(Beyond Pesticides, July 3, 2014) It was predictable that genetically engineered (GE) cotton sprayed with the weedkiller glyphosate (Roundup) would create resistant superweeds. Now that it has, Texas GE cotton growers recently requested an emergency use of a chemical cousin to atrazine, the herbicide that is demasculinizing frogs by disrupting the endocrine system— on 3 million acres of cotton fields where the weeds have become resistant to the chemical of choice —glyphosate. Stop the GE Pesticide Treadmill! Use Beyond Pesticides’ sample comments for guidance. Help stop the GE treadmill and the use of hazardous pesticides. Join Beyond Pesticides in fighting this predictable “emergency” use because it exemplifies EPA’s practice of allowing increasing dependency on highly toxic pesticides in agricultural systems that are predictably unsustainable, harmful to people and the environment, and for which there are safe alternatives.  This situation is the same toxic treadmill and thinking that is ushering in new 2,4-D-tolerant corn to replace Roundup Ready corn. Emergency exemptions and the use of increasingly toxic herbicides must not be the norm for communities and our environment. Can you help us stop EPA from propping up the failed GE agricultural system?  Submit your comment by midnight July 3. Government does […]

(Beyond Pesticides,  June 27, 2014) The Environmental Protection Agency (EPA) is considering a  request  by Texas regulators to allow the use of a controversial herbicide, propazine, to battle Palmer amaranth, a glyphosate-resistant “super weed” that has been plaguing growers of genetically engineered (GE) herbicide-tolerant cotton in the state. Propazine, an active ingredient in Milo-Pro, would be sprayed on up to 3 million acres, which amounts to approximately half of the state’s estimated crop acreage for this season. As currently proposed, the maximum amount of product to be applied would be 70,314 gallons. The Texas Department of Agriculture, on behalf of  chemical-intensive GE cotton growers,  asked EPA last month for an exemption to permit growers to spray fields with the herbicide this summer in order to control this highly invasive plant, also known as pigweed. Pigweed can grow up to 3 inches a day and is one of many plant species that has developed a resistance to  glyphosate, a systemic herbicide found in Roundup that has become one of the most widely used pesticides on the market.  Public comments are due by July 3, 2014. The occurrence of super weeds coincides strongly with the use of toxic herbicides on genetically engineered […]

(Beyond Pesticides, June 25, 2014) Following last week’s celebration of “National Pollinator Week” and a presidential memorandum mandating federal action on bees, the first wide-scale scientific analysis has been released that links  two classes of pesticides  to declining bee populations. Twenty-nine scientists representing many disciplines reviewed over 800 peer-reviewed publications  on the impacts of systemic pesticides, and are recommending  more restrictions on neonicotinoid pesticides. This report is the single most comprehensive study of  neonicotinoids ever  undertaken. The “Worldwide Integrated Assessment (WIA)” ”” undertaken by the Task Force on Systemic Pesticides ”” documents significant harms to bees and ecosystems. While some aspects of this report have been broadly acknowledged  before (e.g. risks to honey bees), some, including risks to earthworms, birds and aquatic invertebrates, have not. The analysis focuses not only on impacts to particular  organisms and habitats, but also on  biodiversity and ecosystem impacts, taking a holistic view of pesticide effects. The scientists are calling for new, dramatic restrictions on bee-harming pesticides in the United States and beyond. The report  finds that the current regulatory system has failed to consider the full  range of pesticide effects. “This report should be a final wake up call for American regulators who have […]

(Beyond Pesticides, June 24, 2014) Research from the University of California, Davis CHARGE (Childhood Autism Risks from Genetics and the Environment) study finds that pregnant women who lived within a mile of agricultural fields treated with insecticides are more likely to have their child develop autism. The results of the CHARGE study, published in Environmental Health Perspectives, strengthens calls from public health and environmental groups urging regulators take a precautionary approach to agricultural chemicals and institute increased protections for those who live, work, or go to school near pesticide-treated fields. The CHARGE study looked at pregnant women’s addresses to determine their location relative to fields treated with pesticides. For women who lived less than one mile from crops sprayed with organophosphate insecticides during their pregnancy, researchers found the likelihood of their child being diagnosed with autism increased 60%. Women in the second trimester living near fields treated with chlorpyrifos, a widely used organophosphate insecticide banned for household use in 2001, are 3.3 times more likely to have their children diagnosed with autism. In response to a legal petition, the U.S. Environmental Protection Agency (EPA) in 2012 instituted risk mitigation measures for chlorpyrifos, including reduced application rates and no-spray buffer zones […]

