010

(Beyond Pesticides, May 17, 2010) The City of Evanston in Cook County, Illinois has passed a resolution to reduce pesticide use on City-owned and leased property (buildings and grounds) when the City Council unanimously adopted the “Sustainable Pest Control and Pesticide Reduction Policy” on April 26, 2010. The policy requires City employees, agents and contractors to follow natural lawn care and “least-toxic Integrated Pest Management” (IPM) and prohibits high hazards pesticides. It shouldn’t be too difficult for the City, as according to Evanston’s website, the City “has been applying minimal to no pesticides or insecticides in its municipal parks and on City owned properties since the early 1990s.” IPM is described in the policy as, “A pest management technique that gives preference to the safest pest control methods and uses conventional chemical pesticides only when no other feasible alternative exists. It addresses the underlying causes of pest problems, and seeks to find effective long-term solutions that emphasize prevention.” The City will hold a training session at least once every two years for managers and staff responsible for pest management on City property. All contractors engaged in pest management on City property are also required to attend the trainings or must […]

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Colorado Kids Rally Against Herbicide Use In Parks

Wednesday, May 12th, 2010

(Beyond Pesticides, May 12, 2010) Disturbed to learn that an advisory committee in his community in Boulder, Colorado had approved two new herbicides for use on city parks, a 9-year-old environmental activist organized a group of some two dozen children to protest the potential use of the herbicides in front of the Boulder County Courthouse last Friday. Xiuhtezcatl Roske-Martinez is a third grader who loves playing kickball and baseball in Boulder city parks. But then he heard that the advisory committee had approved two new herbicides for use on city parks. “I didn’t think it was right,” he said. “The children of this generation should be able to grow up without worrying about the air they’re breathing or the grass they’re playing on.” The Integrated Pest Management Subcommittee – made up of representatives of three city boards – recommended that Boulder add the herbicides, Tenacity and Barricade, to the list of allowed turf treatments. Xiuhtezcatl organized a group of some two dozen children to protest the potential use of the herbicides. They gathered Friday in front of the Boulder County Courthouse on the Pearl Street Mall waving hand-lettered signs that read “Let us play in clean parks,” “We love dandelions” […]

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IPM Policy and “Pesticide Free Zones” Gain Momentum in New Jersey

Monday, May 10th, 2010

(Beyond Pesticides, May 10, 2010) The environmentally friendly ladybug is alive and well in Ocean Township, New Jersey, thanks to a newly adopted Township resolution that declares parks, playgrounds, and fields as “Pesticide Free Zones;” requires Township property to be managed with Integrated Pest Management (IPM), a program that manages and prevents pests using environmental information, with a focus on non-chemical pest management methods and tools (sanitation, mechanical, biological and, as a last resort, “least toxic” chemicals) that are least likely to impact human health or the environment. The Township’s goal is to eliminate the use of pesticides, while encouraging citizens to do the same. According to Ray Pogwist, Chair of the Ocean Township Environmental Commission, the IPM policy for the township identifies key sensitive areas like the village parks to be managed without harmful chemical pesticides. These areas will be posted with a sign indicating that chemical pesticides have not been applied to the site. “Ocean Township’s action reinforces their commitment to protecting parks and open spaces and reducing its pesticide use,” said Jane Nogaki, program coordinator for NJ Environmental Federation (NJEF). “Since IPM is now the law on all New Jersey school grounds, it makes perfect sense to […]

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Triclosan Withdrawn as Food Contact Additive in Europe Following Action in U.S.

Thursday, May 6th, 2010

(Beyond Pesticides, May 6, 2010) The European Commission has announced that triclosan has been formally withdrawn from the European list for use as a food contact additive; however, plastic materials that are intended to come in contact with food and placed on the market before November 2010 may still be sold until November 2011. The decision follows the European Union’s 2009 regulations to impose limits on the amount of triclosan contained in cosmetics. Ciba, the Swiss-based company that is a subsidiary of BASF, announced last year that they had withdrawn the application of triclosan as a food contact additive so that they could instead focus their sales in the personal hygiene, health care and medical device sector. The company declared this to be a “strategic business decision” and declared that triclosan use as as an additive in plastics intended to come into contact with food was no longer “appropriate.” In the U.S. in 2009, Ciba requested a voluntarily cancellation of the registrations for the technical grade triclosan regulated by the U.S. Environmental Protection Agency (EPA) and incorporated into plastics and textiles. Ciba continues to market triclosan for medical and personal care products, which are regulated by the U.S. Food and […]

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Canada Bans Nanotechnology in Organics

Wednesday, May 5th, 2010

(Beyond Pesticides, May 5, 2010)

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Public Comments Needed: California Proposes to Register Hazardous Fumigant Methyl Iodide

