(Beyond Pesticides, Washington, DC, March 20, 2015 — A national public health and environmental group, Beyond Pesticides, is calling on the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) to stop the use of the country’s most popular herbicide, glyphosate, in the wake of an international ruling that it causes cancer in humans. The International Agency for Research on Cancer (IARC) released its finding today concluding that there is sufficient evidence of carcinogenicity based on laboratory studies. Glyphosate, produced and sold as Roundup by Monsanto, is touted as a “low toxicity” chemical and “safer” than other chemicals by EPA and industry and is widely used in food production and on lawns, gardens, parks, and children’s playing fields. However, IARC’s new classification of glyphosate as a Group 2A “probable” carcinogen finds that glyphosate is anything but safe. According to IARC, Group 2A means that the chemical is probably carcinogenic to humans based on sufficient evidence of carcinogenicity in experimental animals. The agency considered the findings from an EPA Scientific Advisory Panel report, along with several recent studies in making its conclusion. The agency also notes that glyphosate caused DNA and chromosomal damage in human cells. Further, epidemiologic […]

(Beyond Pesticides, March 19, 2015) A federal court ruled Monday against the use of neonicotinoid insecticides linked with destruction of bee colonies and other beneficial insects in national wildlife refuges in the Midwest region.  The ruling caps a legal campaign to end the planting of genetically engineered (GE) crops and other industrial agricultural practices on national wildlife refuges across the country. The federal lawsuit was filed by Center for Food Safety (CFS), Public Employees for Environmental Responsibility (PEER), Sierra Club, and Beyond Pesticides. The suit focused on farming contracts for five refuges in four Midwestern states (IL, IA, MN and MO) and sought to force the Fish & Wildlife Service (FWS), which operates refuges, to stop these practices until it completes rigorous analyses of their environmental impacts. Beset by this litigation, this past July FWS decided that it will phase out the use of GE crops to feed wildlife and ban neonicotinoid insecticides from all wildlife refuges nationwide by January 2016.  This new policy still allows for case-by-case exceptions. In the March 16, 2015 ruling, U.S. District Judge Colleen Kollar-Kotelly ordered: “By no later than APRIL 15, 2015, Defendants shall file a Notice indicating the extent to which neonicotinoid pesticides […]

(Beyond Pesticides March 18, 2015) Fifty-two members of Congress penned a letter to the White House, calling for the protection of the Monarch butterfly, which has declined by 90 percent in the last 20 years, and for listing as a ”˜threatened’ species under the Endangered Species Act (ESA). This comes on the heels of a formal  notice  of intent to sue submitted to the U.S. Environmental Protection Agency (EPA) for failing to protect threatened and endangered species, including butterflies, amphibians and birds, from flupyradifurone, a newly approved systemic insecticide. The letter sent to President Obama on Tuesday was spearheaded by Representative Chellie Pingree (D-ME), a long-time advocate for protecting monarch butterflies. In her press release, Rep. Pingree notes that the annual migration of monarchs from North America to Mexico has plummeted because of the use of herbicides on genetically engineered (GE) crops in the U.S.   The herbicides have wiped out milkweed, the main food for monarchs.  According to the letter, efforts by farmers, local, state and federal agencies to boost habitat are laudable, but without changes in how the federal government addresses the use of herbicides, especially as applied to herbicide-resistant crops, vital monarch habitats will simply continue to […]

(Beyond Pesticides, March 17, 2015) Foraging bumblebees would prefer to dodge traffic rather than pesticides and other agricultural chemicals, according to the results of a new study published in the Journal of Insect Conservation. Researchers from Plymouth University in England discovered that the number of bumblebees observed foraging plants along roadsides was over twice the number located in adjacent patches facing agricultural crops. As both native and managed bees continue to decline throughout the globe, this research strengthens calls from farming and environmental groups to improve agricultural practices through increased on-farm diversity, and sharp reductions in the use of pesticides, particularly systemic chemicals such as neonicotinoids. Mick Hanley, Ph.D., lead author of the study, explains, “There have been hedgerows and field boundaries in these locations for centuries, and even if you go back 50 or 60 years, you would not have  seen this phenomenon. Both sides of hedgerows would have been flourishing, and bees and other insects would have been numerous on both sides, but that was before an increase in the use of fertilizers.” However, it is likely the use of agrichemicals that has caused such a stark discrepancy between roadside and farm-side habitats. “Now what you see is […]

