(Beyond Pesticides, October 5, 2018) The Oregon Department of Agriculture (ODA) is temporarily banning the use of any products containing the herbicide aminocyclopyrachlor to rights-of-way after finding widespread tree deaths along a scenic highway that cuts across the center of the state. While Oregon is the first state to ban the chemical, it is not the first instance of the pesticide killing stands of established, otherwise healthy trees. In 2014, chemical company DuPont settled a class action lawsuit totaling over $1.8 million in civil penalties after its aminocyclopyrachlor product Imprelis was cited for misbranding and failure to report adverse incidents of trees dying after applications. Oregon first encountered evidence of abnormal growths, curling, and die-backs of coniferous trees along roadsides back in 2012. A report on tree damage produced by ODA in 2015 narrowed the cause down to the use of aminocyclopyrachlor-based herbicides, including DuPont’s Imprelis, as well as Bayer’s Perspective. At the time, ODA indicated the U.S. Forest Service (USFS) had sent letters to the agency requesting the cessation of aminocyclopyrachlor use along roadsides. Oregon officials indicate that the contractor did stop spraying the chemical in areas cited in the report. An update to the first report, published in […]

(Beyond Pesticides, September 27, 2018) The U.S. Environmental Protection Agency’s (EPA) Office of the Inspector General (OIG) released a report finding the agency’s practice of routinely granting “emergency” approval through its Section 18 program for pesticide use does not effectively measure risks to human health or the environment. The inspector general recommends EPA “develop and implement applicable outcome-based performance measures to demonstrate the human health and environmental effects of the EPA’s emergency exemption decisions.” EPA disagreed with the recommendation, leaving the issue of chronic overuse of the emergency exemptions unresolved. Under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the EPA has the authority to approve the temporary emergency use of unapproved pesticides if the agency determines the pesticide is needed to prevent the spread of an unexpected outbreak of crop-damaging insects, for example. But this provision has been widely abused. OIG’s report finds “significant deficiencies in the OPP’s online database management, in its draft Section 18 emergency exemption standard operating procedure and application checklist, and in its reports to Congress and the Office of Management and Budget.” Specifically, the report notes EPA, “does not have outcome measures in place to determine how well the emergency exemption process […]

(Beyond Pesticides, August 12, 2018) In a stunning legal victory for a man who contracted non-Hodgkin lymphoma (NHL) after using the herbicide glyphosate (Roundup), groundskeeper Dewayne Johnson won a $289 million jury verdict against the chemical’s manufacturer, Monsanto. The jury on August 10, 2018 awarded the 46-year old Mr. Johnson $39 million in compensatory damages, and $250 million in punitive damages. The jury found that Monsanto acted with “malice or oppression.” “We applaud and thank Mr. Johnson, and his family and attorneys, for persevering in this litigation, which sets a critically important standard for protecting people’s right not be poisoned by pesticides in the marketplace,” said Jay Feldman, executive director of Beyond Pesticides. Mr. Feldman continued: “While we know that the jury verdict cannot restore Mr. Johnson’s health, we believe that the verdict is a clarion call to manufacturers that ignore the devastating impact that their products can have on unsuspecting workers, consumers, and families. We look forward to the day in the not-too-distant future when we recognize as a society that products like glyphosate (Roundup) are not necessary, and effective and affordable land and building management can be achieved without toxic chemicals. The case should also signal to all […]

(Beyond Pesticides, July 25, 2018) The Village of Franklin Park has become the third and latest community in the state of Illinois to pass a resolution urging the state legislature to repeal its preemption statute, which prevents localities from passing laws that are stricter than the state’s pesticide law. The victory in Franklin Park comes after the Village of Oak Park and town of Evanston, IL both passed their own preemption repeal resolutions in February 2017. Advocates who pushed for these resolutions, including regional groups Go Green Oak Park and Midwest Pesticide Action Center (MPAC), are hoping Franklin Park’s move is a sign of more local action to come on this critical democratic principle. Meanwhile, Congress is considering a provision in the Farm Bill that will prohibit, or preempt, local municipalities from restricting pesticides in their jurisdictions. “Illinois beekeepers reported the second highest bee mortality rate in 2015,” said MPAC’s Assistant Director and Communications Manager Ryan Anderson. “MPAC supports local action over state action in these cases where state pesticide regulations do not do enough to protect pollinators, children, and wildlife.” A 1991 Supreme Court Case, Wisconsin Public Intervenor v. Mortier, established that federal pesticide law – the Federal Insecticide Fungicide […]

