(Beyond Pesticides, October 21, 2015) Last week, Responsible Industry for a Sound Environment (RISE), an umbrella group representing pesticide manufacturers, celebrated its 25th year anniversary, touting its efforts to roll back critical protections from pesticide use in the U.S. The group emphasizes its role in quashing local government’s right to restrict pesticide use within its jurisdiction  after the Supreme Court, in Wisconsin Public Intervenor v. Ralph Mortier (1991), upheld local  authority under federal pesticide law. RISE, formed out of the National Agricultural Chemicals Association to fight government regulation at the federal, state, and local level, launched with a  plan to defeat those opposing pesticide use in favor of sustainable practices, including concerned mothers, progressive businesses, and local and national health and environmental advocates. The platform  RISE articulates  showcases its plans to influence regulators and consumers to allow the widespread and less restricted use of pesticides. In the 1990’s, RISE joined with another industry group, the American Legislative Exchange Council (ALEC), to seek the adoption in state legislatures across the country pesticide preemption laws, which were adopted in over 40  states. These laws prevent local governments from adopting  their own restrictions governing pesticide use  on private property. At one point, the […]

(Beyond Pesticides, October 13, 2015) Nineteen  European Union (EU) member states (Austria, Belgium (Wallonia), Bulgaria, Croatia, Cyprus, Denmark, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Solvenia, Scotland, Northern Ireland, and Wales) have opted out of approving GE cultivation except for research purposes. In the past, the EU has not been particularly fond of GE crops; currently, only one GE crop, insect resistant maize MON 810, has been approved for cultivation. In March, the EU passed a new directive that allowed GE crops to be approved for use Union-wide. Along with the Treaty on the Functioning of the EU (TFEU), that directive also gave member states the ability to “adopt legally binding acts restricting or prohibiting the cultivation of GMOs in their territory after such GMOs have been authorized to be placed on the Union market.” Once the opt-out applications have been processed and transmitted to the companies, they have one month to take action; that is, the companies most affected by the ban will have the chance to oppose it. Member states have cited environmental and agricultural issues as a reason for opting out and while biotechnology companies can deny them, it is likely that […]

(Beyond Pesticides, October 7, 2015) The largest county in the country to act to ban pesticides will forbid toxic pesticides on public and private land within its jurisdiction, based on legislation passed yesterday by a 6-3 vote. The ban, an historic public health measure, will protect one million people in a county outside Washington, DC, as it allows time for transition, training, and a public education program over the next several years. The amended bill was enacted with the support of Council President George Leventhal (the lead sponsor of the original bill), Councilmembers Marc Elrich, Tom Hucker, Nancy Navarro, Hans Riemer and Council Vice President Nancy Floreen, who voted in favor. Maryland is one of seven states that has not taken away (or preempted) local authority to restrict pesticides more stringently than the state. One of the cities within the county, Takoma Park, passed a similar ordinance back in 2013. The Town of Ogunquit, Maine  adopted a similar ordinance by ballot initiative in November, 2014. “Today’s action is another step in the ongoing effort to make Montgomery County the healthiest, safest county in the country,” said Council President Leventhal. “Countless studies have linked pesticides to a wide range of health […]

(Beyond Pesticides, September 17, 2015) On Tuesday, the City Council of Lafayette, Colorado unanimously approved a resolution to prohibit bee-toxic neonicotinoid insecticides on city property. The resolution restricts the use of neonicotinoids on any land owned or operated by the city, including public rights-of-way, parks, playing fields, watersheds and ditches, open space lands, and public landscapes. Modeled on  a resolution passed in May by neighboring Boulder city, the new resolution has been propelled through the City Commission with  support from grassroots organizations, including Bee Safe Boulder and Pesticide Free Boulder County Coalition. The resolution affirms that the City of Lafayette: Not purchase or use any neonicotinoid pesticides on city owned or operated land; Restrict city and agricultural contractors from using neonicotinoids like imidacloprid, clothianidin, thiamethoxam, dinotefuran, etc.; Provide exceptions only when emergency situations where the life or health of a valuable, important land asset is at risk, such as a valuable tree or golf course, and when the neonicotinoid application is the most effective option; Urge all residents and business in Lafayette to suspend neonicotinoids for use in seed treatment, soil application, foliar treatment, and other bee-attractive settings; Purchase landscape materials that have not been treated with neonicotinoids and urge […]

