(Beyond Pesticides, April 30, 2018) Organic standards are under attack in the Farm Bill, H.R. 2, passed by the Agriculture Committee in the U.S. House of Representatives and in language emerging in the Senate Agriculture Committee. This adds to the attacks on which we have previously taken action. Tell Congress to Vote Against the Farm Bill if It Weakens Organic Standards The Organic Foods Production Act (OFPA) gives the National Organic Standards Board (NOSB) broad authority and responsibility to ensure organic integrity. The Farm Bill contains provisions that: Will permit the U.S. Department of Agriculture (USDA) to sidestep the NOSB in allowing post-harvest handling substances (sanitizers) to be used in organic production; Change the classification of types of people who may be appointed to the NOSB by adding employees of farmers, handlers, and retailers; and Force consideration of the judgment of the Food and Drug Administration (FDA) and Environmental Protection Agency (EPA) when those agencies find a material to meet their own (less stringent) criteria for use. These provisions are a direct attack on the strength of organic standards. When OFPA was passed and placed under USDA authority, Congress established a board composed of members of the organic community –farmers, handlers/processors, […]

(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 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 6, 2018) Dover, New Hampshire is the latest community in the U.S. to restrict the use of toxic pesticides, and move towards organic land management on all public property. By a unanimous vote of the City Council last week, Dover passed a resolution that requires the management of city land with “sound land management practices, and the use of least toxic compounds only when necessary,  . . .  thereby eliminating exposure to toxic pesticides on the part of our citizens and the environment.” The ordinance also instructs the city manager to “develop and execute a plan to transition the City to eliminate the use of synthetic fertilizers on City property.” The resolution was spearheaded by Non Toxic Dover, a group of local advocates that engaged the city government on this issue for several years. “We are so grateful to the City of Dover NH for voting unanimously to take this important step to protect public health and our Great Bay estuary,” said Diana Carpinone, founder of Non Toxic Dover and lead advocate in the city for the new resolution. Ms. Carpinone said: “Thank you to the council and especially Councilor Shanhan for sponsoring the resolution. We look forward […]

(Beyond Pesticides, January 10, 2018) At the end of 2017, the City of Carlsbad, CA voted unanimously to adopt a policy prioritizing the use of organic and defined “least-toxic” pesticides to manage pest problems on city-owned and controlled property and public rights-of-way. Buoyed by a strong and growing coalition of  Non Toxic advocates fighting for a healthier environment for their children, pets, and wildlife, Carlsbad is the newest in a string of southern California communities that are implementing safer pest control practices. In recognition of the significant progress and activity in southern California communities, Beyond Pesticides’ 36th National Pesticide Forum, Organic Neighborhoods: For healthy children, families, and ecology, will take place in Irvine, CA from April 13-14, 2018 (stay tuned to Beyond Pesticides’ website for additional updates!). Carlsbad’s new policy is, in fact, an update of an Integrated Pest Management plan the City last reviewed in 2003. While its previous policy only addressed City parks, the new plan will include all City maintained or operated land and facilities. The policy also takes a much tougher approach against toxic pesticides, prioritizing the use of organic products first and foremost when pest problems arise. Importantly, the policy also places pesticides last on the list […]

(Beyond Pesticides, January 5, 2018) After 11:00 pm on January 3, the City Council of Portland, ME voted unanimously (9-0) to restrict the use of toxic pesticides on all lawns and landscapes within the City, both public and private. Passage of the new pesticide ordinance, one of the strongest in the country, represents the culmination of nearly two and a half years of intense debate and discussion between residents, advocates, opponents, and City of Portland officials. Local and national health and environmental groups are praising the City for its diligence in addressing the issue, and its ultimate decision to restrict hazardous pesticide use in the face of insufficient protections from federal and state regulators. Read Beyond Pesticides’ and the Maine Organic Farmers and Gardeners Association’s (MOFGA) op-ed in the Portland Press Herald. Outside of Maine, the City of Portland now joins neighboring South Portland and other jurisdictions in the state of Maryland (the City of Takoma Park and Montgomery County ), which have taken similar action. Twenty-eight jurisdictions throughout Maine have restricted pesticides in various ways, including on public property, but the comprehensive Portland-style ordinance stops virtually all hazardous pesticide use in the community, on private and public property. In support […]