(Beyond Pesticides, June 25, 2018) Ten organizations filed an Amicus brief last week in support of a 2015 landmark Montgomery County, Maryland ordinance that restricts the use of toxic pesticides on public and private land within its jurisdiction. The law, intended to protect children, pets, wildlife, and the wider environment from the hazards of lawn and landscape pesticide use, is on appeal from a Circuit Court ruling in August 2017 which struck down aspects of the ordinance that apply to private property. The Montgomery County Council decided to appeal the Circuit Court ruling based on an outpouring of public support, and the advice of its legal team that the County has a reasonable chance of prevailing. The case will now be heard in front of the Court of Special Appeals of Maryland. The plaintiffs in the case, which include the pesticide industry group Responsible Industry for a Sound Environment (RISE), local chemical lawn care companies, and a few individuals, allege that the local ordinance is preempted by state law, despite the fact that Maryland is one of seven states that has not explicitly taken away (or preempted) local authority to restrict pesticides more stringently than the state. The law at […]

(Beyond Pesticides, June 6, 2018) By the close of 2018, three top neonicotinoid (neonic) pesticides, linked to the worldwide decline in bee populations, will be banned for outdoor use in the European Union (EU), based on the General Court of the European Union’s (GCEU) ruling last month. The GCEU, the equivalent of the U.S. Supreme Court, ruled in favor of taking precautionary action to protect pollinators from clothianidin, imidacloprid, and thiamethoxam. This ruling allows for the limited use of neonic-treated seeds grown in permanent greenhouses where contact with bees is not expected. In its lawsuit, multinational seed and chemical companies, Syngenta and Bayer –manufacturers of the neonics in question– argued unsuccessfully that the pesticides do not necessarily harm bees if farmers use them according to label instructions. Syngenta also sought compensation of approximately $435 million to offset market losses resulting from the ban, but that, too, was denied. In rejecting the arguments of Syngenta and Bayer, the high court aligned itself with the European Food Safety Authority (EFSA) and its assessment of the harm caused by the widely used pesticides. EFSA’s updated assessment, released in February of this year, provided convincing evidence that neonics represent a risk to wild bees and […]

(Beyond Pesticides, May 4, 2018) Environmental Protection Agency (EPA) Administrator Scott Pruitt proposed a new rule, on April 24, that, if adopted, will restrict the use of certain kinds of science research in the agency’s writing of regulations. Titled “Strengthening Transparency in Regulatory Science,” the rule will permit EPA to consider only research studies for which the underlying data are publicly available when considering new “significant” regulations — typically, those estimated to impose costs of $100 million or more. Supporters of the rule say that EPA has, in crafting regulations in the past, relied on “secret science” — studies for which the underlying data cannot necessarily be accessed by members of the public. At face value, this may sound reasonable. Administrator Pruitt and proponents call the proposed rule a plus for transparency that will boost public confidence in the science bases of EPA decision making. “Today is a red-letter day,” Mr. Pruitt told supporters at agency headquarters. “The science that we use is going to be transparent.” That so-called “transparency,” however, comes at a huge cost: the elimination of decades of scientific studies from consideration when EPA regulations are written. In studies over the past few decades, researchers frequently collected data — […]

