17
Jul
Final Arguments Made in Court to Ban Chlorpyrifos
(Beyond Pesticides, July 17, 2018) Last week, closing arguments were made in the 9th Circuit Court of Appeals challenging the U.S. Environmental Protection Agency’s (EPA) refusal to ban chlorpyrifos, the pesticide science links to a host of neurological impairments in children. A coalition of labor and health organizations represented by Earthjustice asked a panel of three judges to overturn former EPA Administrator Scott Pruitt’s decision not to ban chlorpyrifos.
In June 2017, a dozen health, labor, and civil rights organizations represented by Earthjustice filed an administrative appeal to EPA urging the federal government to ban chlorpyrifos. The attorneys general of New York, California, Washington, Massachusetts, Maine, Maryland and Vermont also filed their own appeal calling for a ban. The groups also filed a court case that asked the 9th Circuit Court in San Francisco to decide the issues presented in the administrative appeal because of the likelihood of a delayed resolution by the EPA. This was the last hearing where the health and labor groups, as well as states, were able to present their arguments to the court of appeals and answer the judges’ questions. The New York Attorney General’s office also presented arguments on behalf of seven states, which intervened in the case and are also calling for a ban on chlorpyrifos. After the argument, the judges will issue a written ruling, which could be within weeks or months.
In March 2017, then Administrator Pruitt rejected the conclusions of EPA scientists, and independent scientific literature, and reversed a tentative decision from 2015 to revoke food residue tolerances of chlorpyrifos due to the chemical’s neurotoxic impacts. This would have effectively banned chlorpyrifos from agriculture. This decision stemmed from a petition and lawsuit filed by the Natural Resources Defense Council (NRDC) and Pesticide Action Network North America (PANNA) ten years ago, calling for EPA to revoke all chlorpyrifos tolerances and cancel all registrations. Pruitt’s decision came weeks after he met with the head of Dow Chemical, which sells chlorpyrifos under the name of Lorsban.
Decades of scientific data show that chlorpyrifos damages fetal brains and produces cognitive and behavioral dysfunctions, particularly in utero and in children. Even at low levels of exposure chlorpyrifos can impact the developing fetus in pregnant women resulting in impaired learning, change in brain functions, and alter thyroid levels of children into adulthood.
Epidemiological data also points to subpopulations that are disproportionately affected by chlorpyrifos exposures. Low-income African-American and Latino families, including farmworker families, continue to suffer the most, and this disproportionate impact creates an environmental justice issue that the agency must not continue to ignore. A 2016 study found lower IQ in children born to mothers who, during their pregnancy, were living in close proximity to chemical-intensive agricultural lands where OPs were used. A 2015 study found that a decrease in lung function in children was linked to exposure to organophosphates early in life. Another 2015 study found that prenatal exposure to chlorpyrifos is linked to tremors in children. Although organophosphate use was on the decline in the U.S., EPA has allowed the continued registration of many of these products.
Earthjustice’s appeal was filed on behalf of the League of United Latin American Citizens, United Farm Workers, Farmworker Association of Florida, Labor Council for Latin American Advancement, Farmworker Justice, GreenLatinos, National Hispanic Medical Association, Pineros y Campesinos Unidos del Noroeste, Learning Disability Association of America, California Rural Legal Assistance Foundation, Pesticide Action Network North America, and Natural Resources Defense Council.
In light of gross federal inaction on this highly neurotoxic pesticide, the state of Hawaii became the first in the nation to take a stand and ban chlorpyrifos. Governor David Ige signed SB3095 into law, in light of the unanimous support it received from lawmakers on both sides of the aisle. The statewide prohibition of chlorpyrifos will take effect beginning in January 2019. This legislative action marks the first time that any state in the country has passed an outright ban on the highly toxic pesticide. Hawaii’s law contains a caveat that allows the state’s Department of Agriculture (DOA) to grant special permits for companies that argue that they need more time to phase-out chlorpyrifos, but that exemption will end at the close of 2022. Lawmakers in New Jersey and Maryland have recently tried unsuccessfully to pass similar bans.
U.S. Senators Tom Udall (D-NM) and Richard Blumenthal (D-CT) have introduced a bill that would ban the use of the insecticide, chlorpyrifos. The Protect Children, Farmers and Farmworkers from Nerve Agent Pesticides Act, S. 1624, comes one week after an appeals court refused to require EPA to make a decision over whether to ban the chemical.
Take Action: To oppose the continued allowance of chlorpyrifos and other noxious pesticides in your community, write or call your US Congressional Representative. Urge them to support the Protect Children, Farmers, and Farmworkers from Nerve Agent Pesticides Act of 2017 to safeguard schools, neighborhoods, and workplaces from the unnecessary exposure to this neurotoxin. Learn more about the fate, effects, and impacts of pesticides, including chlorpyrifos, by visiting Beyond Pesticides’ Pesticide-Induced Diseases Database. Also, consult Beyond Pesticides’ factsheet Children and Pesticides Don’t Mix, which cites peer-reviewed scientific literature on the health effects of pesticides.