(Beyond Pesticides, June 23, 2014) During the close of National Pollinator Week, the White House issued a Presidential Memorandum on pollinator health to the heads of federal agencies requiring action to “reverse pollinator losses and help restore populations to healthy levels.” The President is directing agencies to establish a Pollinator Health Task Force, and to develop a National Pollinator Health Strategy, including a Pollinator Research Action Plan. Beyond Pesticides applauds this announcement and action that recognizes and elevates the plight of pollinators in the U.S. Download the Press Release. Friday, June 20, 2014, President Barack Obama signed a Presidential Memorandum that recognizes the severe losses in the populations of the nation’s pollinators, including honey bees, wild bees, monarch butterflies, and others. In accordance with these losses and acknowledging the importance pollinators have to the agricultural economy, the Memorandum directs federal agencies to establish a Pollinator Health Task Force, to be chaired by U.S. Department of Agriculture (USDA), develop a pollinator health strategy within 180 days, and support and create pollinator habitat. This federal strategy will include a pollinator research action plan, with a focus on preventing and recovering from pollinator losses, including studying how various stressors, like pesticides, pathogens, and […]

Beyond Pesticides, May 30, 2014) This week, a group of concerned mothers and environmentalists met with U.S. Environmental Protection Agency (EPA) officials  to discuss a recent pilot study that detected glyphosate residues in breast milk. Organized by Mom’s Across of America, which is seeking to stop the sale and use of glyphosate, the meeting  underscored the limitations of EPA’s pesticide registration program in addressing  the real-life impacts of pesticides on children and the concerns of mothers surrounding the dangers of glyphosate in particular.  Glyphosate, the active ingredient in the herbicide Roundup, is the most widely applied herbicide in the U.S., with uses ranging from genetically engineered (GE) crops to lawn turf. The meeting with Moms Across America, Beyond Pesticides, Consumes Union, Organic Consumers Association,  other groups  and EPA came after Mom’s Across America’s five-day phone call campaign urging EPA to recall Roundup. Participants in the campaign made close to 10,000 calls to the agency. The pilot study, supported by Moms Across America, looked at ten breast-milk samples from across America. Three of the ten breast milk samples tests reveal high levels of glyphosate, meaning that the amount of glyphosate found is between 76 ug/l to 166 ug/l. The highest glyphosate […]

(Beyond Pesticides, May 28, 2014) A statewide pilot pesticide sampling project has found over 20 different types of pesticides in Hawaiian waterways, some of which are no longer registered for use in Hawaii. State officials believe the pesticides, many detected in urban areas, are from residential and golf course applications. These preliminary findings help highlight the need for local oversight of pesticide use, currently a controversial issue in the state. Conducted in partnership with the Hawaiian Department of Agriculture, the U.S. Geological Survey (USGS) and the Hawaiian Department of Health, the survey-study finds herbicides like glyphosate (Roundup) and atrazine, as well as a fungicide that is no longer registered for use in the state, contaminating the state’s waterways. The study measured pesticides in surface waters and in sediment at multiple locations in Hawaii. 25 herbicides, 11 insecticides and 6 fungicides were detected, with atrazine the most commonly found. This pilot survey responds to growing community concerns about the impacts of pesticides on local communities and ecosystems, and provides preliminary information on pesticide residues in state waterways. Recently, Kauai County passed an ordinance —Ordinance 960—  that requires public disclosure of pesticides used and the location of genetically engineered (GE) crops, as […]

(Beyond Pesticides, May 13, 2014) After pressure from environmental organizations, the U.S. Fish and Wildlife Service (FWS) dropped plans to spray the synthetic insecticide methoprene in favor of a biological control material  to kill mosquitoes breeding on a national wildlife refuge on the southern Oregon Coast. Several states have banned methoprene due to the chemical’s environmental impacts. The unfolding of this decision illustrates that least-toxic alternatives to manage mosquitos are effective and much safer for the environment. A major restoration at the Bandon Marsh National Wildlife Refuge in 2011 inadvertently created a number of shallow water pools, a perfect habitat for mosquito larvae. Unprecedented swarms of mosquitoes appeared last year, which drove away campers from Bullards Beach State Park and harassed golfers at local courses. FWS did not take into account that this restoration project could create mosquito habitat and initially released a plan to manage mosquitos with methoprene and mineral oil. The insect conservation group Xerces Society, the Center for Food Safety, and others urged the agency to reconsider, arguing the pesticides were a threat to the food chain and the mosquitoes, Aedes dorsalis, did not spread human diseases such as West Nile virus. In a supplemental environmental assessment […]