Tuesday, May 4th, 2010

(Beyond Pesticides, May 4, 2010) On April 30, 2010, despite significant cancer and reproductive health risk, especially to farmworkers and people living near agricultural fields, the California Department of Pesticide Regulation (DPR) proposed the use of a new and highly toxic pesticide, methyl iodide, for widespread agricultural use in California. The U.S. Environmental Protection Agency (EPA) registered methyl iodide in 2007 as a replacement for the ozone-depleting pesticide, methyl bromide. Environmental and public health advocates believe that blocking methyl iodide registration in California will prevent its use elsewhere, since the state will account for the vast majority usage and profitability nationwide. Public comments may be sent to [email protected]. If registered, methyl iodide will be used primarily to fumigate and sterilize the California’s strawberry fields, although the pesticide will also be used in nurseries and nut tree production. DPR’s proposal does not require neighbor notification before use of this extremely toxic chemical. As evidenced by California’s thriving organic industry, alternatives to fumigants exist and are in use in California. In a hearing on February 8, 2010, before the California Senate Committee on Food and Agriculture, two panels of California growers and researchers discussed a number of safe and effective alternatives to […]

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Nanosilver Migrates Out of Fabric in Study

Monday, May 3rd, 2010

(Beyond Pesticides, May 3, 2010) Researchers have found that silver nanoparticles can migrate out of fabrics that have been treated with the particles for its antibacterial properties when it is exposed to simulated perspiration, raising concerns about human exposure to nanosilver through skin absorption. This is the first study to use artificial sweat to mimic the conditions of human skin, however it is not clear if the silver materials in sweat would be absorbed through human skin. Silver has long been used as an antiseptic to reduce bacterial growth on skin, however recent advances in nanoscience (the science and manipulation of chemical and biological materials with dimensions in the range from 1-100 nanometers) led to the development of silver nanoparticles. Due to their small size, these nanoparticles are able to invade bacteria and other microorganisms and kill them, and silver nanoparticles (or nanosilver) are now widely impregnated into a wide range of consumer products, including textiles such as socks, sportswear, underwear and bedding, vacuums, washing machines, toys, sunscreens, and a host of others. The researchers tested and compared eleven different fabrics for the study, “Determination of silver nanoparticle release from antibacterial fabrics into artificial sweat” in Particle and Fibre Toxicology […]

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Dow Chemical Named Top Earth Day Greenwasher

Friday, April 23rd, 2010

(Beyond Pesticides, April 23, 2010) In recognition of the 40th anniversary of Earth Day, the Dow Chemical Company is a proud sponsor of the Dow Live Earth Run for Water. Yes, that Dow Chemical Company. The same company that manufactures some of the most hazardous pesticides in the world, that was responsible for Agent Orange, and that is liable for the worst industrial disaster of all time is sponsoring what it calls the “largest solutions-based initiative aimed at solving the global water crisis in history.” The series of events held in various cities on April 18 consisted of 6 kilometer runs, concerts and “water education activities.” The Bravo TV network will broadcast a one hour special on Friday April 23 “offering audiences an inside look at the global event and its mission to help solve the world water crisis.” When Environmental Action planned the first Earth Day in 1970 at a cost of $125,000, it accepted no money from corporations. Some 20 million Americans from across the country participated in the day’s marches, demonstrations, lectures, workshops, and other events, making it one of the most successful political events in American History. Since that time, many companies have started making donations […]

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FDA Acknowledges Adverse Effects of Triclosan, U.S. Rep Urges Ban

Friday, April 9th, 2010

(Beyond Pesticides, April 9, 2010) U.S. Representative Edward J. Markey (D-Mass), Chairman of the Energy and Environment Subcommittee of the Energy and Commerce Committee, yesterday called for a ban on many applications of the antimicrobial chemical triclosan ””which is found in many consumer soaps and countless other products ranging from toys to lipstick. Rep. Markey called for the ban in conjunction with the release of correspondence from the Food and Drug Administration (FDA) and the Environmental Protection Agency (EPA) that raise serious concerns regarding the use of the chemical triclosan. In response to the FDA and EPA letters, Chairman Markey also announced plans to introduce legislation that will accelerate the evaluation and regulation of substances such as triclosan that may harm the human endocrine system. “Despite the fact that this chemical is found in everything from soaps to socks, there are many troubling questions about triclosan’s effectiveness and potentially harmful effects, especially for children,” said Chairman Markey. In January 2010, Chairman Markey sent letters of concern regarding triclosan to FDA and to EPA. In FDA’s response letter to Chairman Markey, the FDA stated that, “existing data raise valid concerns about the [health] effects of repetitive daily human exposure to these […]

