(Beyond Pesticides, August 19, 2016) A study published earlier this week has found that the increasing use of neonicotinoid (neonic) insecticides is correlated with a steep decline in butterfly health and reproductive success — as more neonics are used, butterflies are struggling to survive. This study adds to previous evidence that demonstrates, in addition to bees, neonics can cause serious harm to other important pollinators. The study, Increasing neonicotinoid use and the declining butterfly fauna of lowland California, looks at 67 species of butterfly fauna in the lowlands of Northern California at four sites that were  monitored for approximately 30-40 years. The sites include Suisun Marsh, West Sacramento, North Sacramento, and Rancho Cordova. While controlling for land use and other factors, the researchers found a correlation between butterfly population decline and increasing neonic applications, which also appeared to be more severe for smaller-bodied species. According to the researchers, the results suggest that neonics could influence non-target insect populations when applied nearby. This study contributes to the mounting evidence that neonicotinoid insecticides are linked to pollinator decline. Neonics have increasingly been the subject of studies that highlight a relationship between neonicotinoid exposure  and harmful effects to pollinators. These effects are being […]

(Beyond Pesticides, August 18, 2016)   Decline of wild bee populations is linked to the use of toxic, systemic neonicotinoid (neonic) pesticides used on oilseed rape (canola), according to new research done by a team of scientists at the Centre for Ecology and Hydrology in the United Kingdom. In addition to corn and soybeans, canola is one of the main crops treated with neonicotinoids worldwide. Neonic pesticides have long been identified as a major culprit in bee decline by independent scientists and beekeepers, yet chemical manufacturers like Bayer and Syngenta have focused on  other issues such as the varroa mite. As Beyond Pesticides put it in the spring 2014 issue of Pesticides and You, the issue of pollinator decline is No Longer a Big Mystery, and urgent action is needed now to protect pollinators from these toxic pesticides. Neonics are associated with decreased learning, foraging and navigational ability, as well as increased vulnerability to pathogens and parasites as a result of suppressed bee immune systems. In addition to toxicity to bees, pesticides like neonicotinoids have been shown to also adversely affect birds, aquatic organisms and contaminate soil and waterways, and overall biodiversity. The study, Impacts of neonicotinoid use on long-term […]

(Beyond Pesticides, August 12, 2016) A new study by a team of scientists at Virginia Tech finds that commonly used in-hive pesticides result in changes to the honey bee gut microbiome. The study, Honey bee gut microbiome is altered by in-hive pesticide exposures, was led by Virginia Tech associate professor of horticulture, Mark Williams, Ph.D., and colleagues from Oregon State University and North Carolina State University. This research, published several weeks ago in the journal Frontiers in Microbiology, aimed to determine the microbiome of honey bees (Apis mellifera) after being exposed to three common pesticides. Coumaphos and tau-fluvalinate, both common miticides used in conventional beekeeping, and chlorothalonil, a fungicide commonly detected in hives, were used as pesticide treatments in the study. While this  research contributes to the already established body of science on the complexity of pesticide exposure effects, beekeepers reported the steepest, and then sustained, declines in honey bee populations after the large  increase in  neonicotinoid pesticide  use in the early 2000’s. Beekeepers nationwide suffered  their highest hive losses of 44.1% in the last national survey from April 2015-2016. While it is likely that neonicotinoids are not the sole factor in pollinator decline, they have been found to exacerbate […]

(Beyond Pesticides, August 10, 2016) New research connects 78 pesticides commonly used by farmers with many adverse respiratory effects, including both allergic and non-allergic wheeze. The study, Pesticides Are Associated with Allergic and Non-Allergic Wheeze among Male Farmers, was led by NC State environmental epidemiologist, Jane Hoppin, ScD and colleagues from the National Institute of Environmental Health Sciences (NIEHS), the National Cancer Institute, Westat and the National Institute for Occupational Safety and Health (NIOSH). This is one of the most comprehensive evaluations of pesticides in relation to wheeze that has been evaluated to date, finding that several commonly used pesticides in both agriculture and residential settings can cause adverse respiratory effects. “Fifty-one of the pesticides we tested in this study had never been analyzed in terms of their effects on respiratory outcomes. And some of them, like glyphosate, 2,4-D and permethrin, aren’t just used on farms. They’re used residentially now to kill weeds or treat fleas on pets,” said Dr. Hoppin. “We believe it’s important information that will help people make decisions about pesticides.” Researchers used interview data from the 2005-2010 Agricultural Health Study (AHS) to assess the correlation between pesticide exposure and wheeze in male farmers. 22,134 farmers were […]

