(Beyond Pesticides, August 13, 2015) On Monday, a federal appeals court judge mandated that the U.S. Environmental Protection Agency (EPA) respond to a petition filed nearly nine years ago that seeks  to force the agency to restrict  the dangerous insecticide  chlorpyrifos (an organophosphate also known as Dursban). U.S. Court of Appeals Judge for the Ninth Circuit, M. Margaret McKeown,  delivered her opinion on August 10, stating that federal agencies should never practice the “venerable tradition” of putting off statutory requirements  when it comes to human health. The court issued the opinion and order in a lawsuit brought by Earthjustice on behalf of Pesticide Action Network (PAN) and Natural Resources Defense Council (NRDC), and gives EPA until October 31 to finally respond to the petition requesting to ban chlorpyrifos. EPA took a tentative step towards further regulating chlorpyrifos in a July 2015 announcement to ban remaining agricultural uses by April 2016 date. Unhappy with the uncertainty that EPA delivered, the court felt that a mandated deadline would expedite the process. On June 8, 2000, EPA administrator Carol Browner announced a voluntary agreement between the agency and industry leaders, including Dow AgroSciences, to ban all home and garden uses of Dursban, which […]

(Beyond Pesticides, July 9, 2015) Last week, a federal judge ruled that a voter-passed ban on the cultivation of genetically engineered (GE) crops in Maui is preempted by federal and state law, and is invalid. According to the SHAKA Movement legal counsel, the decision, at least temporarily, invalidates a local ordinance that sought to protect against serious harms caused by these practices, and ignores the harms to Maui county and the Hawaii Constitutional mandate placing obligations and duties on the counties to protect the natural environment. In addition to the SHAKA Movement, Center for Food Safety and Earthjustice have pledged to appeal the decision. “The District Court’s ruling is a big blow to Maui County voters that adopted this ordinance, given the dangers involved with GMO operations,” said  SHAKA spokesperson Mark Sheehan, PhD, who was also one of the five citizens who sponsored the ballot initiative. “We do intend to appeal this decision and are hopeful that the 9th Circuit will recognize the impact that today’s ruling has on the community.” 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 […]

(Beyond Pesticides, July 7, 2015) In a sleight of hand,  the U.S. Environmental Protection Agency (EPA) announced plans last week to cancel all remaining agricultural uses of the hazardous insecticide chlorpyrifos by April 2016, and then left the door open for negotiations with the chemical’s manufacturer, Dow AgroSciences, to adopt  risk mitigation measures that would avoid a ban. Environmental groups are reacting to EPA’s announcement with guarded optimism, encouraging the agency to move forward with its planned cancellation of a highly toxic chemical that has remained on the market for far long. In June 2000, EPA announced a negotiated voluntary cancellation  with Dow that removed residential uses of chlorpyrifos (Dursban) from the market because of the neurotoxic effects to children, but allowed most agricultural uses to continue. As early as January of this year, EPA released a revised human health risk assessment for chlorpyrifos, finding that the chemical poses risk to farmworkers, and the drinking water of small watersheds. The assessment was, in part, in response to a petition submitted by Natural Resources Defense Council (NRDC) and Pesticide Action Network (PAN) in 2007, which called on the agency to ban all uses of the insecticide. Since the the 2000 cancellation, […]

(Beyond Pesticides, June 3, 2015) After years of campaigning by local activists and a lawsuit filed by parents citing discriminatory practices from policies that led to disproportionate exposure of Latino children to pesticides, the California Department of Pesticide Regulation (CDPR) will now seek to gather input from stakeholders to determine what measures are appropriate to enhance protection of California’s schoolchildren. Given that Latino children are more likely to attend schools near areas with the highest use of pesticides of concern, and California’s pesticide use has actually increased over recent years, the state will need strong restrictive policies to provide any meaningful protections for school children. According to CDPR, the agency will hold five  workshops from May 28 – June 9 2015 to gather input that will later help craft a statewide regulation on  pesticide use near schools, with a focus  on improving school pesticide notification procedures and reducing the risk of exposure. In California, many schools have been built on prime agricultural land next to farm operations. While there are currently state regulations on the use of individual pesticides, CDPR’s regulatory framework for restricted pesticides also allows for the establishment of additional rules to address local conditions. However, existing rules […]