(Beyond Pesticides, March 16, 2015) Last week, a judge in Duesseldorf Regional Court ruled that the German branch of Friends of the Earth (BUND) has a right to speak out against chemical company giant Bayer CropScience’s neonicotinoid pesticide, thiacloprid, regarding its potential danger to bees. The court considered the allegations put forth by BUND to be a form of free speech, a protected right. Neonicotinoids, a class of insecticides, affect the central nervous system of insects, resulting in paralysis and eventual death. These pesticides have consistently been implicated as a key issue in pollinator declines, not only through immediate bee deaths, but also through sub-lethal exposure causing changes in bee reproduction, navigation and foraging. The science has become increasingly clear that pesticides, either working individually or synergistically, play a critical role in the ongoing decline of honey bees. Pesticide exposure can impair both detoxification mechanisms and immune responses, rendering bees more susceptible to viruses, parasites and other diseases, leading to devastating bee losses. Thiacloprid is one of the seven most commonly used neonicotinoids. It is used to control sucking and biting insects in cotton, rice, vegetables, pome fruit, sugar beet, potatoes and ornamentals. Low doses of neonicotinoids are considered highly […]

(Beyond Pesticides, March 11, 2015)   The White House’s recommendations for pollinator-friendly landscaping at federal facilities are “largely unachievable,” according to trade groups AmericanHort and the Society of American Florists. The groups believe that growing plants that attract and feed honey bees, wild bees, butterflies and other pollinators without a reliance on persistent, systemic and toxic pesticides that can harm them is “not a viable recommendation.” This comes in spite of several initiatives already taken by nurseries across the country to limit or restrict the use of systemic neonicotinoid pesticides on nursery and ornamental plant production. Last fall, the White House Council on Environmental Quality (CEQ) announced new guidelines for federal agencies to incorporate pollinator friendly practices at federal facilities and on federal lands. Critical to pollinator health within these guidelines is a requirement that agencies should “[a]cquire seeds and plants from nurseries that do not treat their plants with systemic insecticides.” Further, the document states that, “Chemical controls that can adversely affect pollinator populations should not be applied in pollinator habitats. This includes herbicides, broad spectrum contact and systemic insecticides, and some fungicides.” Concurrent with CEQ’s announcement, the General Services Administration (GSA) also stated it is in the process […]

(Beyond Pesticides, March 6, 2015) Last Friday, Oregon enacted a new rule which bans the use of four types of bee-killing insecticides, including  imidacloprid, clothianidin, thiamethoxam and dinotefuran, regardless of application method on linden trees and other Tilia species. The four insecticides that are now illegal to spray on Tilia trees are all in the neonicotinoid chemical class which are implicated in pollinator decline, and represents a step forward in protecting bees. However, Tilia trees are not the only route of exposure that bees and other pollinators have to neonics, which are currently applied to fields across the U.S. as seed treatment. The rule comes at the request of the Oregon Department of Agriculture (ODA) following several bee-kill incidents in Oregon since June 2013, when more than 50,000 bumblebees were killed after dinotefuran was sprayed on trees in a shopping mall parking lot in Wilsonville, Oregon. After the incident in Wilsonville, ODA initially placed restrictions on two of the chemicals, dinotefuran and imidacloprid on Tilia trees, and the state launched a task force to look at protections for pollinators. The group came out with a range of recommendations including increased outreach and education about bees and support for bee habitat […]

(Beyond Pesticides, March 4, 2015) The 9th U.S. Circuit Court of Appeals has agreed to hear the case brought by beekeepers challenging the U.S. Environmental Protection Agency’s (EPA) approval of a toxic pesticide known to be toxic to bees. In 2013, the beekeepers filed suit against the agency, citing that the new chemical, sulfoxaflor, as further endangering bees and beekeeping and noting that their concerns were not properly addressed by EPA before registration was granted. Sulfoxaflor is a sub-class of the neonicotinoid pesticides that have been linked to global bee declines. The Court has agreed to hear the case on April 14, 2015. The case, Pollinator Stewardship Council v. EPA, which requests changes to EPA’s product label for sulfoxaflor, was first filed July 2013. The petitioners include the Pollinator Stewardship Council, the American Honey Producers Association, the National Honey Bee Advisory Board, the American Beekeeping Federation, and beekeepers Bret Adee, Jeff Anderson and Thomas Smith. The beekeeper groups are represented by Earthjustice. The case is one of a number of pending legal cases on EPA’s pesticide decisions under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), including one submitted March 2013 by Beyond Pesticides, the Center for Food Safety, beekeepers, […]