(Beyond Pesticides, April 20, 2018) There is an extraordinary attack on local community rights to protect people and the environment from pesticides in the Republican Farm Bill, passed by the Agriculture Committee in the U.S. House of Representatives on April 18 on a straight party line vote. The language inserted in the Farm Bill amends the federal pesticide law with a provision that prohibits local governments from restricting pesticide use on private property within their jurisdictions. Local laws in two states, Maine and Maryland, will be overturned with final passage of this law in the U.S. House and Senate. In those 43 states that forbid local pesticide laws by state law, future reconsideration of this prohibition, pushed by the chemical and pest management industry, will be foreclosed. Local laws protecting the environment and public health have historically emerged out of local governments, with laws related to recycling, smoking, pet waste, building codes, and zoning. The fight to defend the authority of local governments to protect people and the environment has been ongoing for decades, reaching the U.S. Supreme Court in 1991. The Court specifically upheld the authority of local governments to restrict pesticides throughout their jurisdictions under federal pesticide law. […]

(Beyond Pesticides, April 17, 2018) In a case that appalled the nation, the U.S. Justice Department finally last week secured an indictment against an applicator who illegally applied a fumigant at a U.S. Virgin Island resort, causing devastating and long-term health effects to a family on vacation. Terminex has already been fined and paid a multi-million dollar settlement with the poisoned family. Jose Rivera, 59, was indicted last Thursday by a federal grand jury for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to the indictment, Mr. Rivera illegally applied fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands, including the condominium resort complex in St. John, where a family of four fell seriously ill in March 2015, announced Assistant Attorney General Jeffrey H. Wood of the Environment and Natural Resources Division and U.S. Attorney Gretchen C.F. Shappert for the District of the Virgin Islands.   The indictment alleges that Mr. Rivera knowingly applied restricted-use fumigants at the Sirenusa resort in St. John for the purpose of exterminating household pests on or about Oct. 20, 2014, and on or about March 18, 2015.  The defendant was also charged with applying the restricted-use pesticide in eight residential […]

(Beyond Pesticides, April 5, 2018) An industry-backed attempt to enact pesticide preemption in the state of Maine is officially over after bill LD 1853 was voted down by a 9-2 margin earlier this week.  The bill, introduced by state Senator Tom Saviello (R-Wilton), resembled a similar bill that failed in the same legislative committee last spring. With an ever increasing number of communities in Maine stepping up to protect their residents and unique local environment from pesticide contamination, the repeated introduction of preemption legislation means that health advocates and forward-thinking communities must continue to remain vigilant, and ready to fight to maintain their right to home rule. LD 1853 would have taken away the rights of Maine municipalities to enact policies which wholly apply to private property. “I thought if there was a bill that would come back before us again it would be different,” said state Representative Richard Pickett (R-Dixfield) to the Portland Press Herald. “But we virtually had almost a duplicate bill and that troubled me.” While last year’s failed legislation was modeled almost word for word from the notorious industry lobby group the American Legislative Exchange Council (ALEC), the changes in the new bill were superficial, and […]

(Beyond Pesticides, March 20, 2018) Regulations that separate ingredients in pesticide products as either “other/inert” or “active” have no scientific basis, according to a new review of the toxicity of formulated pesticide products published in the journal Frontiers in Public Health. Despite widespread awareness that “other” or “inert” pesticidal ingredients present toxicity concerns, only “active” ingredients undergo a full risk assessment, and pesticide products containing both active and inert ingredients are not tested in formulation before being sold to the public. Using glyphosate and neonicotinoid based products as examples, the study recommends sweeping changes to the way pesticide formulations are regulated in the Western world. Inert, or other ingredients –not disclosed on pesticide product labels, are often adjuvants that are added to a pesticide formulation to modify the effect of the active ingredient. However, they can also be sold separately and used in agriculture where pesticides are often “tank mixed” on site before application. Adjuvants take many forms, including surfactants, dyes, stabilizers, propellants, emulsifiers, solvents, antifoaming agents, and still other uses. Surfactants, likely the most common adjuvant, are added to a pesticide formulation in order slow the degradation time or improve the penetration of the active ingredient on a target […]