(Beyond Pesticides, June 2, 2015) A federal judge released a ruling Friday rejecting a request by two alfalfa farms to overturn the ban on GE crops in Jackson County, Oregon. In his decision, U.S. Magistrate Judge Mark Clarke found the ban on GE crops is not preempted by the state’s Right to Farm Act, thereby allowing the ordinance to become effective on June 5. The ordinance, which bans the cultivation, production and distribution of GE crops within the county passed overwhelmingly last May with 66 percent support. This decision is an important victory for farmers of organic and non-genetically engineered crops, who constantly struggle with the threat of GE contamination. “We have always felt this was a strong case,” explained Tom Buchele, attorney with Earthrise Law Center, “but it was very encouraging to get such a strong and well-written opinion that affirms what we have argued since the beginning: communities have the ability under the Right to Farm Act to protect traditional agricultural crops from contamination from GMOs.” Magistrate Judge Clarke rejected the legal challenge by two GE alfalfa growers, Schulz Family Farms and James and Marilyn Frink, who claimed that the Jackson County GE crop ban violated Oregon’s Right […]

(Beyond Pesticides, May 12, 2015) Last week Kaua’i County Councilmember Gary Hooser returned from agrichemical giant Syngenta’s shareholder meeting in Basel, Switzerland, where he addressed the company and its stakeholders on  the corporation’s lawsuit against the  small Hawaiian island of Kaua’i. The Councilmember indicates that, although the company is unlikely to meet his request to drop its lawsuit against Ordinance 960, which generally creates buffer zones prohibiting pesticide use around schools, hospitals, and parks, the trip overall was a success. “Our main purpose was one of education and information, to tell our story in the home city of Syngenta, and we were greeted with open arms and really managed to get the word out,” Mr. Hooser said to The Garden Isle on Monday. VIDEO: See Councilmember Hooser’s speech to Syngenta: Part 1 | Part 2 (Note: Credit and thanks to Kauai activist Fern Rosenstiel for filming this video despite attempts by Syngenta to suppress her ability to do so.) In a related matter, it  was announced earlier this week that  a federal court awarded over $500,000 to 15 Kaua’i residents who launched a  lawsuit (separate from the one above) against another agrichemical company on the island, DuPont Pioneer. Residents won […]

(Beyond Pesticides, April 21, 2015) Last week, Health Canada opened public comments on its reevaluation decision for glyphosate, the active ingredient in Monsanto’s Roundup herbicide. The agency chose to continue allowance of the herbicide, but include some changes to the label of glyphosate-containing products. The decision comes shortly after the International Agency for Research on Cancer determined that the chemical is a human carcinogen based on laboratory animal test data,  and a recent study revealed that glyphosate accelerates antibiotic resistance. Health Canada’s label changes include the following: A requirement for a statement indicating to apply only when the potential for drift to residential or populated areas is minimal. This includes houses, cottages, schools and recreational areas A restricted entry interval (REI) of 12 hours for agricultural uses to better protect agricultural workers; New environmental hazard statements to inform users that, at high enough doses, it can be toxic to non-target species; Recommended spray buffer zones to protect non-target terrestrial and aquatic habitats from unintended exposure; and, Precautionary statements to reduce the potential for run off of glyphosate to adjacent aquatic habitats, particularly when heavy rain is forecasted. This includes a recommendation to keep a strip of vegetation between the treatment […]

(Beyond Pesticides, April 16, 2015) According to a new study, regulatory limits for insecticides are exceeded in over half of contaminated water samples collected from around the world. The study was based on a review of more than 800 studies conducted in 73 countries over the past five decades and is the first to evaluate the exposure of surface waters to particularly toxic agricultural insecticides on a global scale. Based on these results, the researchers ultimately conclude that “fundamental revisions of current regulatory procedures and pesticide application practices are needed to reverse the global environmental impacts of agro-chemical based high-intensity agriculture.” The analysis, published in the Proceedings of the National Academy of Sciences and titled “Agricultural insecticides threaten surface waters at the global scale,” was led by Sebastian Stehle, Ph.D., and Ralf Schulz, Ph.D, at the Institute for Environmental Sciences at University Koblenz-Landau in Germany. The researchers looked at 28 insecticides, the majority of which are currently approved in the United States and the European Union, represent all major insecticide classes, and are important for global agriculture in terms of annual application rates. While they found that just 2.6 percent of the 2,500 aquatic sites contained measurable levels of insecticides, […]