All unattributed positions and opinions in this piece are those of Beyond Pesticides.
Source: Earthjustice Press Release









(Beyond Pesticides, July 16, 2018) Legislative Sneak Attacks Continue. Yet another bill has been introduced in Congress to remove accountability from Monsanto/Bayer for its glyphosate herbicide Roundup.™ The so-called “Accurate Labels Act†(S.3019/H.R.6022) would repeal most, if not all, existing labeling and information disclosure laws adopted by state or local governments, including California’s Safe Drinking Water and Toxic Enforcement Act (Prop 65), which has been responsible for the removal of hundreds of dangerous toxic chemicals, including lead, cadmium, and mercury, from commercial and consumer products nationwide.
(Beyond Pesticides, July 13, 2018) Earlier this year,
(Beyond Pesticides, July 12, 2018) Neonicotinoid insecticides have become notorious for their
(Beyond Pesticides, July 11, 2018) Ecologically-based farming systems contain far fewer pests and generate much higher profits than their conventional, chemical-based counterparts according to research
(Beyond Pesticides, July 10, 2018) Scott Pruitt’s resignation as Administrator of the U.S. Environmental Protection Agency (EPA) took effect Monday under a cloud of ethics investigations and alleged collusion with industry to systematically undermine, dismantle, and reverse critical protections for air, water, and workers. Deputy Administrator Andrew Wheeler will take the helm as Acting Administrator after serving as Deputy Administrator, a position that required Senate confirmation. Mr. Wheeler, a lawyer who worked in the toxics office at EPA under Presidents George H.W. Bush ad Bill Clinton, as an aide to U.S. Senator Jim Inhofe (R-OK) – a denier of climate change – and the Senate Committee on Environment and Public Works (EPW), and as a lobbyist for the coal and chemical industry, told the Washington Post: “[I] would say that the agenda for the agency was set out by President Trump. And Administrator Pruitt has been working to implement that. I will try to work to implement the president’s agenda as well. I don’t think the overall agenda is going to change that much, because we’re implementing what the president has laid out for the agency. He made several campaign promises that we are working to fulfill here.”
(Beyond Pesticides, July 9, 2018)Â The Center for Biological Diversity (CBD) is urging the U.S. Fish and Wildlife Service (FWS) to take action to protect 23 wildlife species in the Southeast that are at risk of extinction. Citing deep concerns about unprecedented assaults on the Endangered Species Act (ESA),
(Beyond Pesticides, July 6, 2018) Two years ago, thirteen bald eagles were found dead on a farm in Maryland. Now the investigation has revealed that these birds died after ingesting the highly toxic pesticide, carbofuran. Carbofuran, whose use has been phased out in the U.S., is so toxic to birds that one granule is all it takes to kill. Irresponsible and illegal use of pesticides is still responsible for primary and secondary poisonings of wildlife, as is the case of these bald eagles.
(Beyond Pesticides, July 5, 2018) With mosquito season in full swing throughout the U.S., land managers and abatement districts can be well served by employing biological controls in the form of fathead minnows (
(Beyond Pesticides, July 2, 2018)Â The U.S. House of Representatives is considering
(Beyond Pesticides, June 29, 2018)Â It is widely known that pollinators are in trouble. In light of this,
(Beyond Pesticides, June 28, 2018)Â Having voted to allow retail recreational cannabis sales as of January 1, 2018,
(Beyond Pesticides, June 27, 2018)
(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.
(Beyond Pesticides, June 22, 2018) Mosquito misters pose a threat to human health. They also harm bees and other flying pollinators and are the least effective way to deal with biting mosquitoes. These devices are typically placed outdoors and spray insecticides –mostly in an attempt to control mosquitoes. In May, the Connecticut state legislature
(Beyond Pesticides, June 21, 2018) In a letter sent by the Center for Biological Diversity (CBD), the U.S. Fish and Wildlife Service (FWS) is being urged to complete status reviews and listing proposals for 23 wildlife species in the Southeast that are at risk of extinction. Citing deep concerns about unprecedented assaults on the Endangered Species Act (ESA), the letter reiterates the critical need for FWS to provide timely protection to the most critically imperiled species.
(Beyond Pesticides, June 20, 2018) Bumblebee queens that wake up from hibernation to a neonicotinoid-contaminated, monofloral landscape take longer to set up their nest and die-off at higher rates, according to new
(Beyond Pesticides, June 19, 2018)Â Some 200 members of a 
(Beyond Pesticides, June 14, 2018) With nearly 40% of Americans diagnosed as clinically obese, leading to health care costs estimated at over $200 billion, researchers are focusing on ways individuals can reduce their exposure to chemicals that contribute to weight gain regardless of diet or exercise. These chemicals, known as “obesogens,†include a range of consumer products, from pesticides to plastics and flame retardants. While diet and exercise remain critically important to fighting the ongoing obesity epidemic, obesogens may be working to increase appetite, fat storage, or make it more difficult for the body to shed fat once it is gained.