(Beyond Pesticides, August 10, 2016) In a letter, submitted by the Soil Association, leading bread producers and supermarkets in the United Kingdom (UK) are being urged to cease stocking and selling bread products that  contain traces of the herbicide glyphosate. Glyphosate, the active ingredient in Monsanto’s Roundup, has been classified as a probable human carcinogen by the World Health Organization (WHO) and is linked to numerous other environmental and human health concerns. Glyphosate residues have already been detected in bread, beer, and wine. The Soil Association, a UK organization that campaigns for healthy, humane and sustainable food, farming and land use, is concerned that glyphosate is used on crops immediately before harvest, and subsequently makes its way into food. According to the letter and a spokesperson for the group, “Using glyphosate, and glyphosate-based products, as a pre-harvest treatment is fundamentally wrong, and we are calling for an end to it with our campaign.  Wheat harvest will start in the next few weeks, and we are asking bread companies to act now and put a stop to glyphosate as a pre-harvest desiccant in their supply chains. The EU has just advised glyphosate use as a pre-harvest spray on food crops should […]

(Beyond Pesticides, August 9, 2016) Farmers in Missouri, Arkansas, and Tennessee are confronting widespread crop damage and bracing for lower yields as a result of agrichemical giant Monsanto’s botched roll-out of new genetically engineered soybean and cotton crops. The company, whose current line of glyphosate-tolerant crops are failing to control weeds throughout the U.S. and across the globe, developed a new line of soybean and cotton with traits that make it tolerate applications of an older herbicide dicamba. However, while its seeds are available for purchase on the market, and Monsanto is encouraging farmers to grow them, the company has yet to receive EPA regulatory approval for the dicamba herbicide meant to be used with the plants. A spate of news reports over the past two  months in southern soybean growing regions finds that many farmers are illegally applying off-label dicamba-based herbicides to Monsanto’s new GE crops in an effort to control weeds resistant to glyphosate. Use of this highly volatile herbicide is causing widespread crop damage not only to soybeans that don’t carry the resistance trait, but other crops in the region, including peaches, melons, and tomatoes. Dicamba has a strong propensity to volatilize small particles of the herbicide […]

(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, August 2, 2016) The Environmental Protection Agency’s (EPA) Environmental Appeals Board (EAB) has upheld an earlier ruling by EPA’s chief administrative law judge, Susan Biro, to cancel sales of the conditionally registered insecticide flubendiamide, produced by Bayer CropScience, which was conclusively found  to be highly toxic to freshwater wildlife after EPA allowed its use on 200 crops. The situation has left many questioning why the agency did not wait to register the product until it had complete data. The EAB disagreed with the Office of Pesticide Programs  and Judge Biro’s decision regarding existing stocks of the insecticide product, and ruled that farmers and other users, retailers, and distributors (not the manufacturers) will be allowed to use and sell existing supplies of the chemical. This controversy points to what health and environmental advocates cite as a fundamental flaw  in EPA’s pesticide registration review —the agency’s conditional pesticide registration process, which allows toxic pesticides  on the market without a complete and comprehensive assessment  of their  potential  harm””in this case to  wildlife and the vital ecosystem services they provide. Despite its agreement with EPA, Bayer said in March it would fight the EPA decision, which it appealed to the EAB. But, […]

(Beyond Pesticides, August  1, 2016) As expected, President Obama signed into law an amendment to S. 764, the National Bioengineered Food Disclosure Law, which establishes a national GMO (genetically modified  organisms or genetically engineered-GE) food labeling requirement that food safety advocates say may be deceptive, preempts states from adopting stronger label language and standards, and excludes a large portion of the population without special cell phone technology. Pushed by Senators Debbie Stabenow (D-MI) and Pat Roberts (R-KS), the law is being characterized by its supporters as a compromise, stronger than the original legislation, the Biotechnology Food Labeling and Uniformity Act (S.2621), which was dubbed the Deny Americans the Right to Know (DARK) Act. That bill failed to reach cloture in the Senate in March. The U.S. Department of Agriculture, a big supporter of genetically engineered food production, will have two years to develop the standard, during which time it will assess the question of equitable access to the disclosure of ingredients. This new law will invalidate a stronger GMO labeling law that took effect in Vermont on July 1. The law, signed by the President on July 29, does very little to ensure that consumers will actually be able to […]