(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 12, 2015) Oregon Senator Michael Dembrow (D-Portland) and Representative Ann Liniger (D-Lake Oswego) introduced a bill on Tuesday targeting the loosely regulated aerial pesticide spraying practices of the Oregon timber industry. The bill will establish residential, school, drinking water, and fish habitat buffers zones, require timely notification of spraying and controlled burns for nearby residents, increase record keeping requirements, establish protected areas where pesticide spraying is prohibited, and grant investigative and enforcement authority to the Oregon Health Authority in cases of human pesticide exposure. Development of the bill grew out of a series of incidents across Oregon involving residential pesticide exposure and poisoning from aerial spraying of forest lands. The main incident, which spurred state-wide outrage and investigations into the pesticide regulation and enforcement practices of the Oregon Department of Agriculture (ODA), involved Curry County residents who complained of pesticide exposure after witnessing aerial spraying near their homes. After pressure from local residents, investigative reporters, and environmental groups, ODA was ordered to publicly disclose pesticide records. It was found that the pesticides being sprayed were 2,4-D and triclopyr  ””information that conflicted with previous statements and reports and adding to the trend of opaque and lackluster ODA enforcement […]

(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 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 29, 2015) State legislators in Hawaii will soon be introducing a proposal to establish pesticide-free zones around schools and hospitals throughout the state. Not yet filed or finalized, the proposed bill would prohibit farmers from using large amounts of pesticides within a specified distance of schools and hospitals, known as buffer zones. While the exact distance of the buffer zones in Hawaii are yet be determined and will be open to discussion and input from experts and the public, lawmakers are focusing on a distance of 500 to 1,000 feet. “We want to provide meaningful protections that are going to keep pesticides from drifting into our schools and hospitals and affecting our kids,” said State Rep. Chris Lee, chair of the State House environmental protection committee and intended sponsor of the bill. “I think protecting our kids from chemicals is a common sense thing that everybody can get behind.” Beyond this common sense reason and general concern for the health of children and those already facing compromised health, Hawaiians have also experienced numerous pesticide drift and exposure incidents at schools in the past years. These incidents spurred a similar bill to that proposed by Rep. Lee, which […]

(Beyond Pesticides, January 16, 2015) The California Department of Pesticide Regulation (CDPR) announced Wednesday that it is implementing the country’s strictest limits on chloropicrin, a chemical injected into the soil where strawberries, raspberries, almonds, and other crops are grown. The soil fumigant has been linked to a litany of health effects, such as respiratory ailments, skin irritation, and headaches, due to exposure to drift in surrounding areas over recent years. The new rules set up wider buffer zones of up to 100 feet around fields where the pesticide is applied. Growers will be restricted to fumigating 40 acres a day unless they use stronger tarps to prevent pesticide drift. Growers are also required to give the state 48 hours notice before fumigating and notify surrounding homes and businesses in Spanish and English. Chloropicrin is used to control soil pathogens, nematodes, and certain weeds, and can be used alone or in combination with another fumigant, either 1,3-dichloropropene (1,3-D) or methyl bromide, both of which have also been shown to be toxic to human health and potent environmental contaminants. The new chloropicrin restrictions are timely; a 2011 report found that pesticide use rose in 2010 after a four-year decline. The pesticides with […]

(Beyond Pesticides, January 12, 2015) California schools have started implementing new pesticide reporting and use requirements with the start of 2015. All schools and child day care centers statewide are now required to report their annual use of pesticides to the California Department of Pesticide Regulation (CDPR). The requirement comes via amendments made to the state Healthy Schools Act, which requires schools and day care centers to: Develop an Integrated Pest Management (IPM) plan and make it available to the public. Report pesticide use at minimum once a year for pesticides that are not exempt. The first reports will be due January 30, 2016, and will include use from January 1 to Dec. 31, 2015. After July 1, 2016, school staff involved in application of pesticides will be required to complete school-related IPM training annually. Professional applicators will be required to receive this training before application at a school site. In the past, pesticide use on school property was reported to the state by the applicator, which was usually a company contracted by the school district. Now the district must report all use of these chemicals by its own staff. “The real effect in January. . .means that school districts […]