(Beyond Pesticides, August 27, 2015) Last week, Philip J. Landrigan, M.D., and Charles Benbrook, Ph.D., released a perspective article, GMOs, Herbicides, and Public Health, in the New England Journal of Medicine  that outlines  the hazards associated with food residues of  elevated pesticide use in the production  of genetically engineered (GE) crops. While mainstream media continuously misses the central issue  in the GE debate by asserting that these crops are merely an extension of selective breeding and effect a reduction in pesticide use, the authors  focus on  the significance of the actual increase in herbicide use and weed resistance in herbicide-tolerant crops. Drs. Landrigan and Benbrook offer two main recommendations in their article: the U.S. Environmental Protection Agency (EPA) should delay implementation of its decision to permit the use of Enlist Duo (the 2,4-D herbicide used with  Monsanto-engineered GE herbicide-tolerant  crop), and  the U.S. Food and Drug Administration (FDA) should  require labeling of GE foods and couple it with adequately funded, long-term postmarketing surveillance. Dr. Landrigan, Dean for Global Health at Mount Sinai School of Medicine, is an epidemiologist and pediatrician and one of the world’s leading advocates of children’s and environmental health. Dr. Benbrook is a research professor at the […]

(Beyond Pesticides, August 25, 2015) Last Friday, the City Council of Minneapolis, MN unanimously passed a resolution declaring Minneapolis a pollinator-friendly community and urging city residents to take steps to protect dwindling pollinator populations. A groundswell of public support from a wide range of local and national groups, including Beyond Pesticides, resulted in swift passage of the resolution, the latest in a long string of local government action to safeguard pollinators from harmful pesticides, as federal proposals fail to address the magnitude of the crisis. “With the passage of today’s resolution, Minneapolis is now doing its part in the global effort to protect and grow the pollinator populations,” Mayor Betsy Hodges said to CBS Minnesota. The resolution, introduced and written by Councilmember Cam Gordon, assigns a number of bee safe actions to various city departments. While the Health Department’s Environmental Services Unit will maintain a list of pollinator-friendly plants, the Community Planning and Economic Development Department and Property Services Division of the City Coordinator’s office will create habitat for local pollinators. The Minneapolis Public Works Department will pursue both increased bee habitat and adopt clear guidelines against the use of pesticides, including but not limited to systemic neonicotinoid  (“neonic”) insecticides, […]

(Beyond Pesticides, August 12 2015) Last week, the City of Plattsburgh, New York, unanimously approved a policy that encourages city departments and city residents to reduce and eventually eliminate their use of toxic pesticides, such as neonicotinoids and glyphosate. In the same resolution, city residents and department heads are also encouraged to refrain from genetically modified organism (GMO) cultivation, though they recognize there is very little of that taking place within Plattsburgh city limits. While this policy can only be used to discourage the use of pesticides and GMOs, not implement an outright ban, due to preemptive New York state law that occupies the field of pesticide regulation, city officials are hopeful that they will be able to use their influence to implore the state of New York and U.S. legislators to take statewide and nationwide measures on the production of GMO crops and to curb the use of toxic pesticides. The language of the resolution, sponsored by Councilman Mike Kelly, cites the health of honey bees and other insects as one of the main reasons for encouraging citizens to refrain from the use of pesticides in the practice of lawn care and beautification. It also specifically names neonicotinoids as […]

(Beyond Pesticides, July 29 2015) The  Safe and Accurate Food Labeling Act of 2015,  H.R. 1599, often referred to as the “DARK” Act or Denying Americans the Right to Know what is in their food, passed the U.S.  House of Representatives last week by a vote of 275-150. Backed largely by House Republicans, the DARK Act makes it harder for the Food and Drug Administration (FDA) to require mandatory national labeling of genetically engineered (GE) organisms and strengthens current policies that allow companies to voluntarily label foods containing GE products, an option they rarely choose to do. The bill also continues to allow misleading “natural” claims for food that contain GE ingredients. Most concerning, however, is the prohibition  that H.R. 1599 would place  on states’ authority to require labeling of GE ingredients in food products, instituting federal  preemption of state and local authority. While the bill was being debated on the floor, co-sponsors Representatives Mike Pompeo (R-KS) and G.K. Butterfield (D-NC) repeatedly cited a lack of scientific evidence that GEs were dangerous to support the passage of the bill, ignoring arguments from the opposition that people should be able to know what is in their food, regardless of whether it […]

