(Beyond Pesticides, October 25, 2017) Oregon is the most recent site of an effort by a locality to establish more-protective pesticide regulations than are provided by the state. Voters in Lincoln County, on the north-central Oregon Coast, approved a ballot measure earlier this year that established a ban on aerial spraying of pesticides in the county. Immediately, county landowners Rex Capri and Wakefield Farms, LLC, both of whom use aerial spraying on their properties, filed a legal challenge to the ordinance created through that vote. The issue is whether the state of Oregon has the legal authority to stop its local political subdivisions from adopting more rigorous than those enacted by the state. When the state of Maine considered legislation to preempt its local jurisdictions (take away their authority to act) this summer, Beyond Pesticides wrote, “The democratic process is foundational to the culture of Maine and the country. LD 1505 betrays the democratic process. Maine communities want to be able to adopt standards that exceed or are more stringent than state standards as a matter of public health and environmental protection, or quality of life. Why would a town or city want to do use its local authority to adopt […]

(Beyond Pesticides, September 29, 2017) Protect polar bears and “big charismatic wildlife!”  But do not ignore the microscopic organisms essential to ecological sustainability. That is the take from a new study at University of California Berkeley, which, for the first time, links global climate change to the loss of a “shockingly high” number of critical microbial species essential to ecological systems, biodiversity, and organic land management. Other studies link chemical-intensive agriculture, and its reliance on petroleum-based substances, to adverse effects on soil organisms and insects and birds essential to ecological balance, while indicating the importance of organic management practices in protecting biodiversity and curtailing global climate change. As stated in the study, “Models predict that up to 30% of parasitic worms are committed to extinction, driven by a combination of direct and indirect pressures.”  Furthermore, for those species “successfully tracking climate change,” the search for food and water, in once unavailable habitat, will cause them to “invade” and to “replace” native plants and animals with “unpredictable ecological consequences.” Lead author of the study, Ph.D. candidate Colin Carlson, states that for symbiotic parasites, those with numerous beneficial roles, “a loss of suitable habitat” comes as a result of “host-driven coextinctions.” In an interview […]

(Beyond Pesticides, August 7, 2017) Help stop a dangerous plan hatched in New York to control a caterpillar in cabbage. Under the plan, up to 10,000 genetically engineered (GE) male diamondback moths (DBMs) will be released each week during the cabbage planting cycle (which runs about three to four months). According to USDA, “The males are genetically engineered with a lethal gene that they pass on to females when they mate.” Because of the widespread release, this plan –a first of its kind in food crops– will contaminate organic farms with genetically engineered material. And, this is all being done based on a cursory environmental assessment, without an in-depth environmental impact assessment. This is an issue that affects all of us –not just New Yorkers–because the moths do not respect state boundaries, and this action would set a precedent for other states. Inadequate Environmental Review Following a finding of no significant impact (FONSI) by USDA’s Animal and Plant Health Inspection Service (APHIS) on Cornell University’s proposed release, there is an urgent need to ensure that the state of New York addresses contamination issues that APHIS failed to consider. At the top of the list is possible contamination of organic crops, which […]

(Beyond Pesticides, June 12, 2017) Once again, there are reports that soybean and cotton fields are being damaged by off-site drift of the toxic herbicide dicamba. Last summer, farmers in Missouri, Arkansas, and Tennessee reported widespread crop damage from dicamba drift, which led to reduced yields. The U.S. Environmental Protection Agency (EPA) launched a criminal investigation at several Missouri locations into what they said was the illegal spraying of dicamba in October 2016. This year, reports of dicamba drift and damage are already being reported in Arkansas, and 25 formal complaints have already been filed, according to the state Plant Board. In summer 2016, illegal applications of dicamba damaged thousands of acres of soybeans, cotton, ornamental trees and fruits and vegetables. After numerous complaints, EPA launched a criminal investigation into the illegal spraying of dicamba, an investigation that is still ongoing. Many suspect that farmers who planted Roundup Ready 2 Xtend® and XTENDFLEX® Cotton, the new dicamba-tolerant genetically engineered (GE) seeds in the region, when faced with a proliferation of pigweed, illegally sprayed dicamba across their fields leading to drift and off-site crop damage to other farmers. This year, although it is too early to say how many acres have been affected or what specific […]