(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, May 24, 2017) A Hawai’i woman is suing her former employer, DuPont Pioneer, stating that the company retaliated against her for bringing up concerns over pesticide safety. Shanbnell Grilho, who worked for DuPont Pioneer on Oahu’s North Shore, alleges the company required her to apply hazardous herbicides without the proper training or protection, and ultimately fired her after fabricating allegations against her. This lawsuit is the latest claim against multinational pesticide companies operating in Hawai’i, which have been at the center of local and state-level disputes over their use of toxic pesticides where Hawai’i residents live, work, and play. In her complaint, Ms. Grilho indicates that she began working at DuPont Pioneer as a temporary employee, during which time she was awarded a raise and named DuPont Pioneer employee of the month. At the time she did not have to apply pesticides. However soon after her award, she was hired as a full time employee and required to work with Roundup, Liberty, and Honcho herbicides, which contain the active ingredients glyphosate, glufosinate, and glyphosate, respectively.  “DuPont Pioneer required plaintiff to apply herbicides and biocides while wearing a backpack sprayer, driving an ATV while applying herbicides with a backpack […]

(Beyond Pesticides, May 22, 2017) Last week, the Maine Legislature’s Committee on State and Local Government unanimously voted to reject a bill that would have prohibited the right of municipal governments to restrict pesticide use on private property. This victory protects the 27 cities and towns across Maine which are exercising their right to adopt pesticide restrictions that incentivize land management practices supporting healthy environments and allows other communities to follow suit. Opponents of the Governor’s bill successfully argued that its weakening of local control could violate the Maine Constitution. Proponents of the bill included industry trade groups, lawn care companies, and golf courses, who argued that the legislation was necessary to address the growing “patchwork” of local regulations. There is no evidence of this, and on the contrary, there has been a long history of local communities adopting ordinances to respond to matters of public health and welfare. According to the Portland Press Herald, the bill, LD 1505, was a “late introduction on behalf of [Governor] Paul LePage and reportedly mirrored model legislation promoted by the American Legislative Exchange Council, a conservative policy group that works with state lawmakers.” This group and others aim to suppress or preempt local […]

(Beyond Pesticides, May 10, 2017) Local authority to restrict pesticides is under attack in Maine, as Governor Paul LePage has introduced a bill that would explicitly preempt the right of municipal governments to restrict pesticide use on private property. The bill, LD 1505, mirrors chemical industry efforts to suppress or preempt local democratic action to adopt public health and environmental protections in order to allow the unimpeded marketing of hazardous products. Those industry groups that are leading the charge to preempt local government action have a vested economic interest in selling toxic products and services and stifling the market from moving toward greener alternatives. Passage of the bill in Maine would serve as a huge blow to many local communities that currently regulate pesticides more stringently than the state, as the bill also includes language voiding any local regulations that predate the bill. Communities that restrict pesticides recognize that pesticides released in the environment know no boundaries, so that use can contaminate air, water, and land throughout the community. The effort in Maine to preempt local pesticide ordinances is likely being advanced by the American Legislative Exchange Council (ALEC), given that the language is modeled after the organization’s State Pesticide Preemption Act, drafted […]

(Beyond Pesticides, April 27, 2017) Nine organizations filed an Amicus brief this 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 facing a legal challenge filed in November last year by the pesticide industry group Responsible Industry for a Sound Environment (RISE). The plaintiffs, which include 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 issue, 52-14 (the Healthy Lawns Act), which restricts the cosmetic lawn care use of toxic pesticides on public and private land, protects over one million people, the largest number to be covered by any local jurisdiction to date. Passing the Montgomery County Council by a vote of 6-3, the bill allows time for transition, training, and a public education program over several years. In limiting the pesticides […]