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New Jersey Village Hopes to Ban Pesticides

Wednesday, April 7th, 2010

(Beyond Pesticides, April 7, 2010) Although the city stopped using chemical pesticides in much of its public spaces nearly four decades ago, village officials expect to pass a resolution prohibiting their use on public property, including parks, fields and playgrounds. The hope is that the local law, once publicized, will have a trickle-down effect on private property owners. “If we can do it, why can’t people do it on their own lawn?” the village president, Douglas Newman, asked last week. On April 1, at Meadowland Park, village officials and local and state environmentalists unveiled a sign featuring a ladybug that will soon be posted in the village’s 10 parks, fields and playgrounds. James McGowan, of the South Orange Environmental Commission, which is credited with spearheading the village’s initiative, said inorganic pesticides and their use still pose a danger. “There is some serious effects from these things,” he said. “People have good alternatives,” such as integrated pest management, which uses biological controls, such as plants that are resistant to common pests.” The village’s program, he said, “brings together a lot of environmental initiatives.” Eric Benson, canvass director for the New Jersey Environmental Federation, said the benefit of announcing the plan right […]

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Take Action: Major League Baseball Call-In Week, Tell Them to Go Green as the New Season Starts

Monday, April 5th, 2010

(Beyond Pesticides, April 5, 2010) Baseball should be green, not sending a toxic green message to homeowners. The first pitch of the new baseball season will be thrown this week under a cloud created by Major League Baseball’s (MLB) new partnership with Scotts Miracle-Gro, which promotes seed and treatment products that are unnecessarily chemical-intensive and undermines sound environmental principles. The partnership sends the wrong message to homeowners. The National Coalition for Pesticide-Free Lawns and its allies are asking individuals, as baseball season officially starts, to call or email Tim Brosnan, MLB Executive Vice President for Business, at 212-931-7800, ext. 7501, [email protected], and tell him there is serious concern regarding the partnership, both in the way MLB fields are being managed, and more importantly, with the message MLB is sending to homeowners that they should treat their lawns with the same toxic chemical products. Make your voice heard! The nationwide MLB season begins today. Call during MLB’s opening week, April 5 — 11, 2010. Background A coalition of 28 environmental groups sent a letter to MLB chastising its new alliance with the Scotts Company. Scotts introduced newly branded products, which it will promote with the logo of Major League Baseball, alongside […]

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Spring Planting Brings New Urgency to Atrazine Contamination

Friday, April 2nd, 2010

(Beyond Pesticides, April 2, 2010) On Monday, Tyrone Hayes PhD, researcher and professor at University of California Berkley gave a speech at Illinois State University urging the U.S. Environmental Protection Agency (EPA) to ban atrazine completely. Though atrazine has been the go to broad leaf weed killer for America’s corn growers since the 1950’s, evidence continues to build that atrazine is an unacceptable danger to humans and wildlife, and controversy continues as spring planting looms. In response to mounting scientific research, EPA announced last October it would review atrazine’s registration status, and last month announced plans to overhaul drinking water regulations regarding atrazine and numerous other chemicals known to harm human health. Dr. Hayes is one of the preeminent researchers on the effects of atrazine on amphibians. He compares the current loss of amphibians to the bird die-offs in the 1960’s due to DDT. The Journal Star who covered the event called the atrazine issue “one of the most contested environmental debates since PCBs were banned in the 1970s.” The debate has pitted concerned farmers, environmentalists, and human health advocates against conventional corn growers and atrazine manufacturer Syngenta. Syngenta, the Swiss chemical giant, is also facing litigation from several municipalities […]

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New Hampshire to Study Children’s Pesticide Exposure and Alternatives

Tuesday, March 16th, 2010

(Beyond Pesticides, March 16, 2010) The New Hampshire House of Representatives passed a measure last week to study the passage of a bill, HB 1456, that would establish a New Hampshire General Court committee to study the use of pesticides and their alternatives in areas where children may be exposed. Yes, that’s right; they passed a bill to study a study bill. The House majority committee proposed the interim study bill as an alternative to seeking a floor vote on HB 1456 itself because of the bill opponents’ view that the safety of pesticides is unquestionable and fear that HB 1456 would lead to a moratorium on lawn pesticides, much like what has been done throughout Canada. HB 1456 is the first state bill in the country to be successfully introduced and have a hearing with intent to restrict toxic pesticide use on public and private property, showing the momentum that is building throughout the country on this issue. At the House Environment and Agriculture Committee hearing on HB 1456 in February, the issue of studying the impact of pesticides, mainly herbicides, on children where they are commonly used in residential neighborhoods, on school grounds, playgrounds, and other places where […]

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Fields of Dreams Shattered with Baseball’s Endorsement of Chemical Lawn Care