(Beyond Pesticides, May 8, 2014) – Two citizen groups have taken the initial step toward debunking chemical-industry claims that glyphosate, the world’s most widely-used herbicide, does not bioaccumulate or metabolize in humans. The pilot study, conducted by Moms Across America and Sustainable Pulse, looked at ten breast-milk samples and 35 urine samples from across America and 21 drinking water samples. The groups commissioned Microbe Inotech Labs to conduct the analysis, and what they found raises some serious questions about the prevalence and persistence of glyphosate. In breast milk, three of the ten samples tested reveal high levels of glyphosate, meaning that the amount of glyphosate found  is between 76 ug/l to 166 ug/l. The highest glyphosate level detected in a mother is from Florida (166 ug/l) and the other two mothers with “positive” results are from Virginia (76 ug/l) and Oregon (99 ug/l). While these levels fall under the U.S. Environmental Protection Agency (EPA) drinking water maximum contaminant level (MCL) of 700 ug/l, across the pond in Europe this range of exposure is 1,000 higher than what is deemed safe. From the 35 urine samples received from across the U.S., 13 samples are above the minimum detectable level. The three […]

(Beyond Pesticides, May 7, 2014) A new report from the California Department of Public Health finds 36 percent of public schools in the state have pesticides of public health concern applied within a quarter mile of the school. Persistent and toxic pesticides like chlorpyrifos, methyl bromide, and malathion are among the pesticides found to be applied near schools. The report also finds that Latino children are also more likely to attend schools near areas with the highest use of pesticides of concern. The report, “Agricultural Pesticide Use near Public Schools In California,” released this month, looked at 2,511 schools in the 15 California counties with the highest overall use of farm pesticides in California for 2010, and finds that counties in the southern part of the Central Valley had the most schools near farms where pesticides were applied. Fresno County had the highest number of schools —131 — with pesticides applied nearby. Five percent of schools are within a quarter mile of where the highest volumes of pesticides are used: 2,635—28,979 pounds of active ingredient. Latino children are 46 percent more likely than white children to attend schools where pesticides of concern were applied nearby. The report’s findings are being […]

(Beyond Pesticides, March 18, 2014) The U.S. Environmental Protection Agency (EPA) announced Friday that it has reached agreement with two major pet product companies to cancel flea and tick pet collars containing the insecticide  propoxur. The agreement, with a long phase-out period,  was reached between the agency and the two companies as a result of EPA’s risk assessment in fall 2013, which found unacceptable risks to children from exposure to pet collars containing propoxur. The agency found that children were exposed to propoxur pet collars on the first day following application. Flea and tick collars work by leaving a pesticide residue on dogs’ and cats’ fur, which can be transferred to people by hugging, petting, or coming into contact with the pets. The major source of exposure to these chemicals is from absorption through the skin after directly touching the treated pet. Small children may ingest pesticide residues when they touch a treated cat or dog and subsequently put their hands in their mouth. Under the cancellation agreement, Sergeant’s Pet Care Products, Inc. and Wellmark International will have until April 1, 2015 to continue producing the pet products containing propoxur under the trade names Bansect, Sentry, Zodiac and Biospot, and […]

(Beyond Pesticides, February 13, 2014) French scientists from the University of Caen have revealed one more layer of the myth behind so-called “inert” ingredients in pesticides, concluding that pesticide risk assessments that focus exclusively on active ingredients substantially underestimate the potential hazards of the product as a whole. The findings in Major pesticides are more toxic to human cells than their declared active principles indicate that inert ingredients in pesticides can magnify the effects of active ingredients, sometimes as much as 1,000-fold. In conducting their study, Robin Mesnage,  Ph.D.  and  his team of scientists, including Gilles-Eric Seralini,  exposed three human cell lines to the active ingredients of three herbicides, three insecticides, and three fungicides. The team then exposed the cell lines to the well-known commercial formulations that include these active ingredients which also contained “inerts,” and compared the results. Overall the study concluded that the commercial combinations had a magnifying effect on the toxicity of the active ingredients. While many might assume  that three insecticides tested ranked highest in toxicity, the study actually ranked fungicides as having the highest on-average toxicity, followed by herbicides, then insecticides. Leading the pack for on-average toxicity in the herbicides was the well-known Monsanto product, […]