(Beyond Pesticides, February 24, 2017) Over the last two weeks, both Oak Park and Evanston, IL have taken steps to repeal preemption of local authority to restrict community-wide pesticide use in the state of Illinois. The Village of Oak Park has approved a Resolution in Support of the Repeal of the State Pesticide Preemption, and the City of Evanston has approved a Resolution Urging the State of Illinois to Repeal Preemption of Local Regulation of Pesticides. Both of these actions urge the state of Illinois to repeal the preemption of local government regulation of pesticides and re-establish the right of local home rule governments to adopt pesticide restrictions on public and private land within their jurisdiction, as they deem appropriate. The push to pass these resolutions grew out of hard work from passionate residents and activists. For the Village of Oak Park, a local advocacy group, Go Green Oak Park, reached out to Beyond Pesticides (see PAY Mail section) for assistance in talking to itslocal board about these issues. Peggy Mcgrath, a member of Go Green Oak Park, said about the issue: “Big corporations are calling more and more of the shots. To protect our government ‘ Of The People,’ […]

(Beyond Pesticides, February 1, 2017) Last week in North Miami, the City Council took a significant step that could reduce pesticide use in the community. The Council adopted an Integrated Pest Management (IPM) policy modeled after a plan developed by San Francisco in the mid-90’s. The plan does not ban pesticides and herbicides, but instead aims to reeducate citizens and county workers on least-toxic pest management strategies with the goal of eliminating toxic pesticide use on city property.  The IPM plan does not address pesticide use on private property, due to state preemption of local authority. With the passage of the North Miami’s resolution, city operatives will now be asked to give preference to available, safe and effective non-pesticide alternatives and cultural practices. As stated in the resolution’s Integrated Pesticide Management Program Guidelines, the goal of the policy is “to eliminate the application of all Toxicity Category I and Category II pesticide products by January 2018.” On top of eliminating certain pesticide categories, the resolution also calls for staff training and expert consultants, both of which have the potential to help ease the transition in pursuit of the 2018 goal, and priority will be given to efforts to reduce or eliminate pesticide use near […]

(Beyond Pesticides, December 24, 2016) Beyond Pesticides thanks our members and supporters for being a part of a critical movement to advance sustainable and organic land and building management in 2016. As our Daily News takes a holiday break, returning Tuesday, January 3, 2017, we hope you will join us in reflecting on the progress made this year, and the critical challenges that lie ahead. The road ahead We are entering a period in our nation’s history with many serious concerns about the protection of public health and the environment. We have heard the President-elect’s rhetoric about the overreach of the Environmental Protection Agency (EPA), the burden of regulatory compliance, and the need to dismantle environmental programs. The nominee for EPA Administrator is on record as challenging science and the value of environmental protection. In contrast, we have learned over the last several decades that protection of the environment contributes to a productive economy and healthier people. Beyond Pesticides’ databases track the scientific literature on pesticide hazards and alternatives, which clearly document the value of healthy ecosystems in providing ecosystem services that translate to reduced costs for farmers and land managers. Whether we’re talking about bees and other pollinators or predator insects, […]

(Beyond Pesticides, November 30, 2016) A landmark Montgomery County, Maryland ordinance, which protects children, pets, wildlife, and the wider environment from the hazards of unnecessary lawn and landscape pesticide use, is facing a legal challenge filed last week by the industry group Responsible Industry for a Sound Environment (RISE). The plaintiffs, which include 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. This challenge comes on the heels of a recent decision by the 9th  U.S. Circuit Court of Appeals, which struck down local laws in Hawaii aimed at protecting the environment from toxic pesticide use. An industry victory in Maryland state court would significantly impact the ability of local communities in Maryland to exercise their democratic right to adopt local public health and environmental protections that go above and beyond state and federal regulations that are deemed inadequate. The bill at issue, 52-14, which bans the cosmetic lawn care use of toxic pesticides on public and private land, protects over one […]