Monday, March 15th, 2010

(Beyond Pesticides, March 15, 2010) A coalition of environmental groups is chastising in a letter to Major League Baseball its new alliance with Scotts Miracle-Gro because it says the chemical and seed company undermines sound environmental values by promoting turf management programs that are unnecessarily chemical-intensive. Scotts introduced newly branded products, which it will promote with the logo of Major League Baseball, alongside its chemical “weed and feed” and insecticide products. Weed and feed products contain herbicides and synthetic fertilizers that are tied to adverse health and environmental effects. In its letter to Major League Baseball, the coalition told officials that associating the organization with Scotts Miracle-Gro and allowing the company to use its name to promote a chemical-intensive philosophy to homeowners sends the wrong message —that toxic chemicals are necessary to have a beautiful green lawn. In fact, the coalition says homeowners are learning that turf can be managed effectively utilizing organic methods that are safer for children, families, and the environment. In this critical period of history when we are shifting to “green” practices around the home and in our communities, Major League Baseball can and should be an environmental leader, rather than advancing toxic products with well […]

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And the “Toxie” Goes to…

Friday, March 12th, 2010

(Beyond Pesticides, March 12, 2010) Over 40 million Americans watched Sandra Bullock and Jeff Bridges win the best actress and actor Oscars at the 82nd Academy Awards last Sunday. On Wednesday March 3rd, Californians for a Healthy and Green Economy (CHANGE) recognized the year’s bad actors, bad chemical actors that is, at the first ever “Toxies.” CHANGE is a coalition of environmental, policy, labor, interfaith and other organizations working to regulate toxic chemicals in the state of California. Held at the Egyptian Theater in Hollywood, the Red Carpet Event featured actors in character as various harmful chemicals. Toxies were awarded to the pesticides Triclosan and Methyl Iodide. The tongue-in-cheek award show was intended to bring awareness to the harmful effect that these chemicals have on human health and the environment. The timing coincides not only with the awards show season, but with the anticipated release of the final draft of regulations for California’s Green Chemistry Programs. The awards ceremony and accompanying report awarded Toxies to 16 bad chemical actors. The “winners” all affect human health and all have safer alternatives. The 2010 Toxie winners are: Worst Breakthrough Performance: Bisphenol A (BPA) Found in plastics BPA has been linked to breast […]

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Local Businesses Pledge to Stop Selling and Using Triclosan Products

Monday, March 8th, 2010

(Beyond Pesticides, March 8, 2010) Twenty local businesses and organizations around New Brunswick, New Jersey announced their commitment to not purchase, use or sell products that contain triclosan, an antimicrobial pesticide shown to pose risks to both human health and the environment. Last week, the national consumer advocacy group Food & Water Watch convened an event with the businesses and organizations as part of its “Wash Your Hands of Triclosan” campaign. Speakers additionally expressed support for a proposed Highland Park ordinance to ban the municipal purchase of products containing triclosan, which will be discussed at the Highland Park Board of Health’s meeting on March 11. The community support behind prohibiting triclosan products is a strong indication of an increasing public rejection of the chemical. Originally developed as an anti-bacterial agent for hospital settings, triclosan is widely found in many consumer and household products ranging from dish soaps and detergents to toothpastes, deodorants, and others. A known endocrine disruptor, triclosan has been linked to antibiotic resistance, and can affect male and female reproductive hormones, which could potentially increase risk for cancer. Due to its prevalence in so many products, triclosan is now showing up in many things, from human breast milk […]

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U.S. Supreme Court Lets Stand Pesticide Use Permitting to Protect Waterways

Friday, February 26th, 2010

(Beyond Pesticides, February 26, 2010) The U.S. Supreme Court refused Monday to review a U.S.Circuit Court decision in National Cotton Council (NCC) v. Environmental Protection Agency (EPA), upholding EPA’s authority to subject pesticide use to a permitting process under the Clean Water Act (CWA). In January of 2009, the 6th Circuit Court of Appeals upheld the ruling that commercial application of certain pesticides must be regulated under the Clean Water Act. EPA is now working to create a permitting system that complies with the ruling under the National Pollutant Discharge Elimination System (NPDES). This is one of three high profile cases the Supreme Court refused to hear involving industry challenges to government regulations. In the case of the Texas Water Development Board v. the Department of Interior, local government intended to build a reservoir in an area designated by the U.S. Fish and Wildlife Service (FWS) as a wildlife refuge. The U.S. 5th Circuit Court of Appeals found that the FWS did not violate the National Environmental Policy Act when it created the refuge, and so a reservoir cannot be constructed in that area. In the case of Rose Acre Farms Inc. v. the United States, an egg producer sued […]

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