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

(Beyond Pesticides, January 27, 2016) Last week, farmers, environmentalists, and conservation groups filed a federal lawsuit that challenges the U.S. Environmental Protection Agency’s (EPA) approval of a new formulation of the toxic herbicide dicamba. The new formulation is called Xtendimax with Vapor Grip Technology, which is claimed to have lower volatility. The petitioners claim that EPA violated its duties under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) in issuing a conditional registration, and that it did not adhere to duties under the Endangered Species Act that require EPA to consult with the U.S. Fish and Wildlife Service to ensure registration would not harm any listed species. The organizations involved in the lawsuit are National Family Farm Coalition, Pesticide Action Network North America, Center for Food Safety, and Center for Biological Diversity, represented by legal counsel from Earthjustice and Center for Food Safety. Dicamba has caused a lot of controversy in the past. In August 2016, farmers in Missouri, Arkansas, and Tennessee confronted widespread crop damage and braced for lower yields as a result of agrichemical giant Monsanto’s botched roll-out of GE soybean and cotton crops. The company, whose current line of glyphosate-tolerant crops are failing to control weeds throughout […]

(Beyond Pesticides, January 5, 2017) Winegrowers in the Texas High Plains region are concerned that approval of new herbicides by the U.S. Environmental Protection Agency (EPA) will devastate their profitable industry due to chemical damage from pesticide drift. Wine producers in this region of Texas have witnessed chemical damage to their vineyards that they blame on the toxic herbicides, dicamba and 2,4-D, used on cereal crops and pastures on surrounding agricultural land. A new herbicide formulation containing dicamba, XtendiMax with VaporGrip Technology, was approved by EPA, and the agency has recently proposed to register and expand the use of Enlist Duo, a herbicide that contains 2,4-D. EPA’s final decision on registration of Enlist Duo is expected in early 2017. According to Paul Bonarrigo, owner of Messina Hof Winery in Texas, the “approval of these formulations will wind up affecting every vineyard up there.” This will have ramifications across Texas, as the wine industry contributed $1.88 billion to the state’s economy in 2013. Advocates say that the new herbicide formulations present unreasonable adverse risks to humans and the environment in addition to harming the livelihood of farmers. Following on these concerns, Garrett Irwin, owner of Cerro Santo vineyard, stated,“If we get […]

(Beyond Pesticides, January 4, 2017) The New Year saw its first pesticide-related tragedy yesterday when four children, ranging in age from 7-17, died from a toxic pesticide treatment on their house in Amarillo, Texas. The pesticide at issue, aluminum phosphide, was illegally applied under a mobile home where at least ten people were living. The chemical, classified by the U.S. Environmental Protection Agency (EPA) as a restricted use pesticide (RUP), is restricted for use by certified applicators (and those under their supervision) and it is a violation to use it within 100 feet of residential structures. CNN reports that a family member used water to try and wash away the pesticide after it was applied, and the combination of water and aluminum phosphide increased the release of toxic phosphine gas. The incident demonstrates the deficiency of managing risks of highly toxic chemicals by labeling them “restricted use.” It has been Beyond Pesticides’ position that chemicals with aluminum phosphide’s level of toxicity should not be available on the market, even with restrictions. In making regulatory determinations on pesticide allowances, advocates have urged EPA to calculate the reality of misuse and accidents, instead of assuming 100% compliance with product label instructions. With this approach, the agency would […]