(Beyond Pesticides, November 22, 2016) Last week the 9th U.S. Circuit Court of Appeals struck down local county laws aimed at protecting residents’ health and the environment in Hawaii. The ruling, handed down by federal Circuit Judge Consuelo M. Callahan, finds that Hawaii state law is comprehensive in regulating pesticides, and “impliedly preempts” local jurisdictions from passing laws with stricter standards than the state’s. The decision represents a victory for Monsanto, Syngenta, and the agrichemical industry, and a blow to the efforts of grassroots activists that say Hawaii is “ground zero” for toxic and experimental pesticide and genetically engineered (GE) crop use. Judge Callahan’s ruling overturns a number of laws passed over the last several years on different Hawaiian Islands that all aim to protect residents, the environment, and organic farms from the toxic effects of pesticide use and drift from GE cropland. This includes Bill 2491, a measure in Kauai County that imposed common-sense buffer zones for pesticide use within 500 feet of schools and medical facilities, and within 100 feet of any park, public roadway, or shoreline that flows into the ocean. The bill withstood heavy industry lobbying, passed by a vote of 6-1 after a 19-hour council […]

(Beyond Pesticides, November 16, 2016) The U.S. Environmental Protection Agency (EPA) recently began an investigation of the agrochemical company Monsanto and home pest control giant Terminix for pesticide law violations in Hawaii. Scott Enright, director of the Hawaii State Department of Agriculture (HDOA), said that cases are often referred to EPA when they involve federal jurisdiction, repeat violations, or serious allegations. According to him, the Terminix case was referred to EPA because the complaint included multiple allegations, but he refused to share information about the details of the Monsanto case, citing policies against commenting on ongoing investigations. A third case against Wonder Farm has also been referred to EPA, making for a total of five pesticide-related cases in Hawaii the federal agency has worked on this year. The number of cases referred to EPA is not surprising, as Hawaii has long struggled to keep up with the demands of enforcing pesticide laws within the state. In the wake of these shortcomings, this past summer, Earthjustice sent a letter to EPA requesting that the agency notify the Hawaii State Department of Agriculture of its chronic failure to meet statutory duties for pesticides regulation and enforcement under the Federal Insecticide, Fungicide, and […]

(Beyond Pesticides, September 9, 2016) On Wednesday, City Council members of South Portland, Maine cast their final votes to pass an ordinance that bans the use of toxic lawn pesticides on private and public land. The ban, which passed 6-1, is an important public health measure in the protecting 25,000 residents,  the largest jurisdiction in the state to-date to adopt such as measure. In 2014, the Town of Ogunquit, Maine was the first jurisdiction to ban toxic lawn pesticides on both private and public land. Maine’s status as one of only seven states that does not preempt  local governments’ authority to restrict the use of pesticides on land within their jurisdiction empowers local governments to take this kind of protective action. Supporters of this ordinance, led by the local organization Protect South Portland, and supported by statewide organizations and  Beyond Pesticides, put together an effective campaign to educate council members, the public, and the media about the dangers of pesticides, and the effectiveness of organic land management practices that do not utilize toxic pesticides. Under the legislation, the provisions will be phased in, starting with city property on May 1, 2017, private property beginning May 1, 2018, and to golf […]

(Beyond Pesticides, August 23, 2016) “Fundamentally anti-consumer,” said U.S. Senator Richard Blumenthal (D-CT) of the new genetic engineered (GE) labeling bill signed into law by President Obama late last month. Senator Blumenthal’s frustration with the new legislation and its preemption of state-level laws such as Vermont and Connecticut’s led the Senator to announce he will be introducing a bill next session to repeal the divisive law. After years of state-level ballot initiatives in California, Oregon, Washington State, and Colorado, which were defeated after the chemical industry poured millions of dollars into ad buys that played on consumer fears of higher prices at the check-out line, Maine and Connecticut took a stand for consumer’s right to know. While their legislation required trigger clauses to go into effect, Vermont’s was passed shortly after without such a clause, and withstood a legal challenge from the multinational food and chemical industry. Vermont’s law propelled industry to move its efforts to Congress, and the state’s legislation actually went into effect on July 1, 2016, as industry was still working to garner the necessary votes for its new DARK deal.   Pushed forward by Senators Debbie Stabenow (D-MI) and Pat Roberts (R-KS), the new law has […]