Congress heeds call to action and introduces legislation as pressure mounts on White House Task Force to issue meaningful recommendations March 4, 2015 (Washington, DC)””A coalition of beekeepers, farmers, business leaders, environmental and food safety advocates rallied in front of the White House and delivered more than 4 million petition signatures today calling on the Obama administration to put forth strong protections for bees and other pollinators. This action anticipates the Pollinator Health Task Force recommendations, expected later this month. The task force, announced by the White House this past June, is charged with improving pollinator health through new agency regulations and partnerships. The assembled groups demand that the recommendations include decisive action on rampant use of neonicotinoids, a class of systemic insecticides scientists say are a driving factor in bee declines. The rally coincided with both a D.C. metro ad campaign and Representatives Earl Blumenauer (D-OR) and John Conyers’s (D-MI) reintroduction of the Saving America’s Pollinators Act, which would suspend the use of four of the most toxic neonicotinoids until the Environmental Protection Agency (EPA) conducts a full review of their safety. Representative Blumenauer, said, “Pollinators are not only vital to a sustainable environment, but key to a stable […]

(Beyond Pesticides, March 3, 2015) Over 125 conservation, beekeeping, food safety, religious, ethnic and farming advocacy groups are urging President Obama and the Environmental Protection Agency (EPA) to take swift and meaningful action to protect honey bees and other pollinators from toxic pesticides. Groups, including Beyond Pesticides, raised their voice through a letter sent in advance of a pending report from the White House Pollinator Task Force, which was established last June by the President with the goal to “reverse pollinator losses and help respond populations to healthy levels.” Last October the White House announced it would miss its self-assigned deadline, delaying the urgent action that is needed to address this crisis. The letter urges President Obama and executive agencies to take action against a class of pesticides called neonicotinoids, systemic poisons that are devastating bee populations. They are also threatening the nation’s food supply, since one-third of the food consumed in the United States is pollinated by bees. “Through bold and decisive action from the White House and EPA, we can begin to reverse bee declines and protect pollinator populations for future generations,” said Nichelle Harriott, Science and Regulatory  Director at Beyond Pesticides. Among other steps the  letter calls […]

(Beyond Pesticides, February 27, 2015) New research from the University of Minnesota presents some of the first evidence linking the bee-killing insecticides known as neonicotinoids to monarch butterfly deaths. The study finds that milkweed plants, which monarch butterflies need to survive, may also retain neonicotinoids from nearby plants, making milkweed toxic to monarchs. Monarch population numbers have fallen by 90% in less than 20 years. This year’s population was the second lowest since careful surveys began two decades ago. The critical driver of monarch decline  is the loss of larval host plants in their main breeding habitat, the midwestern Corn Belt. Monarchs lay eggs exclusively on plants in the milkweed family, the only food their larvae will eat. University of Minnesota entomologist Vera Krischik, Ph.D. fed butterflies milkweed plants treated with the neonicotinoid insecticide known as imidacloprid in amounts that might typically be found on backyard plants. While adult monarchs and painted lady butterflies were not affected, which, according to Dr. Krischik, indicates the ability of the adults to detoxify, the larvae of both species of butterflies died. During the course of the study, larvae fed on the treated plants for seven days. “For the monarch, nobody was left that […]

(Beyond Pesticides, February 26, 2015) Yesterday, the Environmental Protection Agency (EPA) granted Florida citrus growers an emergency exemption to use the bee-killing pesticide clothianidin to control Asian Citrus Psyllid (ACP), a pest that causes “citrus greening,” a devastating citrus plant disease. Clothianidin, which is not currently registered for use on citrus, is part of a class of neurotoxic, systemic insecticides called neonicotinoids, which have been implicated in global honey bee declines and suspended in the European Union. “EPA needs to assist in stopping the deadly use of pesticides that harm bees, butterflies, and birds with sustainable practices, rather than imperil pollinators with its decisions,” said Jay Feldman, executive director of Beyond Pesticides, a health and environmental advocacy group. He continued, “We understand the immediate chemical needs of chemical-intensive agriculture for increasingly toxic and persistent chemicals, but urge EPA to help stop the treadmill, lest it allow irreversible harm to the environment, biodiversity, and human health.” Beyond Pesticides is urging EPA to require that growers adopt a management plan in order to apply clothianidin. “Ultimately, EPA should be requiring growers to adopt integrated organic systems to manage pests, as a part of an emergency permit,” said Mr. Feldman. Read Beyond Pesticides’ […]

