(Beyond Pesticides, March 22, 2017) Today, a coalition of farmers and environmental and public health organizations filed a lawsuit against the Environmental Protection Agency (EPA) for approving agrochemical giant Dow Chemical’s toxic pesticide combo, Enlist Duo, among the newer more highly toxic pesticide mixtures used in genetically engineered (GE) herbicide-tolerant crops. Comprised of glyphosate and 2,4-D (50% of the mixture in the warfare defoliant Agent Orange), Enlist Duo is typically marketed alongside commercial crops like corn, cotton and soybeans that are engineered to withstand pesticide exposure, leading to problems of resistance and driving the evolution of super weeds. This is the third lawsuit challenging EPA approval of Enlist Duo by petitioners, which include Beyond Pesticides, National Family Farm Coalition, Family Farm Defenders, Pesticide Action Network North America, Center for Food Safety, and Center for Biological Diversity, represented jointly by legal counsel from Earthjustice and Center for Food Safety. The lawsuit charges that approval of Enlist Duo “will lead to sharply increased spraying of toxic pesticides, harming farmers, neighboring crops, and wildlife.” Specifically farmers’ health and financial positions stand to be heavily impacted by the approval of Enlist Duo, as increased use will result in increased pesticide drift, an alarming concern especially […]

(Beyond Pesticides, March 13, 2017) Nearly 1 in 4 species of native bee is imperiled and at increasing risk of extinction. This, according to a new report from the Center for Biological Diversity (CBD), released earlier this month. The report is the first comprehensive review of the more than 4,000 native bee species in North America and Hawaii, and finds that more than half the species assessed are declining. With native bee decline increasing, advocates say it is imperative that action be taken to reduce toxic pesticide use and restore native habitats lost to chemical-intensive agriculture, urbanization, and climate change. The new analysis, Pollinators in Peril: A systematic status review of North American and Hawaiian native bees, reveals that more than 700 species are in trouble from a range of serious threats, including severe habitat loss and escalating  pesticide use. Key findings include: (1) among native bee species with sufficient data to assess (1,437), more than half (749) are declining; (2) nearly 1 in 4 (347 native bee species) is imperiled and at increasing risk of extinction; (3) many of the bee species lacking sufficient data are also likely declining or at risk of extinction, highlighting the urgent need for additional […]

(Beyond Pesticides, February 16, 2017) On Tuesday, the Natural Resources Defense Council (NRDC) sued the Trump administration for reversing a February 10 rule, published in the Federal Register, that designated the Rusty Patched Bumblebee an endangered species under the Endangered Species Act (ESA). The reversal  of the endangered species listing establishes a new review period until March 21. As to their reasoning for such a sudden change, the U.S. Fish and Wildlife Service (FWS) cited the White House memo instructing federal agencies to postpone the effective date of any regulations that had been published in the Federal Register, but not yet in effect. As discussed several days ago, the order by the Trump administration means that despite FWS’ determination that without federal action the species will likely become endangered, the Trump administration has 60 days to evaluate the decision for the purpose of “reviewing questions of fact, law, and policy.” The lawsuit, filed in the U.S. District Court for the Southern District of New York, argues that FWS violated the notice and comment requirements of public rulemaking for the delay on the bumblebee listing. In the lawsuit, NRDC states that, “Without valid explanation, opportunity for public input, or other legally required process, FWS […]

(Beyond Pesticides, February 14, 2017) Less than one month after the Rusty Patched Bumblebee’s listing as ‘threatened’ under the Endangered Species Act (ESA) by the U.S. Fish and Wildlife Service (FWS), the Trump Administration has reversed the order. On his first day in office, President Trump issued a memo instructing federal agencies to postpone the effective date of any regulations that had been published in the Federal Register, but not yet in effect. This order means that despite FWS’ determination that without federal action the species will likely become endangered, the Trump administration has 60 days to evaluate the decision for the purpose of “reviewing questions of fact, law, and policy.” Advocates for the imperiled species are urging the administration to allow the Rusty Patched Bumblebee to officially become the first bumblebee federally recognized under ESA. Although the Rusty Patched was once widespread throughout the United States and parts of Canada, it declined dramatically in the 1990’s, and now their populations are estimated to be less than 10% of what they once were.  On its website, FWS lists a number of threats to the Rusty Patched, including pesticides, habitat loss, disease, climate change, and intensive farming practices. Insecticides known as neonicotinoids, […]