(Beyond Pesticides, August 8, 2016) Last week, the Environmental Protection Agency (EPA) received a  letter  from Earthjustice requesting that the agency notify the Hawaii State Department of Agriculture (HDOA) of its chronic failure to meet statutory duties for pesticides regulation and enforcement under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and, if timely corrections are not made, to rescind HDOA’s primary enforcement authority completely. Earthjustice has asked EPA to immediately notify HDOA that it has failed to carry out its responsibilities, and, pursuant to FIFRA, to give the agency 90 days to correct its overwhelming shortcomings. If the problems, which include failure to enforce pesticide use violations and a large backlog of pesticide complaints and investigations dating back to as early as 2008, are not corrected and addressed within 90 days, Earthjustice requests that EPA revoke HDOA’s primary enforcement authority indefinitely.  In the event that HDOA’s authority to regulate is stripped, EPA would then take over the responsibility for enforcing pesticide use violations occurring within the state. Under FIFRA,  the federal statutory authority for  pesticide approval and use, EPA may  delegate to  a state primary responsibility for enforcing pesticide use violations if thestate has adequate pesticide laws and adequate […]

(Beyond Pesticides, August  1, 2016) As expected, President Obama signed into law an amendment to S. 764, the National Bioengineered Food Disclosure Law, which establishes a national GMO (genetically modified  organisms or genetically engineered-GE) food labeling requirement that food safety advocates say may be deceptive, preempts states from adopting stronger label language and standards, and excludes a large portion of the population without special cell phone technology. Pushed by Senators Debbie Stabenow (D-MI) and Pat Roberts (R-KS), the law is being characterized by its supporters as a compromise, stronger than the original legislation, the Biotechnology Food Labeling and Uniformity Act (S.2621), which was dubbed the Deny Americans the Right to Know (DARK) Act. That bill failed to reach cloture in the Senate in March. The U.S. Department of Agriculture, a big supporter of genetically engineered food production, will have two years to develop the standard, during which time it will assess the question of equitable access to the disclosure of ingredients. This new law will invalidate a stronger GMO labeling law that took effect in Vermont on July 1. The law, signed by the President on July 29, does very little to ensure that consumers will actually be able to […]

(Beyond Pesticides, July 5, 2016) Last week, Malibu City Councilmembers, in a unanimous decision (5-0), voted to make Malibu, California’s (CA) public spaces poison free, which means an immediate ban on all pesticides, rodenticides and herbicides. During a marathon meeting that ran into the early hours past midnight, more than 24 Malibu residents and stakeholders came to give public comments on pesticide use on public parks and city property. You can view the city council meeting here. The entire discussion and vote is included, starting at 3:29:37 (or section 6.A.). Many of the residents were with an community  group called Poison Free Malibu, which is a group that advocates for the elimination of toxic pesticide use in the area. According to the Malibu Times, Kian Schulman, RN, founder of Poison Free Malibu, gave a presentation on the effects of pesticide chemicals and their connection to diseases such as cancer and neurological issues like ADHD and Alzheimer’s. Ms. Schulman’s presentation included a picture of a city worker spraying pesticides on Legacy Park, while wearing a full hazmat suit as a child rode their bicycle close by. Several Poison Free Malibu supporters attended the meeting and gave a presentation on the adverse […]

(Beyond Pesticides, June 9, 2016) The U.S. Congress passed a bill Tuesday to reform the Toxic Substances Control Act (TSCA) of 1976, the national law that regulates industrial chemicals, but in the process took away the right of state governments to adopt more stringent standards than the federal government. A Senate voice vote late Tuesday passed the bill, following a House vote in late May. The bill will now go to President Obama’s desk for signature or veto, but it is likely that he will sign it into law. Congress has taken steps to address the vast shortcomings of the law to protect human health and safety, and  in the process has created opportunities for serious delays and restrictions on states’ ability to enact their own toxic chemical regulations.  As the bill heads to President Obama, environmental advocates are concerned that they will lose an important tool in the fight for public protections —with the adoption of federal legislation that will  diminish the right of states and communities to establish protective laws, regulations, and standards in the face of involuntary toxic chemical exposure. Under  current TSCA law, around 64,000 chemicals are not subject to environmental testing or regulation by the […]