(Beyond Pesticides, February 24, 2015) According to recent reports from local California news outlets, Honey Bees are in Short Supply In Central Valley, with the risk that consumers across the United States will be seeing higher prices on fruits, nuts, and vegetables this year as a consequence of declining honey bee populations. The ongoing pollinator crisis has resulted in greater than 30% of managed bee colonies dying off each winter since 2006, an unsustainable rate that will inevitably impact the pocketbooks of consumers in the U.S. and may even ultimately result in global malnutrition. But that doesn’t have to be the outcome. As Beyond Pesticides continues to remind concerned residents, although there are a number of hazards affecting honey bee populations, this crisis is No Longer a Big Mystery. The scientific evidence shows that a class of toxic, persistent, systemic chemicals called neonicotinoids present immense risks to honey bees and other pollinator species. Twenty-nine scientists spanning multiple disciplines analyzed over 800 peer-reviewed papers on the subject came to a similar conclusion. “The assessment found that both individuals and populations can be adversely affected by low or acute exposure making them highly vulnerable. Pollinators exposed to contaminated pollen, nectar and water […]

(Beyond Pesticides, February 23, 2015) A Hawaii state House agriculture committee rejected a bill Thursday that sought to impose buffer zones for large agricultural companies that spray restricted-use pesticides near schools and other sensitive areas. The proposal, House Bill 1514, introduced by Rep. Chris Lea, stemmed from concerns about  the impact of genetically-engineered (GE) farming and its inherent dependency on increasing  pesticide use. The measure sought  to require companies’  disclosure of the pesticides used and the volume of use. The bill had strong support from the Hawaii chapter of the national nonprofit Center for Food Safety (CFS), as well as a strong backing from neighbor island residents. Maui, Kauai, and the Big Island have all passed laws recently to regulate the seed industry, but a federal  district  court judge  has ruled  that Hawaii counties do not have that power. Industry has been especially effective in obstructing the bill. CFS’ Hawaii director, Ashley Lukens, said after Thursday’s hearing that she was frustrated by the limited amount of time advocates were given to testify. “It was clear from the very beginning that the hearing was intended to allow the industry to reiterate their talking points,” she said. Not surprisingly, companies (like Monsanto) […]

(Beyond Pesticides, February 13, 2015) With the U.S. Environmental Protection Agency’s (EPA)  nod to the pesticide industry on expanded uses of the herbicides 2,4-D and glyphosate, environmental groups are charging that the agency violated the Endangered Species Act (ESA).  Repeating a pattern of putting the environment in harm’s way through violations of  federal endangered species  law, a lawsuit filed Friday  documents   EPA’s  failure to consult with the U.S. Fish and Wildlife Service (FWS) regarding the impact of the herbicide on two endangered species —the whooping crane and the Indiana bat— with the recent approval of Dow AgroSciences’ herbicide, Enlist Duo, for use on genetically engineered (GE) crops in six midwestern states. Enlist Duo is an herbicide that incorporates a mix of  glyphosate  and a new formulation of  2,4-D, intended for use on GE Enlist Duo-tolerant corn and soybean crops. Approved for use on GE corn and soybeans that are engineered to withstand repeated applications of the herbicide, the creation of 2,4-D-tolerant crops and EPA’s approval of Enlist Duo is the result of an overuse of glyphosate, an ingredient in Monsanto’s Roundup. The misuse resulted in an infestation of glyphosate-resistant super weeds which can now be legally combatted with the […]