(Beyond Pesticides, December 21, 2016) A California Department of Pesticide Regulation (DPR) report of all pesticide related illnesses in the state in 2014 identifies 1,685 cases “potentially involving health effects from pesticide exposure,” combining exposures from agricultural and non-agricultural use. Of the 798 cases associated with non-agricultural use, 18% of them (146 cases) involved exposure in children under 18 years old. The exposure rates are alarming, and only strengthen efforts by local activists in counties like Tulare to protect children from pesticide exposure. According to the report, Tulare County has the highest number of reported illnesses related to pesticide exposure at 78, followed by Santa Cruz County with 67. The report, Summary of Results from the California Pesticide Illness Surveillance Program 2014, provides a summary of illnesses identified by the Pesticide Illness Surveillance Program (PISP), a program under DPR. Of the 1,685 cases potentially involving health effects from pesticide exposure reported, DPR epidemiologists determined that 1,073 of those cases were “at least possibly associated” with pesticide exposure, representing a 5% decrease from 2013. However, even though the number of associated cases decreased in 2014, PISP did see a 14% rise in the number of associated episodes, defined as “an event in which a single source […]

(Beyond Pesticides, December 5, 2016) People across the country can support farmworker children and rural communities by speaking up in support of better protection of California school children from pesticide exposure by December 9, 2016. Send a  short email to the California Department of Pesticide Regulation (DPR) ([email protected]) to tell the Department it  must expand proposed buffers around schools to one-mile to protect school children during and after school hours, and expand the rule to cover all schools and daycare centers. Given that, according to the California Department of Food and Agriculture’s latest statistics, “Over a third of the country’s vegetables and two-thirds of the country’s fruits and nuts [and a large share of dairy and livestock] are grown in California,” everyone who eats food in the U.S. has a stake in protecting children who live in the communities where the food is grown. Food purchasing decisions have a direct impact on the people who work on farms, their children, and the communities where they live. Support the more than 75 parents, teachers and advocates for social and environmental justice who marched in Tulare County to DPR’s draft rules for pesticides use near schools last week. Led by members of […]

(Beyond Pesticides, December 2, 2016) Last week, the Arkansas Plant Board voted 12-0 to push measures that would ban or limit the use of certain forms of the toxic herbicide dicamba in the state. The hearing was called to address proposals that the board released for public comment on September 30, such as banning certain formulations of dicamba outright, creating restrictions on the time of year that other formulations of the herbicide can be used, and creating buffer zones in certain situations. This decision comes on the heels of a newly registered formulation of dicamba by the Environmental Protection Agency (EPA), and widespread reports of crop damage across the Midwest and Southeast due to the illegal use of dicamba before it was registered. According to DTN Progressive Farmer, the three-hour public meeting was packed with almost 200 people, and approximately 20 of those testified. The testimonies highlighted the disputes and tensions that have arisen over the use of dicamba, as many remembered and spoke about Mike Wallace, a farmer who was tragically murdered on October 27 during an argument with a fellow farmer in Missouri over the illegal use of the chemical and subsequent crop damage. “We’ve seen exactly what […]

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

(Beyond Pesticides, November 15, 2016) Last week, the U.S. Environmental Protection Agency (EPA) updated its assessment of the toxic organophosphate insecticide chlorpyrifos, keeping in place a decision made last year to revoke food residue tolerances and effectively eliminate its use in agriculture. The agency indicated the change was necessary after a Scientific Advisory Panel convened by the agency suggested additional data to support its decision. This change opens up a 60-day public comment period, but EPA has said that it will make a final decision no later than March 31, 2017. “The revised analyses indicate that expected residues of chlorpyrifos on food crops exceed the safety standard under the Federal Food, Drug, and Cosmetic Act (FFDCA),” EPA noted in its announcement.  “In addition, the majority of estimated drinking water exposures from currently registered uses, including water exposures from non-food uses, continue to exceed safe levels even taking into account more refined drinking water exposures. “ To explain the decision to the public, EPA has put together a FAQ page on its website. EPA’s proposal to revoke chlorpyrifos’ food tolerances stems from a petition and lawsuit filed by the Natural Resources Defense Council and Pesticide Action Network North American nearly ten […]