(Beyond Pesticides, January 7, 2015) On Monday, the U.S. Environmental Protection Agency (EPA) released a revised human health assessment for the insecticide, chlorpyrifos, which finds risks to workers who mix, load and apply chlorpyrifos, and that the chemical has the potential to pose risks to drinking water in small watersheds. The assessment also notes that EPA will retain the 10X (10-fold) safety factor to protect children from all routes of exposures. EPA’s latest finding confirms long-standing scientific data that  has documented chlorpyrifos’ toxicity to humans and environmental contamination. However, despite these findings, EPA proposes to place additional restrictions on chlorpyrifos’ use, instead of a widespread ban. This latest assessment updates the June 2011 preliminary human health risk assessment, which was widely criticized by environmental and farmworker groups. EPA is releasing this assessment based on new information received since 2011, including public comments. The assessment is, in part, in response to a petition submitted by Natural Resources Defense Council (NRDC) and Pesticide Action Network (PAN) in 2007, which called on the agency to ban all uses of the insecticide. In 2000, EPA orchestrated a voluntary cancellation with the manufacturer Dow AgroSciences of  most residential uses of chlorpyrifos to limit children’s exposure, […]

(Beyond Pesticides, November 17, 2014) In anticipation of the lawsuit by agrichemical giants following a newly passed initiative to suspend the planting of genetically engineered (GE) crops in Maui, five residents preemptively filed a lawsuit last Wednesday, November 12 beating their opponents by one day. The moratorium is only a temporary measure that bans GE crops until the county analyzes the public health and environmental effects, and it is deemed safe. Yet, despite this Monsanto, along with Dow AgroSciences, the Maui Farm Bureau and other businesses filed their own lawsuit against the county Thursday, November 13 saying that  the “referendum is invalid and contrary to long established state and federal laws that support both the safety and lawful testing and planting of GMO plants.” Maui County residents Dr. Lorrin Pang, Mark Sheehan, Lei’ohu Ryder, Bonnie Marsh and Alika Atay, along with the Shaka Movement, filed their lawsuit in the Second Circuit court in Hawaii against the county, Monsanto and Dow AgroSciences. The lawsuit seeks to assure transparency and influence over the implementation of the initiative, in light of the enormous amount of money that the ag companies have poured into the county in an attempt to beat the initiative. According […]

(Beyond Pesticides, November 6, 2014) A mixed day for environmental and public health advocates everywhere, election day, November 4, 2014, brought victories and setbacks. While campaigns to  advance public health and environmental protections faltered, as did  supportive candidates, bright spots did poke through,  leading the way forward for future grassroots efforts. Ogunquit, Maine Pesticide Ban Small but determined, the town of Ogunquit, Maine re-passed an ordinance banning the use of synthetic pesticides and fertilizers on private property. Residents voted 444 to 297 in favor of the ban, sending an even stronger second-time approval of the initiative. The town passed a nearly identical ordinance earlier this year in June, however, it was decided that a procedural glitch of failing to notify the state’s pesticide board before passage of the ordinance, as well as a lack of agricultural exemptions, should be corrected through an amended ordinance and revote. The now double-confirmed law expands on existing pesticide use restrictions on town-owned property. The passage of this ordinance positions Ogunquit as a leader in the state for environmental sustainability and the protection of public health, and supports the Ogunquit Conservation Commission’s goals to ensure that the town’s popular beaches are clean and healthy for […]

(Beyond Pesticides, October 30, 2014) After concerns have been raised about the poor oversight of aerial herbicide spraying on Oregon forests, and the subsequent pesticide contamination of residents living nearby, policy makers are working to introduce legislation to better protect local residents from pesticide and environmental contamination. An investigation, which began in 2013 into allegations of improper pesticide spraying on timberland near residential areas in Southern Oregon, has since confirmed that residents of the small towns were unwillingly sprayed with pesticides. The investigation was launched after residents filed complaints after they experienced rashes, headaches, asthma, and stomach cramps directly after pesticide applications. Earlier this year, the investigation led by the Oregon Department of Agriculture (ODA) indicated multiple violations by the pesticide operator and applicator responsible for the spraying, as well as evidence of the presence of pesticides on properties in Cedar Valley, near Gold Beach, Oregon. The aerial applicator, the investigation uncovered, allowed pesticide deposition on properties other than the intended application site, applied one product at a rate above the maximum allowed by the label instructions, and provided multiple false records that misled ODA about the actual products used. Now, in light of several state regulatory lapses that include […]