(Beyond Pesticides, July 17, 2015) The U.S. House of Representatives may pass a bill against the labeling of genetically-engineered (GE) food before the end of July. The House could vote as early as next week on a bill to preempt states from requiring labels on food made with GE ingredients. Backers say that the passage of the bill, HR 1599, named the Safe and Accurate Food Labeling Act of 2015, but referred to by critics as the DARK (Deny Americans the Right to Know) Act, seems assured, after speedy committee approval of the legislation. The Agriculture Committee, a quarter of whose members are cosponsors of the bill, approved an updated version on a voice vote during a session that ran less than 20 minutes. Only two members spoke against it. The legislation, reintroduced in March by Reps. Mike Pompeo (R-KS) and G.K. Butterfield (D-NC), will maintain secrecy  about GE ingredients in food, and would block both the Food and Drug Administration (FDA) and individual states from requiring GE food labels, but allow voluntary labeling standards. The bill also has a provision that seeks to create a federal certification process for voluntary non-GE labels, now rendered moot by the U.S. Department […]

(Beyond Pesticides, July 9, 2015) Last week, a federal judge ruled that a voter-passed ban on the cultivation of genetically engineered (GE) crops in Maui is preempted by federal and state law, and is invalid. According to the SHAKA Movement legal counsel, the decision, at least temporarily, invalidates a local ordinance that sought to protect against serious harms caused by these practices, and ignores the harms to Maui county and the Hawaii Constitutional mandate placing obligations and duties on the counties to protect the natural environment. In addition to the SHAKA Movement, Center for Food Safety and Earthjustice have pledged to appeal the decision. “The District Court’s ruling is a big blow to Maui County voters that adopted this ordinance, given the dangers involved with GMO operations,” said  SHAKA spokesperson Mark Sheehan, PhD, who was also one of the five citizens who sponsored the ballot initiative. “We do intend to appeal this decision and are hopeful that the 9th Circuit will recognize the impact that today’s ruling has on the community.” In November 2014, Maui residents passed a ballot initiative prohibiting the growth, testing or cultivation of GE crops in Maui County until an environmental and public health study can […]

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

(Beyond Pesticides, May 13, 2015) In a letter sent this week, two Montgomery County Councilmembers are requesting that hospitals in the county assume a leading role in increasing awareness of the health concerns regarding pesticides by voluntarily agreeing to eliminate their use on hospital grounds. The letter states that this step  would help to reduce pesticide exposure for some of the county’s most vulnerable residents, and would increase awareness in the  community of pesticides’  potential harmful effects. Currently, Montgomery County is considering a bill that would limit the non-essential pesticide use on county property. On Monday, Council President George Leventhal, who chairs the Council’s Health and Human Services Committee, and Councilmember Roger Berliner, who chairs the Council’s Transportation, Infrastructure, Energy and Environment Committee, wrote to the leaders of the five organizations that operate hospitals in Montgomery County and asked them to voluntarily stop using pesticides on the grounds of their respective facilities. The text of the letter can be found here. In Monday’s press releases from the their’ offices,  Councilmembers Leventhal and Berliner said, “We are writing today to ask that hospitals in our County assume a leading role in increasing awareness of the health concerns regarding pesticides by voluntarily […]