(Beyond Pesticides, October 26, 2016) The U.S. Environmental Protection Agency (EPA) has launched a criminal investigation at several locations in Missouri into the illegal spraying this summer of the herbicide dicamba. EPA’s investigation is ongoing and stems from widespread complaints of damage to various crops across Missouri and several other states in the Midwest and Southeast. Dicamba, a widely used herbicide, has had frequent problems with drift and subsequent crop injury. Many suspect that  farmers who planted the new dicamba-tolerant genetically engineered (GE) seeds in the region, when faced with a proliferation of pigweed this year, illegally sprayed dicamba across their fields, leading to drift and off-site crop damage to other farmers. While USDA has deregulated (approved) dicamba-tolerant crops, EPA is expected to but has not yet registered a formulations of dicamba for use on GE crops. Dicamba is highly volatile and prone to drift. In a statement to the Arkansas Democrat-Gazette, EPA’s Region 7 office said the Missouri Department of Agriculture received more than 100 complaints since June 22, 2016. The complaints allege damage to more than 41,000 acres of soybeans, and other crops including peaches, tomatoes, watermelons, cantaloupe, rice, purple-hull peas, peanuts, cotton and alfalfa; as well as […]

(Beyond Pesticides, October 3, 2016) On Friday, the California Department of Pesticide Regulation (CDPR) released a rule titled, Pesticide Use Near Schoolsites, that proposes limited restrictions for certain agricultural pesticide applications near schools and child day care facilities. CDPR, whose proposal  has been criticized by advocates as not adequately protective of workers and communities, is accepting public comments on the proposal until November 17, 2016. The  proposed rule, effective October 1, 2017, will require farmers to notify public schools and child day care facilities when “certain pesticide applications made for the production of an agricultural commodity near a school site are planned in the coming year and also a few days prior to the applications.” For pesticides applied via aircraft, airblast sprayer, sprinkler chemigation, and fumigation, there must be a minimum ¼  mile buffer around the school or child day care facility. While the move by CDPR is a step in the right direction, it is not rigorous enough and does not adequately protect the most vulnerable populations from pesticide exposure, according to advocates. The rule does not include private K-12 schools or family day care homes, a move that according to CDPR documents is due to the potential for […]

(Beyond Pesticides, August 14, 2016) According to recent reports, the illegal misuse of pesticides in Dubai has left ten people dead within the last year. The culprit? Domestic use of a pesticide containing highly toxic aluminum phosphide sold on the black market, touted as a way to fight bed bugs for low-income families that may not have the education level or means to research and pursue other options. While the government acknowledges a significant problem given the common occurrence of these  deaths, those in positions of power are admittedly at a loss when it comes to finding a solution, with some calling for a crack down on those selling the pesticides illegally, and others wanting to punish those that buy and use it. Regardless of the actions, elected officials decide to pursue, embracing organic pest management systems, as well as a robust education campaign, will be critical in curbing these deaths. Given the availability of greener, safer alternatives, Beyond Pesticides opposes any registration or allowance of phosphide fumigants and other highly toxic chemicals that can be easily misused. Phosphide fumigants, including aluminum phosphide, are known to be acutely toxic when ingested or inhaled. Symptoms of mild to moderate acute exposure […]