(Beyond Pesticides July 25, 2016) The Oregon Department of Agriculture (ODA) last week issued 12 notices of statewide detainment and stop sale and removal orders for horticultural pesticide products that contain active ingredients not listed on the label. The orders call for the product manufacturers to immediately cease all sales, offers of sale, or other distribution in Oregon. This is the latest effort by a state with a legalized marijuana market to try to  curb the use of illegal pesticides in cannabis production, a practice that poses potential health threats to consumers, creating a regulatory challenge for state officials in states that have legalized marijuana for medicinal and or recreational purposes. Because the U.S. government classifies cannabis as a narcotic, the U.S. Environmental Protection (EPA) does not register pesticide products for use in its production, leaving consumers exposed to hazardous pesticides through inhalation, ingestion, and dermal absorption without any evaluation of potential health effects. The products in question are commonly used in horticulture and hydroponics, including cannabis production. The 12 notices cover 14 products sold in Oregon that were also identified by the Washington State Department of Agriculture (WSDA) in late June as containing undeclared pesticide active ingredients. In an […]

(Beyond Pesticides, July 21, 2016) An investigative report released yesterday by Center for Biological Diversity (CBD) concludes  that, over the past six years, the U.S. Environmental Protection Agency (EPA) has approved nearly 100 pesticide products with chemical mixtures that elevate the formulations’  toxicity, but are not specifically evaluated  by the agency. CBD finds that these formulations add  more stress to already-jeopardized pollinators and rare plants. The report Toxic Concoctions: How the EPA Ignores the Dangers of Pesticide Cocktails, highlights a long-running blind spot within EPA’s pesticide evaluation program, which Beyond Pesticides has long sounded the alarm on: the risk associated with combining mixtures of different pesticide active ingredients, which independent science shows may be more toxic than a single active ingredient by itself, also known as pesticide synergism. The mixtures occur as a result of multiple ingredients in individual products or  because of exposure to multiple pesticide product residues in food, air, water, and land areas, such as lawns, playing fields, and parks. “It’s alarming to see just how common it’s been for the EPA to ignore how these chemical mixtures might endanger the health of our environment,” said Nathan Donley, Ph.D., a scientist with the CBD, and author of […]

(Beyond Pesticides, July 20, 2016) Farmers and land managers across the U.S. are being encouraged to plant pollinator habitat adjacent to farmlands to provide shelter and food for pollinator species. But according to a new study published last week, these conservation areas still put bees at risk for pesticide contamination, as they fail to provide spatial or temporal relief. This study emphasizes that meaningful solutions to reversing pollinator decline does not lie with focusing on planting pollinator habitat, but ensuring that these refuge areas are free from pesticide contamination, highly toxic to bees and other pollinators, and reducing the reliance on toxic chemical inputs in agriculture and other landscapes. The study, “Neonicotinoid-contaminated pollinator strips adjacent to cropland reduce honey bee nutritional status,” finds that pollinator habitat adjacent to agricultural areas not only becomes a source for pesticide, especially neonicotinoid, exposures, but also poses significant risk to honey bees. The authors, Christina Mogren, PhD, and former USDA entomologist, Jonathan Lundgren, PhD, initially sought to study whether increasing forage by planting pollinator habitat in an agricultural-dominated region would serve to buffer against the harmful effects of plant-incorporated pesticides. However, the authors note that it soon became apparent that the unintended consequence was […]

(Beyond Pesticides July 18, 2016) A  review of the scientific literature links  glyphosate, one of the most popular weed killers in the U.S. and the active ingredient in Roundup, to a wide range of diseases through a mechanism that modifies DNA functioning, adding a new even more troubling dimension to the herbicide’s cancer classification by the International Agency for Research on Cancer. According to the most recent review, Glyphosate pathways to modern disease V: Amino acid analogue of glycine in diverse proteins, conducted by independent scientists Anthony Samsel, Ph.D. and Stephanie Seneff, Ph.D., a scientist at Massachusetts Institute of Technology (MIT), glyphosate acts as a glycine analogue that  incorporates into peptides during protein synthesis. In this process, it alters a number of proteins that depend on conserved glycine for proper function. According to the authors, glyphosate substitution for glycine correlates with  several diseases, including diabetes, obesity, asthma, Alzheimer’s disease, amyotrophic lateral sclerosis (ALS), and Parkinson’s disease, among others. Glycine, the smallest amino acid commonly found in proteins, has unique properties that support flexibility and the ability to anchor to the plasma membrane or the cytoskeleton.  This new direct biological evidence, taken together with correlational data, make a compelling case that […]