(Beyond Pesticides, February 22, 2018) Online retailer Amazon will pay $1.2 million in penalties to settle violations to U.S. regulations for selling illegal and misbranded pesticides in its online store. Under the terms of the settlement, Amazon will monitor and remove illegal pesticide products from its website. These products, mostly imported, were not registered for use and sale in the U.S. and can pose hazards to unsuspecting consumers. As part of an agreement with the U.S. Environmental Protection Agency (EPA) Amazon has agreed to pay $1.2 million in administrative penalties for nearly 4,000 violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by allowing third-party distributors to sell imported pesticide products on Amazon even though the products were not registered in the U.S. While agreeing to the settlement, Amazon neither admitted nor denied the specific facts alleged by the EPA. “This agreement will dramatically reduce the online sale of illegal pesticides, which pose serious threats to public health in communities across America,” EPA Region 10 Administrator Chris Hladick said in a news statement. The most concerning illegal products being sold are insecticide chalk products imported from Chinese manufacturers (3 pcs Cockroaches Bugs Ants Roach Kills chalk; Miraculous Insecticide Chalk; […]

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

(Beyond Pesticides, January 29, 2018) Scientists, public health managers, and others charged with protecting the health of the public and the environment at the U.S. Environmental Protection Agency (EPA) are being encouraged to exit the agency –as EPA Administrator Scott Pruitt plans to meet his goal of cutting agency staff and programs by 50 percent. Tell your Congressional delegation that EPA’s staff and budget cuts are false economy! Aides to Mr. Pruitt confirmed to the Washington Examiner that by the end of President Trump’s first term, the agency’s staff will be cut by nearly half. Administrator Pruitt told the Washington Examiner he was “proud” of his efforts to dismantle –some say cripple— the very agency he leads. This is false economy. It endangers the American public and its air, land, water, and biodiversity. EPA is responsible for enforcing the Safe Drinking Water Act, with a goal of making the nation’s waters fishable and swimmable. EPA enforces the Clean Air Act, which has cleaned up American cities, reducing illness and property damage from smog. And EPA is responsible for overseeing the clean-up of contaminated sites, thus preventing further pollution and illness. The agency also regulates pesticides under the Federal Insecticide, Fungicide, and […]

(Beyond Pesticides, January 19, 2018) Scientists, public health managers, and others charged with protecting the health of the public and the environment at the U.S. Environmental Protection Agency (EPA) are being encouraged to exit the agency. This, as EPA Administrator Scott Pruitt plans to meet his goal of cutting agency staff and programs by 50 percent. Aides to Mr. Pruitt confirmed to the Washington Examiner that by the end of President Trump’s first term, the agency’s staff will be cut by nearly half. Administrator Pruitt told the Washington Examiner he was “proud” of his efforts to dismantle, some say cripple, the very agency he leads, which is responsible for enforcing the Safe Drinking Water Act, the Clean Air Act, the pesticide registration program the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), and the Superfund toxic waste cleanup program, among others. By early 2021, Mr. Pruitt and his team are aiming to reduce the staff of what was nearly 15,000 to below 8,000. Among the people who are being encouraged to “retire” are more than 200 scientists and nearly 100 environmental protection specialists. According to the Washington Examiner, as of January 3, 2018, the EPA has 14,162 employees. The last time EPA was at […]

(Beyond Pesticides, October 25, 2017) Oregon is the most recent site of an effort by a locality to establish more-protective pesticide regulations than are provided by the state. Voters in Lincoln County, on the north-central Oregon Coast, approved a ballot measure earlier this year that established a ban on aerial spraying of pesticides in the county. Immediately, county landowners Rex Capri and Wakefield Farms, LLC, both of whom use aerial spraying on their properties, filed a legal challenge to the ordinance created through that vote. The issue is whether the state of Oregon has the legal authority to stop its local political subdivisions from adopting more rigorous than those enacted by the state. When the state of Maine considered legislation to preempt its local jurisdictions (take away their authority to act) this summer, Beyond Pesticides wrote, “The democratic process is foundational to the culture of Maine and the country. LD 1505 betrays the democratic process. Maine communities want to be able to adopt standards that exceed or are more stringent than state standards as a matter of public health and environmental protection, or quality of life. Why would a town or city want to do use its local authority to adopt […]