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

(Beyond Pesticides, May 6, 2015) The City of Boulder, Colorado yesterday became the most recent locality in the U.S. to restrict the use of bee-toxic neonicotinoid (neonic) pesticides  on city property. The resolution moved forward primarily as a result of efforts by grassroots activists with the local organization Bee Safe Boulder, but also received strong support from city officials. “We at Bee Safe Boulder, along with city staff and elected city council members, believe that this resolution will become the go-to template for other local governments with similar aspirations in the near future,” said David Wheeler, co-founder of the local group. Under the new resolution, Boulder has committed to: Not applying neonicotinoid pesticides to city property; Encouraging “all related parties,” including county, state, and federal governments and private individuals to suspend their use of neonicotinoids until a thorough review is completed and a public health and environmental assessment can prove their safety; Seeking out plants and seeds not treated with neonicotinoids, and encouraging all businesses, homeowners, and HOAs within the city to make efforts to ensure no neonic-containing products are sold or used within the city; Engaging in efforts to educate the broader community about reducing neonicotinoid pesticides, and encouraging […]

(Beyond Pesticides, March 7, 2015) The quaint and charming town of Ogunquit, Maine has proudly accepted the 16th Down East Environmental Award, presented by Down East magazine, for passing a ballot initiative  last November that prohibits  the use of toxic lawn pesticides on all public and private land within the town —only the second community in the United States to do so, following Takoma Park in Maryland. To help the community implement the new law and provide hands-on technical information to people in town and the region, the local hardware store, Eldredge Lumber and Hardware, is sponsoring a training open to the public, landscapers, and officials on Saturday, March 14. In 1979, Down East magazine introduced the prestigious Down East Environmental Award in order to encourage the conservation of Maine’s natural resources and to honor citizens and groups who are at the forefront of creating positive environmental change, or have helped to secure conservation efforts in the past. Previous recipients of this award include Governor Percival Baxter, who in 2004 was recognized for his deep dedication to conserving the wilds in the state of Maine, specifically around Mt. Kadahdin, and Governor John E. Baldacci, who in 2009 was presented with […]

(Beyond Pesticides, January 5, 2015) Hawai’i County plans to appeal a federal judge’s ruling invalidating a 2013 county law restricting genetically engineered (GE) crops on the island. The County Council voted 5-4 in December to appeal the ruling after the judge ruled last November that Hawai’i County cannot enforce a law restricting genetically engineered crops because it is preempted by state law. The ruling follows a similar federal court decision in August 2014 that overrules a Kauai ordinance requiring annual reporting of genetically engineered organisms. U.S. Magistrate Judge Barry Kurren’s order is similar to his earlier decision invalidating Kauai County’s law on pesticides and GE crops. Judge Kurren invalidated the county law, Hawai`i County Ordinance 13-121, in a Nov. 27, 2014 order, saying state law preempts county law on the issue. He said lawmakers intended the state to have broad oversight of agricultural issues in Hawai’i. The November 2014 decision concludes that state “preemption” of the county ordinance is implied by state plant laws, despite the fact none of them mention GE crops or were intended to regulate them. The court refused a request to send the state law question to the Hawai’i Supreme Court  for a  decision. Finally, the […]

The staff and Board of Beyond Pesticides extend our sincere gratitude and wish for a happy and healthy holiday season and New Year to all those who have joined with us in taking  or supporting action  to promote health and environmentally responsible practices in 2014. Our Daily News is taking a holiday break and will return on Monday, January 5, 2015 with renewed energy and vision to continue fighting for broader adoption of organic  practices for a sustainable future. Whatever your current level of involvement with Beyond Pesticides: whether you work with us directly to make changes in your community, have received help through an information request, participate in our online actions, like or follow us on social media, or simply read and share our website and Daily News with friends and family, your contributions are a critical part of the pesticide-free grassroots movement that continues to strengthen and grow. We hope you will continue to lend your support in 2015. In order to help us realize the critical protections we’re all fighting for, please consider becoming a member, providing a year-end tax-deductible donation, or purchasing a pesticide-free zone sign from our online store. With your help, we advance scientific […]