(Beyond Pesticides, February 6, 2014) We know that pesticides and bees don’t mix and that particular pesticides, such as neonictinoids, pose significant threats to bee populations worldwide, but a recent study conducted by researchers at Pennsylvania State University have identified that it is “the mix” of the many chemicals in the environment that pose a significant threat to honey bee survival. Looking at the four most common pesticides detected in pollen and wax –fluvalinate, coumaphos, chlorothalonil, and chloropyrifos, Wanyi Zhu and other researchers have assessed the toxic impacts of these pesticides on honey bee larvae at real world exposure levels; that is, levels that are found in existing hives outside of a laboratory. But these researchers go beyond the usual one-chemical analysis in their study,  Four Common Pesticides, Their Mixtures and a Formulation Solvent in the Hive Environment Have High Oral Toxicity to Honey Bee Larvae. Rather than just looking at the pesticides in their individual, out-of-the-bottle form, they also mixed them up and broke them apart. Why did they take this mixed-up approach? “Recently, one hundred and twenty-one different pesticides and metabolites were identified in the hive with an average of seven pesticides per pollen sample, including miticides, insecticides, […]

(Beyond Pesticides, December 4, 2013) It’s farm bill debate time””again. And as conferee members saddle up to the negotiation table to attempt yet another meeting of the minds before the winter recess, most of the public watching and waiting for word on a resolution are focused on issues like food stamps and milk. What most are not waiting for and has not been at the forefront of the media and public discussion concerning the pending farm bill negotiations are the small but dangerous provisions of the House bill concerning the Federal Water Pollution Control Act (expanded and overhauled  as the Clean Water Act (CWA) in 1972) and the U.S. Environmental Protection Agency’s (EPA) ability to regulate pesticides used near, over, and in water. It should be. Seeking to nullify the Sixth Circuit’s ruling in National Cotton Council v. EPA and the resulting general permit, sections 12323 and 100013 amend CWA to exclude pesticides from the law’s standards and its permitting requirements. Known as the National Pollution Discharge Elimination System (NPDES), CWA requires all point sources, which are discernible and discreet conveyances, to obtain either individual or general permits. Whether a point source must obtain an individual or general permit depends […]

(Beyond Pesticides, November 27, 2013) The U.S. Environmental Protection Agency (EPA) has tapped a senior scientist at a nonprofit watchdog group to head the agency’s internal scientific integrity program. Francesca Grifo, PhD, former senior scientist and director of the Union of Concerned Scientists’ (UCS) scientific integrity program, is  becoming EPA’s new scientific integrity official, tasked with overseeing the agency’s transparency and ethical policy standards. In her new post, Dr. Grifo will be working in the agency’s Office of Research and Development, where her duties include ensuring that EPA complies with scientific integrity standards and overseeing the agency’s scientific integrity committee. EPA recently developed an agency-wide policy   that addresses the promotion of scientific ethical standards, including quality standards, public communications, advisory committees and peer review. Many believe this appointment is a boon for the agency, helping it stay ahead of the curve in upholding the science, which plays a critical role in the agency’s stewardship of public and environmental health. Dr. Grifo has been critical of political interference in the agency’s scientific work and co-authored a UCS report in 2008, “Interference at EPA: Science and Policies at the U.S. Environmental Protection Agency,” which found that over 50 percent of staff […]