(Beyond Pesticides, February 10, 2017) On Wednesday, the Natural Resources Defense Council (NRDC), along with Public Citizen and the Communications Workers of America, sued the Trump administration in the U.S. District Court for the District of Columbia in an attempt to block an executive order (EO) mandating that federal agencies zero out costs to regulated entities, while ignoring benefits to the public, environment, and natural resources. The so-called “Two for One” order requires agencies to propose the repeal of two regulations for every new regulation that is proposed. The Executive Order in question mandates that new rules have a net zero cost to regulated entities in fiscal year 2017, with no mechanism for taking into account the value of benefits they provide in the form of public protection. According to the complaint, “the Executive Order directs agencies to disregard the benefits of new and existing rules—including benefits to consumers, to workers, to people exposed to pollution, and to the economy—even when the benefits far exceed costs. The Executive Order’s direction to federal agencies to zero out costs to regulated industries, while entirely ignoring benefits to the Americans whom Congress enacted these statutes to protect, will force agencies to take regulatory […]

(Beyond Pesticides, January 27, 2016) Last week, farmers, environmentalists, and conservation groups filed a federal lawsuit that challenges the U.S. Environmental Protection Agency’s (EPA) approval of a new formulation of the toxic herbicide dicamba. The new formulation is called Xtendimax with Vapor Grip Technology, which is claimed to have lower volatility. The petitioners claim that EPA violated its duties under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) in issuing a conditional registration, and that it did not adhere to duties under the Endangered Species Act that require EPA to consult with the U.S. Fish and Wildlife Service to ensure registration would not harm any listed species. The organizations involved in the lawsuit are National Family Farm Coalition, Pesticide Action Network North America, Center for Food Safety, and Center for Biological Diversity, represented by legal counsel from Earthjustice and Center for Food Safety. Dicamba has caused a lot of controversy in the past. In August 2016, farmers in Missouri, Arkansas, and Tennessee confronted widespread crop damage and braced for lower yields as a result of agrichemical giant Monsanto’s botched roll-out of GE soybean and cotton crops. The company, whose current line of glyphosate-tolerant crops are failing to control weeds throughout […]

(Beyond Pesticides, January 23, 2017) Last week, the U.S. Environmental Protection Agency (EPA)  released its final Biological Evaluations of Three Chemicals’ Impacts on Endangered Species, which finds that chlorpyrifos and malathion likely have detrimental effect on 97 percent of all species listed and protected under the Endangered Species Act (ESA), while diazinon adversely affects 78 percent. According to EPA’s release on the subject, this is the “first-ever draft biological evaluations analyzing the nation-wide effects” of these registered chemicals on endangered species after decades of widespread use. The evaluations stem from a legal settlement with the Center for Biological Diversity (CBD) in which CBD sued EPA in April 2014 for its failure to comply with ESA, which requires the agency to carry out consultations with federal wildlife agencies while registering pesticides. According to Nathan Donley, Ph.D., a CBD senior scientist, “We’re now getting a much more complete picture of the risks that pesticides pose to wildlife at the brink of extinction, including birds, frogs, fish and plants. When it comes to pesticides, it’s always best to look before you leap, to understand the risks to people and wildlife before they’re put into use. The EPA is providing a reasonable assessment of those risks, many of which can be […]

(Beyond Pesticides, January 18, 2017) Despite science affirming its hazards, the U.S. Environmental Protection Agency (EPA) has expanded the registration of the toxic herbicide mixture, Enlist Duo, which contains 2,4-D and glyphosate, for use on genetically engineered (GE) cotton and extended its use on GE corn, soybean, and cotton from 15 to 34 states. This approval late last week comes at a time when widespread chemical use is threatening public health and the environment and weed resistance continues to grow, threatening farmers’ productivity and profitability. Over 600 public comments were submitted to EPA on this issue, with many comments vehemently opposing the current uses and the proposed expansion of uses. In its decision, EPA stated that Enlist Duo “meets the safety standard for the public, agricultural workers, and non-target plants and animal species.” However, as Beyond Pesticides stated in comments to the agency, EPA has not fully considered all the environmental costs, including the cost of tackling increased 2,4-D resistant weeds, crop and non-target damages from uncontrolled drift, as well as unanswered questions regarding synergistic chemical effects in non-plant species. Advocates predict weed resistance to Enlist Duo and have urged EPA to reject its continued use and incentive sustainable organic practices. Additionally, […]