(Beyond Pesticides, February 11, 2015) In 2008, France announced it would voluntarily cut pesticide use by 50 percent by 2018, and emerged as the European leader in  reducing pesticide dependency. With its plan faltering, the European Union’s (EU) biggest agricultural producer and pesticide user has announced the expansion of  a network of pioneer farms experimenting with alternative techniques and mandated reductions in pesticide sales as it  delays its target reduction until 2025. The French government has pushed back to 2025 the timeline for halving pesticide use and added an intermediate target of a 25 percent fall by 2020, Agriculture Minister Stephane Le Foll said. The  2018 target was slated as voluntary, but pesticide use has actually increased, in part due to poor weather, according to French officials. As the EU’s top agricultural producer, France is trying to become less dependent on pesticides, which are known to pose various health and environmental risks. The targets for pesticide reduction remain mostly non-binding on farmers, but Minister Le Foll said his revamped plan would encourage a change in practices by expanding their focus on  alternative techniques. The minister notes that farmers need training  in best practices to replace the massive use of pesticides […]

(Beyond Pesticides, February 10, 2015) Scientists at the Universities of Dundee and St. Andrews in Scotland have found evidence confirming that the levels of neonicotinoid (neonic) pesticides bees are likely to encounter in the wild impair the pollinator’s brain cells, resulting in colony declines. Bees and other wild pollinators provide services of over $125 billion globally, but are experiencing widespread and consistent losses that have the potential to increase global malnutrition and disease if not properly addressed. Although countries and regions across the globe have taken action to suspend or restrict the use of neonic pesticides in light of their threat to bees, policymakers in the U.S. continue to delay, impose inadequate changes, or even introduce new bee-toxic chemicals. The recent study, Chronic exposure to neonicotinoids increases neuronal vulnerability to mitochondrial dysfunction in the bumblebee (Bombus terrestris), published in the Journal of the Federation of American Societies for Experimental Biology, finds a mechanistic explanation for previous findings that observed poor navigation and foraging in colonies of bumblebees exposed to neonicotinoids. To do this, researchers exposed bumblebees to doses of the neonics imidacloprid and clothanidin generally expected to be seen in the field (10 nanomoles[nM]/2.1ppb), and measured the amount that accumulated […]

(February 9, 2015, Beyond Pesticides) A report, Monarchs in Peril: Herbicide-Resistant Crops and the Decline of Monarch Butterflies in North America, released by Center for Food Safety (CFS) last week, reveals the devastating  impact of Monsanto’s and the nation’s biggest selling herbicide, Roundup (glyphosate), on the survival  of monarch butterflies. The herbicide is  used to treat  millions of acres of herbicide-tolerant  genetically engineered (GE) crops, eliminating the monarchs’ sole source  of food, milkweed, and approaching  a collapse of their population, which has plummeted over the past 20  years. The report cites findings that  glyphosate use on Roundup Ready  (glyphosate-tolerant) crops has nearly eradicated milkweed around farmland in the monarchs’ vital midwest breeding ground. At the urging of scientists and public interest groups, the U.S. Fish and Wildlife Service (FWS) is currently considering listing the monarch as a threatened species under the Endangered Species Act (ESA). “This report is a wake-up call. This iconic species is on the verge of extinction because of Monsanto’s Roundup Ready crop system,” said Andrew Kimbrell, executive director at Center for Food Safety. “To let the monarch butterfly die out in order to allow Monsanto to sell its signature herbicide for a few more years is […]

(Beyond Pesticides, February 4, 2015)    In the face of a challenge from the chemical industry, Hawaii’s Maui County will not defend a moratorium on genetically engineered (GE) farming that was passed by county voters last fall. Seeking to have the moratorium thrown out, industry giants Monsanto, Dow-owned Agrigenetics and others sued Maui days after the measure was passed.   It was expected that the county would defend the law in the courts, but to the disappointment of many, attorneys for Maui County filed a single sentence brief with the court, stating that it “is taking no position.” In November 2014, Maui residents passed a ballot initiative prohibiting the growth, testing or cultivation of GE crops in Maui County until an environmental and public health study can show that the planting operations are safe for the community. Now residents and local groups supporting the new law are expressing outrage and disappointment over the decision by Maui County to disregard its duty to defend a law passed by its citizens, despite earlier assurances that county will implement the moratorium. Maui County spokesman Rod Antone said that the outrage from activists groups is misplaced. In December, the court allowed the local group, […]