(Beyond Pesticides, November 22, 2013) The U.S. Environmental Protection Agency (EPA) Assistant Administrator of the Office of Chemical Safety and Pollution Prevention, James Jones, testified before the House Subcommittee on Environment and the Economy last week. The subject of Jones’ testimony: EPA’s informal observations on the proposed Chemical Safety Improvement Act (CSIA). Introduced this past April, the CSIA seeks to reform the severely outdated and ineffective Toxics Substances Control Act (TSCA), the nation’s primary chemical safety law. Adopted in 1976, TSCA established an inventory and notification framework to monitor and assess the commercial production and importation of chemicals. Excluding large swaths of chemicals (such as pesticides and drugs) and placing the burden on EPA to demonstrate unreasonable risks to health or the environment, TSCA has done little to protect the public from or enable EPA to restrict the uses of the more than 84,000 chemicals in the marketplace today. As one 2009 Government Accountability Office (GAO) report noted, “Since 1976, EPA has issued regulations to control only five existing chemicals.” Assistant Administrator Jones’s testimony was quick to point out TSCA’s many flaws, including the grandfathering in of 60,000+ chemicals without any kind of testing and EPA’s inability to require testing […]

(Beyond Pesticides, November 19, 2013) Last week, the Environmental Protection Agency (EPA), the U .S. Department of Agriculture (USDA), Fish and Wildlife Service (FWS), and National Marine Fisheries Service (NMFS) released a white paper identifying how they plan to reconfigure the pesticide review process to meet the pesticide approval requirements for the Endangered Species Act (ESA). The new approach outlined in the white paper incorporates suggestions from the National Academy of Sciences’ Research Council (NRC) report released last May. The white paper is a step towards overhauling a deeply flawed process, though there will be several challenges to implementing this new approach for the agencies moving forward. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), before a pesticide can be sold, distributed, or used in the U.S., EPA is required to determine that the pesticide does not cause unreasonable adverse effects on the environment. However, in the case of species listed as endangered or threatened under the ESA, all federal agencies, including EPA, are required to ensure that their actions will not jeopardize the continued existence of a listed species by diminishing the species’ numbers and reproduction. To do this, in its pesticide registration process, EPA is required to […]

(Beyond Pesticides, November 7, 2013) A study released this week established a strong connection between endometriosis and exposure to two dangerous pesticides: lindane and mirex. While the results are not surprising given past connections between these pesticides and their endocrine-disrupting effects, this new study, Organochlorine Pesticides and Risk of Endometriosis: Findings from a Population-Based Case-Control Study, is one of the first to examine the association between organochlorine pesticides (OCPs) and endometriosis, one of the most common gynecological diseases, in women in the general population. The study’s authors, Kristen Upson, Ph.D. et al,  explained to Environmental Health Perspectives, “Our study suggests that exposure from extensive past use of environmentally persistent OCPs in the United States, or present use in other countries may impact the health of the current generation of reproductive-age women with regard to a hormonally-mediated disease.” In conducting the study, researchers selected a group of women with surgically-confirmed cases of endometriosis from the greater Pacific Northwest area. This group of women was then divided into four groups, based on the level of pesticide in each woman’s blood. Women in the second-highest exposure group for beta-hexacyclochlorohexane (beta-HCH), a byproduct of lindane, had a 70 percent greater risk of endometriosis than […]

(Beyond Pesticides, November 6, 2013) A federal district court approved a settlement Monday requiring the U.S. Fish and Wildlife Service to better protect California red-legged frogs from seven common pesticides known to be highly toxic to amphibians. The settlement gives the agency two years to prepare “biological opinions” under the Endangered Species Act (ESA) to analyze pesticide use in and near the frog’s aquatic and upland habitats.   A 2006 legal settlement secured by the Center for Biological Diversity (CBD) required the U.S. Environmental Protection Agency (EPA) to assess pesticide impacts on red-legged frogs and to then formally consult with the Fish and Wildlife Service (FWS) under the ESA. The EPA’s assessments found that widespread use of pesticides is likely harming red-legged frogs and the court ordered temporary pesticide use restrictions that remain in effect today. EPA determined that 64 other pesticides are “likely to adversely affect” or “may affect” red-legged frogs. Despite the EPA’s findings, however, FWS and EPA failed to complete the required consultation, resulting in the litigation by CBD that culminated in Monday’s settlement. The court order gives FWS two years to complete biological opinions for seven pesticides: glyphosate, malathion, simazine, pendimethalin, permethrin, methomyl and myclobutanil. This […]