(Beyond Pesticides, November 11, 2016) The U.S. Environmental Protection Agency (EPA) has registered a new formulation of dicamba to control weeds in cotton and soybean crops that have been genetically engineered (GE) to tolerate the chemical. The new formulation is called Xtendimax with VaporGripâ Technology, which is claimed to be specifically designed to have lower volatility. The registration, which is time-limited, will automatically expire after two years. According to the Center for Biological Diversity, EPA ignored the legal requirement to explore threats to endangered species, approving this new formulation without considering impacts to species protected under the Endangered Species Act. This decision comes directly after EPA announced that it is reapproving the toxic herbicide mixture Enlist Duo, and proposed to expand the number of crops and states in which it can be used. Dicamba has been linked to damage of the kidney and liver, neurotoxicity, and developmental impacts. The chemical has a strong propensity to volatilize small particles of the herbicide into the air and drift far off-site. Sensitive crop species can be damaged by dicamba at levels in the parts per million.  A study published by Pennsylvania State scientists in late 2015 found dicamba drift was “frequently responsible for […]

(Beyond Pesticides, November 10, 2016) In the wake of the monumental decision to elect Donald Trump as the 45th President of the United States, Beyond Pesticides’ work to protect public health and the environment is more critical than ever. On Tuesday, November 8, 2016  saw Mr. Trump prevail in winning the presidency, and Republicans hold on to their majorities in both the U.S. House and the Senate. In the coming months, the President-elect will deliberate on  cabinet appointments, which will impact pesticide and agriculture policy and the laws and regulations that have the capacity to protect citizens from the harmful effects of chemical intensive practices. According to an article in Scientific American, Donald Trump may  select Myron Ebell, “one of the best-known climate skeptics” and director of the Center for Energy and Environment at the Competitive Enterprise Institute, to lead his U.S. Environmental Protection Agency (EPA) transition team. This represents a  blow to  the environmental movement, which has been building momentum to fight global climate change, transition to organic agricultural systems, and protect the public from the threat of corporate mergers that threaten farmers, rural communities, and consumers. Despite having few details on environmental policy, it is clear from Donald […]

(Beyond Pesticides, November 4, 2016) After withdrawing in January its registration approval for the toxic herbicide mixture Enlist Duo, for use in genetically engineered (GE) crops, the Environmental Protection Agency (EPA)  announced  this week that it is not only reapproving  the chemical combination, but it is proposing to expand the number of crops and states in which it can be used. The expanded registration will allow the use of Enlist Duo on GE cotton and extend use to GE corn, soybean, and cotton from 15 states to 34 states. This follows an EPA review triggered by manufacturer claims that Enlist Duo ingredients have synergistic effects, which EPA had not evaluated. According to EPA, its latest review of the data found no synergistic effects. Ironically, this EPA-proposed expansion of pesticide use in GE crops across the U.S. comes on the heels of a front page Sunday New York Times exposé  that concludes “genetically engineered crops fail to increase yields and reduce pesticide use,” despite continuing claims to the contrary. Developed by Dow AgroSciences (Dow), 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. […]