(Beyond Pesticides, October 20, 2017) Last week, the U.S. Environmental Protection Agency (EPA) announced that label changes to the herbicide dicamba would be made to try to minimize drift that has left thousands of acres of crops already damaged this season. The label changes include making dicamba “restricted use,” which allows only certified applicators to apply the chemical. Dicamba drift has been damaging farmers’ crops for at least two years due to the approval of new dicamba-tolerant genetically engineered (GE) crops. Advocates says that the new changes do not ensure that drift will be eliminated. According to EPA, the agency reached an agreement with the makers of dicamba, (Monsanto, BASF and DuPont) to restrict its application. This comes after hundreds of official complaints of crop damage related to dicamba across 17 states this year alone, leading to questions about the new formulation of the chemical used in genetically engineered (GE) crop productioon. New GE crops developed by Monsanto must be paired with specific formulations of dicamba, and thus led to a vast increase in dicamba use over the past couple growing seasons. Dicamba-based herbicide use has climbed dramatically as farmers have adopted, especially, Monsanto’s GE soybean seeds; in the 2017 season, 20 […]

(Beyond Pesticides, October 13, 2017) The U.S. Environmental Protection Agency (EPA) can better reduce risks from illegal pesticides by effectively identifying imports for inspection and sampling. This, according to a report from EPA’s Office of the Inspector General (OIG) released last month. The report finds low rates of inspection and sampling across the U.S. to stop the importation of pesticide products that violate federal laws, and recommends increased training and coordination between U.S. Customs and Border Protection to deter the import of harmful pesticides. EPA’s OIG conducted the report to determine whether EPA is effectively identifying imported pesticides for inspection and sampling to deter imports of harmful pesticides and protect human health and the environment. The report, published September 28, 2017, finds there is limited assurance that imports in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which regulates the use and importation of pesticide products, will be identified or prevented entry into the U.S. According to the report, EPA is at risk of not effectively identifying imported pesticides for inspection and sampling. For instance, EPA regions did not meet the voluntary frequency goal of inspecting two percent of all shipments of imported pesticides nationwide in fiscal years […]

(Beyond Pesticides, August 8, 2017) More than 1,400 official complaints of crop damage related to the herbicide dicamba have been recorded across 17 states this year, leading some to question a new formulation of the chemical used in genetically engineered (GE) fields. Dicamba, a toxic pesticide prone to drift off the target site, has been used in agriculture for decades. However, new GE crops developed by Monsanto must be paired with specific formulations of dicamba, and until now many believed these drift incidents were the result of illegal formulations of dicamba being applied to fields. But the extent of damage now being observed, covering over 2.5 million acres, is casting doubt on this theory, and raising more questions as to whether the new dicamba formulation is actually the cause of the widespread drift damage. Fruits and vegetables, as well as other crops that are not genetically engineered to tolerate dicamba are often left cupped and distorted when exposed to the chemical. Monsanto, DuPont Co. and BASF SE sell new formulations of the herbicide for use on dicamba-tolerant soybeans and cotton, and state enforcement officials and farmers have attributed last year’s damage incidents to off-label uses of older dicamba products. Initial reports began to surface […]