(Beyond Pesticides, October 31, 2013) Bats get a bad rap on Halloween with their image synonymous with blood-sucking vampires; however, the real scary thing about bats is that they are disappearing due to a myriad of threats, including pesticides, habitat destruction, and the horrible white-nose syndrome (WNS), a disease caused by the fungus Pseudogymnoascus (Geomyces) destructans. Researchers are reporting an even bleaker picture, finding very little evidence of what might stop the disease from spreading further and persisting indefinitely in bat caves. The new study, from researchers at the Illinois Natural History Survey at the University of Illinois, found that the fungus can make a meal out of just about any carbon source likely to be found in caves, said graduate student Daniel Raudabaugh, who led the research under the direction of survey mycologist Andrew Miller, Ph.D. The study, Nutritional Capability of and Substrate Suitability for Pseudogymnoascus destructans, the Causal Agent of Bat White-Nose Syndrome is published in PLOS One. “It can basically live on any complex carbon source, which encompasses insects, undigested insect parts in guano, wood, dead fungi and cave fish,” Mr. Raudabaugh said. “We looked at all the different nitrogen sources and found that basically it can […]

(Beyond Pesticides, October 30, 2013) Once again, a bipartisan group of U.S. Senators is urging Farm Bill conference committee members to accept a provision that would eliminate what they call a redundant permitting requirement for pesticide users. H.R. 935: Reducing Regulatory Burdens Act of 2013 is similar to a previous piece of legislation that was passed in the U.S.  House of Representatives  in 2011 to eliminate the requirement that pesticide applicators obtain Clean Water Act (CWA) permits (known as National Pollutant Discharge Elimination  System (NPDES) permit)  for applications where pesticides could be discharged into water. A  bipartisan group of  Senators hope to use the Farm Bill to eliminate permitting requirement, continuing to believe the myth that permits burden farmers and applicators. The Senate and House are now in a conference committee to work out the details of a new Farm Bill to reauthorize the current law. A dozen Senators, led by Sen. Kay Hagan, D-N.C., have asked House and Senate negotiators to do away with the CWA regulation of pesticide discharges as they consider a compromise Farm Bill. Legislation eliminating the CWA permitting requirement last year passed the House, but the move to strip the U.S. Environmental Protection Agency (EPA) […]

(Beyond Pesticides, October 29, 2013) Early-life exposure to the herbicide atrazine makes frogs more susceptible to death from chytrid (Batrachochytrium dendrobatidis), a fungal disease implicated in amphibian declines across the globe. The research, Early-life exposure to a herbicide has enduring effects on pathogen-induced mortality, published in the Proceedings of the Royal Society B and led by University of South Florida (USF) biologist Jason Rohr, Ph.D, provides critical information for scientists hoping to stem the global demise of amphibian populations. “Understanding how stressors cause enduring health effects is important because these stressors might then be avoided or mitigated during formative developmental stages to prevent lasting increases in disease susceptibility,” Dr. Rohr explains. Researchers exposed tadpoles to atrazine at levels found in the environment for a period of  six days during the animal’s development, in combination with exposure to chytrid fungus (linked to worldwide amphibian decline), resulted in increased mortality 46 days later. According to the study, “[E]arly-life exposure to atrazine altered growth and development, which resulted in exposure to chytrid at more susceptible developmental stages and sizes, and reduced tolerance of infection, elevating mortality risk at an equivalent fungal burden to frogs unexposed to atrazine. Moreover, there was no evidence of […]

(Beyond Pesticides, October 25, 2013) A report released by a Johns Hopkins University panel reached two disturbing conclusions this week: (1) the United States population is continuing to face unnecessary public health risks because of the use of antibiotics in livestock production, and (2) the Food and Drug Administration (FDA) and other agencies are not likely to take meaningful action to address this risk. The report, Industrial Food Animal Production in America: Examining the Impact of the Pew Commission’s Priority Recommendations, follows five years after the Pew Commission on Industrial Farm Animal Production (PCIFAP) released its previous investigative report and recommendation to, among other actions, phase out and then ban nontherapeutic (or subtherapeutic) uses of antibiotics in industrial food animal production. The consequences of not following through on this recommendation would place the public at risk of increased pools of antibiotic-resistant superbugs. These superbugs threaten at least 2 million people each year and at least 23,000 people die each year as a direct result of these infections.  Many more people die from other conditions that were complicated by an antibiotic-resistant infection. Despite some congressional response  following the release of the 2008 Pew Commission report and a federal court order requiring […]