(Beyond Pesticides, July 15, 2016) A toxic algae bloom that has expanded throughout Florida’s largest freshwater body, Lake Okeechobee, and around south Florida beaches, has created vast problems for residents, compelling Governor Rick Scott to declare an environmental state of emergency.  However, the Governor’s  declaration fails to address the root of the problem””including the extreme levels of nutrient buildup and the dangerous amount of phosphorous and nitrogen found in the water, caused by excess fertilization runoff from both chemically-intensive agricultural and residential sources. Instead, Gov. Scott has placed blame on the federal government due to their lack of proper maintenance on the Herbert Hoover Dike, which prevents Lake Okeechobee from overflowing into nearby water sources. While this is certainly problematic, the crux of the issue stems from the polluted water itself, which allows bacteria to grow swiftly when nutrients like phosphorus and nitrogen are abundant. “We just are putting way too much nitrogen and phosphorus into our natural waters, and they respond,” Florida Atlantic University research professor, Bill Louda, Ph.D. told CBS news. A few weeks ago, the U.S. Army Corps of Engineers, Jacksonville District, as a means of flood prevention,  released  the lake’s water  into local canals  with a […]

(Beyond Pesticides, July 7, 2016) Despite an outpouring of letters, calls and protests, in a key procedural vote yesterday, the Senate voted to deny Americans the right to know what is in in their food products, and to preempt states’ rights to create their own genetically engineered food labeling laws. In a cloture vote of 65-32, the highly-flawed genetically engineered (GE or GMO) labeling bill, S.B. 764, offered by Senators Debbie Stabenow (D-MI) and Pat Roberts (R-KY), also known as the Deny Americans the Right to Know (DARK) Act, passed through the Senate. This “compromise” bill allows producers to use QR codes and “smart labels” instead of clear, on-package labeling of food products that contain genetically modified organisms, which means that consumers will need to use a smart phone for the information. The bill also exempts major portions of current and future GE foods from being labeled, and, in an affront against democracy, preempts the genetically engineered food labeling laws in Vermont (which went into effect July 1), Connecticut, Maine and Alaska. “The American people have a right to know what they’re eating,” said Senator Bernie Sanders (I-VT), who vowed to put a hold on the bill if they didn’t […]

(Beyond Pesticides, June 29, 2016) A new report published by Regeneration Vermont finds that herbicide and chemical fertilizer use on Vermont dairy farms nearly doubled from 2002 to 2012, increasing from 1.54 to 3.01 pounds of herbicide per acre, respectively. The report, Vermont’s GMO Legacy: Pesticides, Polluted Water & Climate Destruction, by Will Allen, Ph.D. of Regeneration Vermont and Cedar Circle Farm, focuses on the failed promises of genetically engineered (GE, or GMO) crops to reduce chemical inputs required for crop production. While Vermont leads the nation on the GE labeling front, with its  law set to go into effect on July 1, the report, which highlights the flawed exemption on dairy and meat products, is a sobering reminder that this is only a part of the solution to the effects of GE crops and chemical-intensive agriculture. “While the law will force mainstream food corporations to label GMOs in products like Cheetos and Spaghetti-os before coming into the state, it turns a blind eye to the GMO-derived dairy that is the primary ingredient in, for example, Ben & Jerry’s ice cream and Cabot’s cheddar cheese,” says Dr. Allen. “This is about more than the consumer’s right to know. It’s also […]

(Beyond Pesticides, June 28, 2016) In an effort to block the impending implementation of Vermont’s genetically engineered (GE) food labeling law, Senators Debbie Stabenow (D-MO) and Pat Roberts (R-KS) have struck a deal aimed at continuing to keep consumers in the dark about the ingredients in the food they eat. Vermont’s law, signed on May 8, 2014 by Governor Peter Shumlin (D), is set to go into effect on July 1, 2016. After the state defeated a legal challenge brought by the Grocery Manufacturers of American and other industrial food companies, opponents pivoted their efforts to Congress, where they pushed for the so-called DARK (Denying Americans the Right to Know) Act, which would have codified a voluntary labeling system nationwide and preempted Vermont’s law. The DARK Act was passed through the House, yet failed to secure enough votes in the Senate. Despite Senator Stabenow voting against the DARK Act earlier this year, she has now reached a DARK deal that, in effect, would continue to deny Americans important information about the presence of genetically engineered ingredients in the food we eat. While proponents this DARK deal say it will require a mandatory national labeling scheme, the Senate bill includes no […]