(Beyond Pesticides, July 17, 2017) Last week, Center for Food Safety (CFS) filed a legal petition demanding major updates and improvements to the U.S. Environmental Protection Agency’s current review of pesticides. The petition specifically seeks to compel EPA to require that pesticide companies provide safety data on all ingredients of a pesticide products, or formulations, both active and inert. The agency generally only requires data on a pesticide product’s active ingredient, despite evidence of potential hazards associated with synergism between ingredients, including inert (undisclosed) ingredients, and other pesticides applied in combination. According to Amy van Saun, attorney with CFS, “EPA’s job is to ensure pesticides are safe for children, families, and the environment, but numerous pesticides have other ingredients or combined effects that are causing significant risks and harm. EPA’s outdated and insufficient safety assessment endangers the public welfare and must be brought into the 21st century.” The CFS petition requests the following actions from EPA: Revise pesticide registration regulations to take into account all pesticide ingredients (active, inert and adjuvant) and their effects on the environment. Revise pesticide registration regulations to require whole pesticide formulation and tank mixture testing to take into account synergistic effects. Revise pesticide registration regulations to require inert […]

(Beyond Pesticides, June 12, 2017) Once again, there are reports that soybean and cotton fields are being damaged by off-site drift of the toxic herbicide dicamba. Last summer, farmers in Missouri, Arkansas, and Tennessee reported widespread crop damage from dicamba drift, which led to reduced yields. The U.S. Environmental Protection Agency (EPA) launched a criminal investigation at several Missouri locations into what they said was the illegal spraying of dicamba in October 2016. This year, reports of dicamba drift and damage are already being reported in Arkansas, and 25 formal complaints have already been filed, according to the state Plant Board. In summer 2016, illegal applications of dicamba damaged thousands of acres of soybeans, cotton, ornamental trees and fruits and vegetables. After numerous complaints, EPA launched a criminal investigation into the illegal spraying of dicamba, an investigation that is still ongoing. Many suspect that farmers who planted Roundup Ready 2 Xtend® and XTENDFLEX® Cotton, the new dicamba-tolerant genetically engineered (GE) seeds in the region, when faced with a proliferation of pigweed, illegally sprayed dicamba across their fields leading to drift and off-site crop damage to other farmers. This year, although it is too early to say how many acres have been affected or what specific […]

(Beyond Pesticides, June 6, 2017) Last week, the U .S. Court of Appeals for the Ninth Circuit concluded that the U.S. Environmental Protection Agency (EPA) failed to show that its conditional registration of the antimicrobial, nano-silver pesticide product “NSPW-L30SS” (previously “Nanosilva”) is in the public interest and revoked its registration. The case, brought by the Natural Resources Defense Council (NRDC) and the Center for Food Safety (CFS), challenged the approval of the novel nanotechnology which was marketed for use in an unknown number of textiles and plastics. The decision underscores the need for EPA to ensure pesticide products, including nanomaterials, meet the standards of federal pesticide law. According to the Center for Food Safety, the Court’s decision is the first of its kind to address EPA’s responsibilities in issuing conditional registrations of new pesticide products like NSPW-L30SS. In its ruling, the Court ruled that EPA had failed to show that “conditional approval” of NSPW-L30SS as a new pesticide supported a public interest finding by the EPA with substantial evidence. EPA had conditionally registered the controversial pesticide back in 2015. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA can only conditionally register new active ingredients, such nanosilver particles, if EPA […]

(Beyond Pesticides, May 26, 2017) On Wednesday, the U.S. House of Representatives voted to pass a bill that would reverse an Environmental Protection Agency (EPA) requirement to obtain a permit before spraying pesticides on or near waterways. The passage of HR 953, The Reducing Regulatory Burdens Act (known by environmentalists as the “Poison Our Waters Act”), is the latest update in a multi-year string of attempts to rollback commonsense protections for the public waterways all Americans use for swimming, fishing, and other forms of recreation. It will now move forward to be considered by the Republican-majority Senate, where it will most likely pass and be signed into law. HR 953, if signed into law, would reverse a 2009 decision issued by the 6th Circuit Court of Appeals, in the case of National Cotton Council et al. v. EPA, which held that pesticides applied to waterways should be considered pollutants under federal law and regulated under the Clean Water Act (CWA), through National Pollutant Discharge Elimination System (NPDES) permits. Prior to the decision, the EPA, under the Bush Administration, had allowed the weaker and more generalized standards under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) to be followed. This allowed pesticides to be discharged […]