(Beyond Pesticides, October 22, 2014) The U.S. Environmental Protection Agency (EPA) has announced a new voluntary Drift Reduction Technology (DRT) program to encourage the use of spray technologies scientifically verified to significantly reduce pesticide drift. But with the recent approval of increased uses of toxic pesticides, such as 2,4-D, and the general lack of compliance with pesticide labels, many believe that this new program may not go far enough to protect non-target sites and vulnerable communities from drift until serious efforts to reduce widespread use of toxic, highly volatile pesticides are undertaken. Pesticide drift is an inevitable consequence of pesticide use, and has been a problem for communities adjacent to agricultural areas and non-target sites for decades. Many pesticide products are released as foliar sprays into the air, or volatilize from surfaces where particles can travel for miles from their application site. This means that on a windy day pesticide residues can drift far distances, affecting  downwind, vulnerable communities, organic farms and other environments. Legal action has been taken against the agency to protect communities from drift, but EPA has consistently failed to meaningfully address concerns. To address issues of drift, EPA’s new program will attempt to reduce drift by […]

­ ­ ­(Beyond Pesticides, September 17, 2014) DuPont agreed to pay the U.S. Environmental Protection Agency (EPA) $1.853 million to settle charges from the agency that the chemical giant’s herbicide product ImprelisTM was responsible for killing and damaging thousands of acres of spruce and pine trees in 2011. On Monday, EPA filed a Consent Agreement and Final Order against DuPont for violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for selling and distributing its pesticide product -ImprelisTM herbicide. EPA contends that DuPont failed to submit in a timely manner  field trial studies indicating potential ecological adverse effects from the use of Imprelis. In 2011, in what some say was one of the biggest disasters of its kind, Norway spruce and white pine tree damage and deaths were reported throughout the Midwest, in East Coast states, and as far south as Georgia. It was determined that Imprelis, marketed as a “low environmental impact” pesticide, was applied during the spring to control weeds on lawns and other landscapes in the vicinity of the non-target evergreen trees. Imprelis, whose active ingredient is the potassium salt of aminocyclopyrachlor, was conditionally registered by EPA in September 2010, in a regulatory process reminiscent of […]

(Beyond Pesticides, September 12, 2014) A new U.S. Geological Survey (USGS) report finds that levels of pesticides continue to be a concern for aquatic life in many of the Nation’s rivers and streams in agricultural and urban areas. The study, which documents pesticide levels in U.S. waterways for two decades (1992-2011), finds pesticides and their breakdown products in U.S. streams more than 90 percent of the time. Known pesticide water contaminants, such as atrazine, metolachlor, and simazine, continue to be detected in streams more than 50 percent of the time, with fipronil being the pesticide most frequently found at levels of potential concern for aquatic organisms in urban streams. According to the USGS report, “An Overview Comparing Results from Two Decades of Monitoring for Pesticides in the Nation’s Streams and Rivers, 1992—2001 and 2002—2011,” featured in the journal, Environmental Science and Technology and part of the agency’s ongoing National Water-Quality Assessment Program, the proportion of streams with one or more pesticides that exceed an aquatic-life benchmark (or guideline) is similar between the two decades for streams and rivers draining agricultural and mixed-land use areas, but much greater during the 2002-2011 for streams draining urban areas. During both decades, one or […]

(Beyond Pesticides, September 11, 2014) A study of pregnant women living near or working in Costa Rican banana fields shows disturbing levels of the fungicidal component ethylene thiourea (ETU) in the urine samples collected from the women tested. In 72 percent of the 445 women tested, researchers found ETU in urine at levels five times greater than that of the general population. The levels detected in the urine exceed reference doses  ””the numbers set by regulatory agencies, like the U.S. Environmental Protection Agency (EPA), that reflect the maximum acceptable oral dose of a toxic substance. Scientists conducting the study, Aerial Application of Mancozeb and Urinary Ethylene Thiourea (ETU) Concentrations among Pregnant Women in Costa Rica: The Infants’ Environmental Health Study (ISA), focused on ethylene thiourea because it is the main metabolite of the active ingredient found in Mancozeb, a fungicide used in agriculture, professional turf management, and horticulture. The fungicide’s prominent uses on food and feed crops include tree fruits, such as bananas, apples, and pears. It is not just the presence and levels found within the urine that  is troubling. Researchers also discovered that pregnant women who live within 48 meters of banana plantation have on average 45% more […]