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

(Beyond Pesticides, June 27, 2016) A new report released last  week by the Organic Seed Alliance (OSA) found that the supply of organic seeds is not keeping up with the rising demand for organic products. The organic sector grew 11 percent between 2014 and 2015, with sales last year totaling $43 billion. The United States Department of Agriculture (USDA)’s National Organic Program (NOP) does require the use of organic seed when commercially available, but because the organic seed sector was almost nonexistent when the program began, it is still working to meet demand. In cases where organic seeds are not commercial available, organic farmers are allowed to turn to conventional seed alternatives. According to OSA’s State of Organic Seed report, funded by the Clif Bar Family Foundation’s Seed Matters Initiative, the UNFI Foundation, and New Belgium Brewing Company, the biggest organic operations actually use a relatively small amount of organic seed. They found that vegetable farmers that grow on less than ten acres use, on average, 75 percent organic seed, while growers that farm over 480 acres use only 20 percent organic seed. The authors of the report surveyed 1,365 organic farms, 16 seed companies, 46 researchers and 22 accredited […]

(Beyond Pesticides, June 6, 2016) Bayer CropScience’s appeal of the cancellation of their toxic pesticide flubendiamide by the U.S. Environmental Protection Agency (EPA) was rejected by EPA’s Chief Administrative Law Judge (ALJ) Susan Biro on Thursday, June 1. Judge Biro dismissed the complaints, saying that the agency was acting within its authority when it pulled its approval for the pesticide earlier this year after the two manufacturers, Bayer CropScience and Nichino America, failed to meet the terms laid out in a 2008 conditional registration. A startling number of pesticides, nearly 65% of the more than 16,000 pesticides now on the market, were first approved by the process of “conditional registration,” a loophole in which EPA allows new pesticides on the market without the full range of legally mandated toxicity tests for a full registration. Meanwhile, the Canadian Pest Management Regulatory Agency finalized its  decision to discontinue granting new conditional registrations, also on June 1. In 2008, EPA granted Bayer a “conditional” registration for flubendiamide, a classification that allows a new pesticide to be registered and used in the field, despite outstanding data points on its toxicological impact. In this case, original data submitted to EPA by Bayer showed concern over […]

(Beyond Pesticides April 20, 2016) A recently released study by the U.S. Government Accountability Office (GAO) assesses the actions of three government agencies responsible for regulating genetically engineered (GE) crops, finding several shortcomings in the process. The report, which was commissioned by U.S. Senator Jon Tester (D-MT), is entitled Genetically Engineered Crops:  USDA Needs to Enhance Oversight and better Understand Impacts of Unintended Mixing with Other Crops. The report finds that while the Environmental Protection Agency (EPA), Food and Drug Administration (FDA), and U.S. Department of Agriculture (USDA) have taken some steps to regulate GE crops, USDA’s failure to update its regulations that oversee GE crops has created a large data gap on the extent and impact of the unintended mixing of GE and non-GE crops. To address this, GAO recommends, among other things, that USDA set a timeline for updating its regulations and include farmer’s growing identity-preserved crops in its survey efforts to better understand the impacts of unintended mixing. The issue of coexistence between farmers using genetically engineered (GE) crops and non-GE farmers is as important as ever. GE crops pose a constant threat to the livelihood of organic farmers and undermine the burgeoning growth of the organic […]

(Beyond Pesticides, March 1, 2016) Under the terms of an agreement reached lasted month, the U.S. Fish and Wildlife Service (FWS) will begin studying the effects of four commonly used herbicides on the health of 1,500 endangered species in the United States. Based on the terms of the settlement, the result of a series of lawsuits launched by the Center for Biological Diversity (CBD), FWS must develop a  plan to mitigate the effects of glyphosate, atrazine, and its chemical cousins propazine and simazine, on any threatened or endangered species. “This agreement will result in long-overdue protections for our country’s most endangered species,” said Brett Hartl, endangered species policy director at CBD. “Once the Fish and Wildlife Service completes its analysis, and the public finally learns just how toxic and deadly these pesticides are to endangered species, we hope that the government will ultimately take most of these products off the shelf.” Under the Endangered Species Act (ESA), the Environmental Protection Agency (EPA) is required to consult with FWS and the National Marine Fisheries Service (NMFS) on the impacts of pesticides on endangered species when it registers a chemical under federal pesticide law (the Federal Insecticide Fungicide and Rodenticide Act, or […]

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

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