(Beyond Pesticides, October 24, 2016) Systemic neonicotinoid (neonic) exposure is associated with reductions in colony size and changes in foraging behavior, according to a recent field study done by a team of scientists at Imperial College London. The senior author of the study, Richard Gill, Ph.D., stated that when neonicotinoid “exposure is relatively persistent and combined with other stressors associated with land use change, they could have detrimental effects at the colony level.” The study, Impact of controlled neonicotinoid exposure on bumblebees in a realistic field setting, assesses the effect of exposure to the neonic, clothianidin, on bumblebee foraging patterns and colony size. Clothianidin was given to 20 buff-tailed bumblebee colonies for five-weeks in a sugar solution at a concentration of 5 parts per billion, an environmentally relevant level of the pesticide. A bumblebee colony census was done before and after the field experiment, where the number of eggs, larvae, pupae, and workers bees were recorded along with the wax and pollen stores in the colony. The researchers found that the clothianidin treated colonies had fewer workers, drones and reproductive female bees compared to the colonies with no exposure. These data add to the growing body of research on sub-lethal […]

(Beyond Pesticides, October 7, 2016) For the first time in U.S. history, the U.S. Fish and Wildlife Service (FWS) has added a group of bees to the list of Endangered Species. FWS published a final rule last Friday that  declares seven species of yellow-faced bees (genus Hylaeus) that are native to Hawaii as endangered. This announcement immediately follows last week’s news that FWS has proposed listing the rusty patched bumble bee as an endangered species under the Endangered Species Act (ESA). While the decision is great news for these bees and the environmental groups who have fought to protect them, there is still much work that needs to be done, and FWS says that it needs additional time to identify specific areas to be designated as critical habitat for the endangered bees. Further, though FWS has identified many threats to bees, including habitat loss and degradation due to urbanization, and other human activities, the final rule does not specifically point to pesticides. However, there is an overwhelming amount of research demonstrating that neonicotinoid insecticides, working either individually or synergistically, play a critical role in the ongoing decline of bees and other pollinators. Neonicotinoids have been linked to a range of […]

(Beyond Pesticides, September 23, 2016) The U.S. Fish and Wildlife Service (FWS) has proposed listing the rusty patched bumble bee as an endangered species under the Endangered Species Act (ESA). This is a victory for environmental groups who have fought to protect the rusty patched bumble bee from widespread threats such as habitat loss and pesticide use. The FWS proposal opens a 60-day public comment to allow agencies, groups and interested people to comment and provide new information. The public comment period is open through November 21, 2016. You can submit comments soon by visiting the docket, here. According to FWS, the rusty patched bumble bee was once widespread across the United States and parts of Canada, but declined dramatically in the 1990s. Their populations dwindled and have declined by 91 percent. FWS acknowledged  that the bumble bee populations considered for this proposal have not been reconfirmed since the early 2000s, meaning that currently there may be even less of the species left. Threats to the rusty patched bumble bee include diseases introduced by commercial bumble bees that are not free of pathogens and are released near wild populations. Climate change plays a part, along with habitat loss from industrial […]

(Beyond Pesticides,  September 6, 2016) “The Food and Drug Administration (FDA) decision today to remove the antibacterial triclosan, found in liquid soaps (toothpaste use will remain), is a long time coming,” Jay Feldman, Executive Director of Beyond Pesticides, said today. He continued: “The agency’s failure to regulate triclosan for near two decades, as the law requires, put millions of people and the environment at unnecessary risk to toxic effects and elevated risk to other bacterial diseases. Now, FDA should remove it from toothpaste and EPA should immediately ban it from common household products from plastics to textiles.” Many companies had decided under consumer pressure to remove triclosan from its liquid soap products years ahead of the FDA decision today. FDA’s announcement today indicates that soaps containing the antibacterial ingredient triclosan do not have substantiated germ-killing health benefits. Beyond Pesticides raised concerns about the health effects of triclosan in 2004 in its piece The Ubiquitous Triclosan, and petitioned the agency to ban the chemical in 2005. In 2015, triclosan was banned in the European Union. For nearly two decades, scientific studies have disputed the need for the chemical and linked its widespread use to health and environmental effects and the development […]

