(Beyond Pesticides, July 3, 2018) Nearly ninety percent of public schools in Iowa are at risk of toxic pesticide drift, according to a team of investigative reporters based at the University of Northern Iowa (UNI). A study conducted by Science in the Media, a UNI project, found that 9 out of 10 schools are located within 2,000 feet of an agricultural field, a proximity at which the risk of toxic pesticide exposure increases significantly. While the results have attracted the interest of lawmakers, media reports indicate legislative champions of this issue are having a difficult time gaining support for more protective measures. According to the data gathered, 444,669 students and teachers are within close range of agricultural pesticide use. However, the reporters found public school employees generally unaware of the dangers or of any measures they could take.  “As a teacher, I don’t know if there is anything sent out or part of any orientation to students or their parents, or anything like that,” said Louis Beck, an agriculture teacher at Union High School in La Porte City, IA to IowaWatch. “I have not been made aware of any protocol that we are supposed to have.” Buffer zone laws and […]

(Beyond Pesticides, June 29, 2018) It is widely known that pollinators are in trouble. In light of this, Kroger (which includes numerous other grocery chains, like Harris Teeter) announced in a press release last week — during National Pollinator Week —  a phase-out by 2020 of live garden plants treated with the insecticides most closely associated with the decline of bee populations, the neonicotinoids. In May, Costco updated its pollinator policy, which “encourages” its suppliers of garden plants, fruits, and vegetables to limit the use of bee-toxic pesticides and adopt ecological practices. The company in 2016 announced a policy to encourage suppliers to change their pesticides. In a statement that has broad implications for pollinator and environmental protection, Kroger included the following statement about organic food in its press release: “Kroger also offers one of the largest organic produce departments in America, which is desirable for customers looking to minimize potential exposure to synthetic pesticides. Representing nearly 20 percent of America’s annual organic produce business, Kroger sales reached $1 billion in 2017. A dedicated procurement team partners with more than 300 organic produce growers and suppliers every year to bring customers a growing selection of organic fruits and vegetables.” Costco is also […]

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

(Beyond Pesticides, January 22, 2018) The organophosphate pesticides chlorpyrifos, malathion, and diazinon are likely to jeopardize the continued existence of endangered species and adversely modify their critical habitats, according to the newly released report from the National Marine Fisheries Service (NMFS). By law, the Environmental Protection Agency (EPA) must not allow their use. Tell EPA to ban chlorpyrifos, malathion, and diazinon unless it can restrict uses to protect endangered species. Under Section 7 of the Endangered Species Act (ESA), any agency action requires a finding that the action “is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat.” The December 31, 2017 Biological Opinion from NMFS followed an ecological assessment that relied upon multiple lines of evidence to determine effects on species and their designated habitats. These impacts include: • “the direct and indirect toxicity of each chemical to aquatic taxa groups (e.g., fish, mammals, invertebrates); • specific chemical characteristics of each pesticide (e.g., degradation rates, bioaccumulation rates, sorption affinities, etc.); • expected environmental concentrations calculated for generic aquatic habitats • authorized pesticide product labels; • maps showing the spatial overlap of listed species’ habitats with […]

(Beyond Pesticides, January 17, 2018) The organophosphate insecticides chlorpyrifos, malathion, and diazinon are likely to jeopardize the continued existence of endangered species and adversely modify their critical habitats, according to the newly released report from the National Marine Fisheries Service (NMFS). The insecticide cholorpyrifos, whose ban was rescinded by the Trump Administration last year, despite overwhelming evidence of neurological and brain damage to children, is once again being shown to be too toxic for continued use. Under Section 7 of the Endangered Species Act (ESA), any agency action requires a finding that it “is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat.” The December 31, 2017 Biological Opinion from NMFS followed an ecological assessment that relied upon multiple lines of evidence to determine effects to species and their designated habitats. These include “the direct and indirect toxicity of each chemical to aquatic taxa groups (e.g. fish, mammals, invertebrates); specific chemical characteristics of each pesticide (e.g. degradation rates, bioaccumulation rates, sorption affinities, etc.); expected environmental concentrations calculated for generic aquatic habitats; authorized pesticide product labels; maps showing the spatial overlap of listed species’ habitats with pesticide use areas; […]

(Beyond Pesticides, December 19, 2017) The U.S. Environmental Protection Agency (EPA) plans to revisit, and potentially weaken, rules passed in 2015 to  update farmworker protections from hazardous pesticides. Improvements to Agricultural Worker Protection Standards (AWPS) were proposed under the Obama Administration after over a 20-year delay. While certain provisions will go into effect next year, the Trump Administration and EPA Administrator Scott Pruitt will nonetheless propose new changes that are likely to significantly weaken safeguards for farmworker health. Health and farmworker groups are deriding the move as another signal that the current Administration is carrying out the orders of the pesticide industry. Most workers in the U.S. look to the Occupational Safety and Health Administration (OSHA) for  standards  to  protect  them from exposure to hazardous chemicals. However, farmworkers are not eligible for protection under these rules. Protection for farmworkers from pesticides is left to EPA’s authority under AWPS, a standard that is far less protective than OSHA. EPA announced in a press release that three aspects of the Obama-era AWPS would be revisited: i) a requirement that the farmworker be a minimum age of 18 to apply toxic pesticides; ii) a provision that establishes 25 to 100 ft ‘exclusion zones’ […]

(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 […]