(Beyond Pesticides, January 30, 2015) Extensive exposure to common chemicals may be linked to an earlier start of menopause, according to a new study out of Washington University School of Medicine in St. Louis. Researchers of the study found that women whose bodies have high levels of these chemicals, including three pesticides, experience menopause two to four years earlier than women with lower levels of the chemicals. The pesticides found to have a significant correlation with an early start in menopause were p,p’-DDE (a metabolite of DDT), β-hexachlorocyclohexane (a byproduct of the production of lindane), and mirex. All three pesticides are organochlorine insecticides or their breakdown products that have been banned for use  in the U.S., but continue to persist in the environment and in the food chain. The study, Persistent Organic Pollutants and Early Menopause in U.S. Women, published this week in the journal PLoS ONE, investigates the link between levels in blood and urine of 111 endocrine-disrupting chemicals (EDCs), or chemicals that interfere with the body’s hormonal activity, and focused on known reproductive toxicants or persistent environmental contaminants. The findings suggest a significant association between 15 chemicals —nine polychlorinated biphenyls (PCBs, which are industrial products), three pesticides, two […]

(Beyond Pesticides, January 28, 2015) Global decline of pollinators and pollination services will have a devastating impact on the nutritional health of people in developing countries, especially women and children, if left unabated, according to a new study from scientists at the University of Vermont and Harvard University. This research is the first to examine how pollinators influence nutrient intake and the risk of nutrient deficiency. It also comes at a time when policy makers are slow to find long-term sustainable solutions to reversing pollinator declines, despite mounting scientific evidence urging immediate action. Pollination services are valued at over $125 billion globally and pollinators are responsible for one in three bites of food we eat. However, pollinators like honey bees, wild bees, butterflies and others are in decline around the globe, with many beekeepers, scientists, and environmental activists singling out pesticides as a major contributing factor. But despite suggestions that pollinators are critical not only for global food supply, but specifically human nutritional health, there has not been any research to support this claim until now. The study, “Do Pollinators Contribute to Nutritional Health,” published in PLoS ONE, combined data on crop pollination requirements, food nutrient densities, and actual human […]

(Beyond Pesticides, January 26, 2015) Last week, the U.S. Environmental Protection Agency (EPA) announced it completed the registration of a new pesticide, flupyradifurone, that would be marketed as an alternative to neonicotinoid pesticides, and “safer for bees.” A closer look at this chemical reveals that the agency is grossly misleading the public on the ecological safety of flupyradifurone since the chemical is systemic, persistent, and highly acutely toxic to adult honey bees. At a time when bees are declining, advocates say it is inappropriate for EPA to introduce yet another bee toxic chemical to the market. Flupyradifurone (“Sivanto”) is a new systemic, butenolide insecticide from Bayer CropScience that is to be used on crops such as citrus, cotton, potatoes and many others, and also as seed treatment. Note: EPA is still considering soybean seed treatment. The chemical is a neurotoxic insecticide that can inhibit nicotinic acetylcholine receptors (nAChR) in the nervous system. Neonicotinoids, widely linked to devastating health impacts on bees,  affect the nervous system in the same way. However, EPA states that flupyradifurone differs from neonicotinoids because of the way it binds to the receptors and  is metabolized. However, most troubling is that, based on EPA’s registration documents, the […]

(Beyond Pesticides, January 23, 2015) Pesticide-centered Program Approved Despite 30,000 Opposition Letters. Eleven groups, including Beyond Pesticides and the City of Berkeley, sued the California Department of Food and Agriculture yesterday over the agency’s approval of a statewide “pest management” plan that allows pesticide spraying on schools, organic farms and residential yards, including aerial spraying over homes in rural areas. California regulators approved the program despite tens of thousands of public comment letters calling for a less toxic approach that would protect the vitality and resilience of the state’s food system and the economic interests of organic farmers. “Environmental review laws are there to prevent abuses,” says Jay Feldman, Executive Director of Beyond Pesticides, “Agencies cannot make unilateral decisions to ignore mandatory health and environmental safety standards.” “The state offers no evidence to support its conclusion that this pesticide-centered program will have no effect on our health,” said Debbie Friedman, cofounder of MOMS Advocating Sustainability. “As a parent, I am particularly disturbed that health risks of pesticide residues for children aged two and under are dismissed based on the absurd reasoning that infants spend most of their time indoors.” The approved program allows the state to use, without any additional […]