(Beyond Pesticides, April 29, 2016) Traces of pesticides, including the long-banned organochlorine chemical DDT, have been found in Western pond turtles, insects, and soil sediment at Sequoia National Park, according to a study.  The study, entitled Organic contaminants in western pond turtles in remote habitat in California  and published in the journal Chemosphere, surveys a suite of 57 current- and historic-use pesticides, polychlorinated biphenyls (PCBs), and polycyclic aromatic hydrocarbons (PAHs) in the western pond turtle, along with their potential prey items and habitat. California study sites include Sequoia National Park, Whiskeytown National Recreation Area, and Six Rivers National Forest, all of which are downstream of undeveloped watersheds and varied in distance from agricultural and urban pollution sources. Researchers found that organic pollutants are widespread in the western pond turtle, which has conservation status; that pesticides are prominent in Sequoia National Park, which is downwind of heavy agriculture; and that the legacy  pesticides and PCB concentrations indicate that bioaccumulation is occurring. Brian Todd, Ph.D., an associate professor of wildlife, fish, and conservation biology at University of California Davis, co-authored the study. Dr. Todd said controlling the flow of pesticides into national parks is pretty much impossible. “Sequoia National Park is very […]

(Beyond Pesticides, April 12, 2016) Two commonly used pesticides are “likely to adversely affect” 97% of species listed under the Endangered Species Act (ESA), according to a first of its kind national assessment by the U.S. Environmental Protection Agency (EPA). The determination is part of a settlement reached by EPA and the Center for Biological Diversity, which requires the agency to complete a review of the impact of organophosphate pesticides chlorpyrifos, malathion, and diazinon by December 2017, and two carbamate class pesticides, methomyl and carbaryl, by the end of 2018. Under ESA Section 7, any agency action that it  authorizes, funds, or carries out must find that it  “is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat.” Under ESA, EPA is required to consult with the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) when registering a pesticide, in order to mitigate risks to endangered species. However, EPA routinely disregards this requirement, and has been sued numerous times for failing to ensure adequate protections for endangered species. Although CBD’s original lawsuit targeted potential pesticide impacts on California’s threatened red-legged frog, […]

(Beyond Pesticides, March 1, 2016) Under the terms of an agreement reached lasted month, the U.S. Fish and Wildlife Service (FWS) will begin studying the effects of four commonly used herbicides on the health of 1,500 endangered species in the United States. Based on the terms of the settlement, the result of a series of lawsuits launched by the Center for Biological Diversity (CBD), FWS must develop a  plan to mitigate the effects of glyphosate, atrazine, and its chemical cousins propazine and simazine, on any threatened or endangered species. “This agreement will result in long-overdue protections for our country’s most endangered species,” said Brett Hartl, endangered species policy director at CBD. “Once the Fish and Wildlife Service completes its analysis, and the public finally learns just how toxic and deadly these pesticides are to endangered species, we hope that the government will ultimately take most of these products off the shelf.” Under the Endangered Species Act (ESA), the Environmental Protection Agency (EPA) is required to consult with FWS and the National Marine Fisheries Service (NMFS) on the impacts of pesticides on endangered species when it registers a chemical under federal pesticide law (the Federal Insecticide Fungicide and Rodenticide Act, or […]

(Beyond Pesticides, January 29, 2016) This week, the 9th U.S. Circuit Court of Appeals handed a victory to Dow Chemical Company and its  efforts to keep the toxic pesticide Enlist Duo on the market, despite new safety concerns identified by the Environmental Protection Agency (EPA).  Enlist Duo has been marketed as a “solution” for the control of glyphosate-resistant weeds in genetically engineered (GE) crops, brought on by the  widespread use of Monsanto’s  Roundup  on glyphosate-tolerant (Roundup Ready) crops over the last decade. EPA asked the court at the end of November, 2015 to vacate its 2014 approval of Enlist Duo based on new information on the  toxic effects associated with the synergistic interactions of  the chemical cocktail of 2,4-D, glyphosate, and other undisclosed ingredients in the product to plants outside the treated area, including endangered plants. The three-sentence order, which does not include  the judge’s reasoning, denied EPA’s request. While considering other legal options, EPA can choose  to exercise it administrative powers by  canceling specific uses or the entire  registration of Enlist Duo under  its pesticide cancellation process, and within that process could choose to identify an imminent hazard and remove the pesticide from the market immediately, while it faces […]