(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 23, 2016) A truck full of dead bees made its final stop yesterday at a rally outside the headquarters of the U.S. Environmental Protection Agency (EPA), culminating a coast-to-coast tour to raise awareness about recent massive declines in pollinators. While the millions of dead bees stayed on the truck, advocates and beekeepers, including Beyond Pesticides, delivered over 4 million signatures urging an immediate ban on bee-killing pesticides. “In the five years since I started keeping bees, I’ve seen many hives killed by pesticides,” said James Cook, a Minnesota-based beekeeper who has been driving the truck across the country since last Monday. “If some fundamental things don’t change, it’s going to be really hard for beekeepers to adapt to the environment around us.” Bees pollinate most of the world’s most common crops, including summer favorites like peaches and watermelon. But over 40 percent of U.S. honeybee hives die each year, costing the farming and beekeeping industry more than $2 billion annually. The most significant culprit in the bee die-off is the widely-used class of pesticides called neonicotinoids, or neonics. Last spring EPA began a process to assess four types of neonics and their impacts on pollinators. In January […]

(Beyond Pesticides, June 16, 2016) New research links county-level economic health to agriculture, and finds that organic food and crop production, along with the business activities accompanying organic agriculture, creates real and long-lasting regional economic opportunities. The recently completed White Paper, U.S. Organic Hotspots and their Benefit to Local Economies, was prepared for the Organic Trade Association (OTA) by Penn State Agricultural Economist Edward Jaenicke, Ph.D. It finds organic hotspots —counties with high levels of organic agricultural activity whose neighboring counties also have high organic activity— boost median household incomes by an average of $2,000 and reduce poverty levels by an average of 1.3 percentage points. The research highlights the success of organic agriculture and demonstrates, yet again, that organic agriculture can and must feed the world. “This research systematically investigates the economic impacts of organic agriculture,” noted Dr. Jaenicke. “Its important findings show that organic contributes to the economic health of local economies. The growing market interest in organic agriculture can be leveraged into effective policy for economic development.” The White Paper summarizes and discusses three research papers that investigate organic agriculture hotspots in the U.S. and systematically assesses the impact of organic agriculture on local economies. It identifies […]

(Beyond Pesticides, June 10, 2016) A proposal for a temporary ‘technical extension’ of the EU approval of the herbicide glyphosate failed to secure the support of a majority of EU governments at a meeting of the EU standing committee on plants, animals, food and feed on Monday. This action may force the withdrawal of the herbicide, widely sold as Monsanto’s Roundup, from shelves if no decision is reached by the end of the month, when its license expires. After a proposal to renew the license for glyphosate for up to 15 years failed to win support in two meetings earlier this year, the EU executive offered a limited 12 to 18 month extension to allow time for further scientific study. Yet, despite this compromise, the proposal failed to win the support of member states representing at least 65% of the EU’s population, which is needed for adoption, an EU official told The Guardian. Seven member states abstained from Monday’s vote, 20 backed the proposal and one voted against, a German environment ministry spokeswoman said. According to the news source, Germany was among those that abstained from Monday’s vote. Of note is that Bayer, the German chemical company, recently offered to […]

(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, June 3, 2016) Despite recent reports of continuing bee losses across the U.S., the U.S. Environmental Protection Agency (EPA) has announced plans to reevaluate the use of the bee-toxic insecticide sulfoxaflor, and is proposing an amended registration. Sulfoxaflor’s initial 2013 registration was challenged by beekeepers and subsequently vacated by the Ninth Circuit Court of Appeals due to overwhelming risks to bees and EPA’s inadequate review of the data. Last September, the  Ninth Circuit Court of Appeals unequivocally rejected  EPA’s registration of sulfoxaflor. The Court concluded that EPA violated federal law when it approved sulfoxaflor without reliable studies regarding the impact that the insecticide may  have on honey bee colonies. The Court vacated EPA’s unconditional registration of the chemical, meaning that sulfoxaflor could no longer be used in the U.S. This decision was in response to a suit filed by beekeepers challenging EPA’s initial registration of sulfoxaflor, which cited the insecticide’s threat to bees and beekeeping. The case:  Pollinator Stewardship Council, American Honey Producers Association, National Honey Bee Advisory Board, American Beekeeping Federation, Thomas Smith, Bret Adee, Jeff Anderson v. U.S. EPA  (9th Circuit U.S. Court of Appeals,”¯No. 13-7234) According to the court decision, EPA skirted its own regulations […]