(Beyond Pesticides, January 25, 2016) Monsanto filed a lawsuit in California last week seeking to prevent glyphosate, the main ingredient in its Roundup herbicide, from being added to California’s  list of known carcinogens under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Glyphosate is  classified  as a probable carcinogen by the World Health Organization’s International Agency for the Research of Cancer (IARC) based on sufficient  evidence  of carcinogenicity in experimental animals. This is the highest level carcinogen based on laboratory animal studies  under  IARC’s rating system. California law requires the state to keep a list of cancer-causing chemicals to inform residents of their risks. California Office of Environmental Health Hazard Assessment (OEHHA) said in September that it planned to add glyphosate to the list after the World Health Organization’s International Agency for Research on Cancer (IARC) classified it as a probable human carcinogen last March. Monsanto has disputed the assessment, citing decades of studies deeming glyphosate safe, including a 2007 study by OEHHA that concluded the chemical was unlikely to cause cancer. The agrochemical company said it filed the suit against the state’s OEHHA, citing the agency’s acting director, Lauren Zeise, in California state court, […]

(Beyond Pesticides, January 21, 2016) The Pest Management Regulatory Agency (PMRA) of Health Canada announced Tuesday that it intends to discontinue the granting of new conditional registrations under the Pest Control Products Act. In the U.S., conditional registrations have been controversial because they allow pesticide use  without complete data, as was the case with the neonicotinoid insecticide chlothianidin, linked to the decline in bee health. A startling number of pesticides, nearly 65% of the more than 16,000 pesticides now on the market, were first approved by the process of “conditional registration,” a loophole in which EPA allows new pesticides on the market without the full range of legally mandated toxicity tests.   Currently, the Pest Control Products Regulations grants conditional registration for pesticides only when “the review of the scientific data and information is sufficient to determine that the risks of a pesticide are acceptable, but PMRA requires additional information, such as monitoring data after a product registration, to confirm the results of models used in the risk assessment.” Because this change will only affect new registration applications and less than  one percent of all existing pesticide registrations in Canada are conditional, this action is unlikely to have a large […]

(Beyond Pesticides, January 13, 2016) Last Friday, the Willapa Grays Harbor Oyster Growers Association (WGHOGA) in Washington State sent a 71-page request to the Washington Department of Ecology (Ecology) asking state regulators to approve  a permit to  spray neonicotinoid insecticides  that are having devastating effects on the ecosystems worldwide. Yet, WGHOGA is pursuing a single-minded approach to chemically control the shrimp that are hurting their oyster crops, while using chemicals that the preponderance of science finds cause ecosystem imbalance. In  April 2015, much to the dismay of activists and concerned local residents, Ecology approved a permit for the use of imidacloprid (a neonicotinoid) to combat a growing native population of burrowing shrimp that threatens  valuable shellfish (oyster) beds in Willapa Bay and Grays  Harbor. But, with a  nationwide public outcry, the permit was withdrawn in May 2015. Ecology sent KING 5, a local Washington news agency, the below statement last Friday: “We received the permit application this morning from the Willapa Grays Harbor Oyster Growers Association to use imidacloprid on shellfish beds. It will take some time for us to review the 71-page application. On May 3 (2015) the Oyster Growers Association asked Ecology to withdraw their permit. Since then, […]

(Beyond Pesticides, November 25, 2015) In response to a lawsuit filed by environmental groups, the U.S. Environmental Protection Agency (EPA) yesterday revoked the registration of the toxic herbicide “Enlist Duo,” which contains the cancer causing 2,4-D and is central to future uses of genetically engineered (GE) crops in chemical-intensive agriculture. The marketing of this chemical in genetically engineered agriculture has become integral to the chemical industry’s response to weed resistance to the widely used herbicide glyphosate (Roundup), also identified as cancer causing this year by the International Agency for Research on Cancer (IARC). “Instead of looking for genetically engineered silver bullets that result in crop failure, we should be expanding organic agricultural systems that are productive and profitable, protect public health and the environment and slow global climate change,” said Jay Feldman, executive director of Beyond Pesticides. Approved by the agency just over a year ago, Enlist Duo is a combination of glyphosate and 2,4-D that Dow AgroSciences developed for use on the next generation of GE crops. EPA stated it is taking this action after realizing that the synergistic effects of the combination of these chemicals is likely significantly more harmful than it had initially believed, and that very […]