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

(Beyond Pesticides, October 28, 2014) A landmark ordinance to protect children, pets, wildlife, and the wider environment from the hazards of unnecessary lawn and landscape pesticide use was introduced yesterday in Montgomery County, Maryland by County Council Vice President George Leventhal, chair of the Health and Human Services Committee. Bill 52-14 is based upon growing concerns in the community of the health risks associated with exposure to pesticides, and creates a safe space for residents in Montgomery County by prohibiting the use of non-essential land care pesticides on both public and private property. Introduction of this ordinance follows successful lawn pesticide regulations on private and public property in the City of Takoma Park in Montgomery County, and provides equal safeguards for human health and the environment. Similar cosmetic pesticide policies have been in place in Canadian provinces for many years. Unfortunately, most U.S. jurisdictions are unable to enact these same basic safeguards for their citizens.  Maryland is one of seven states that does not prohibit local governments from enacting protections from pesticides that are stricter than state laws. The role of local government in imposing pesticide use requirements is important to the protection of public health and the environment. This […]

(Beyond Pesticides, September 29, 2014) Last week, the Seattle City Council voted unanimously to prohibit the use of neonicotinoid pesticides on land owned or maintained by the city. Neonicotinoid insecticides have been linked to colony collapse disorder (CCD) and declining bee health that has resulted in a near devastating decline in viable managed beehives, which are critical to pollination of one-third of the nation’s food supply. Seattle is the largest city thus far to enact such a ban to protect pollinators in the absence of federal regulation. Other localities taking action include  Skagway, Alaska, Eugene, Oregon and Spokane, Washington and dozens of other jurisdictions that have adopted organic land management practices or pesticide bans on   public land, private land, parks, schools, and other land under their authority. Resolution 31548, adopted and expected to be signed by Mayor Ed M.urray, states that the City of Seattle shall ban the purchase and use of neonicotinoids on city-owned property and calls for a national moratorium on the use of the toxic pesticides, urging the White House Task Force, U.S. Environmental Protection Agency, and Congress to suspend the registration of neonicotinoids. Along with encouraging federal action, the resolution asks retailers within Seattle to […]

(Beyond Pesticides, September 25, 2014) Last week, the Borough of Skagway, Alaska passed a comprehensive vegetative maintenance pesticide ordinance, joining a growing number of localities across the country in enacting restrictions that protect human health, wildlife, and the wider environment from the hazards associated with unnecessary pesticide use. Among a number of notable accomplishments, Skagway’s Ordinance 14-15 makes it the first municipality in Alaska to ban the use of bee-toxic neonicotinoids by government employees. However the new law goes further, prohibiting the sale and use of neonicotinoid-containing products on all public and private lands in the Borough of Skagway. The state of Alaska is one of seven states that affirms the right of a local jurisdiction  to restrict pesticide use throughout its jurisdiction by not adopting law that preempts localities. Skagway, Alaska’s Ordinance 14-15 also: Prohibits the sale and use of persistent herbicides (persistent according to the US Composting Council) on public and private property. Prohibits the use of restricted herbicides within 300 feet of any waterway. Creates a list of restricted pesticides (based in part upon the list of pesticides restricted in Takoma Park, Maryland). Although the ordinance establishes a waiver system by which restricted pesticides may be used, […]

(Beyond Pesticides, August 27, 2014) Rulng that Hawaii state law preempts local authority to restrict pesticides,  a federal court judge this week struck down Kauai County’s Ordinance 960. The ordinance, which  received widespread support on the Island, was designed to protect local residents and Kauai’s environment from the year-round spraying of large quantities of restricted use pesticides by multinational chemical companies. U.S. Magistrate Judge Barry Kurren on Monday ruled that Kauai County Ordinance 960 is preempted by state law and therefore is unenforceable. Ordinance 960 provides residents of Kauai public access to information related to the application of pesticides used in experimental and commercial agricultural operations within the County of Kauai. It also affords County residents and the environment greater protection from, and information about, potential pesticide drift and the impact of experimental genetically engineered (GE) crops on Kauai. The Kauai County Council voted to enact Ordinance 960 in November 2013, overriding the Mayor’s veto. The ordinance was scheduled to go into effect Aug. 16, but had been postponed to Oct. 1 pending the court’s ruling. Local leaders crafted the ordinance in response to public outcry from residents, many of whom live, work, or have children that go to school […]

(Beyond Pesticides, August 15, 2014) Residents of Southern Oregon are tired of being told that farming and forest industry rights to pollute and spray toxic chemicals trump their rights to live healthy lives, so they are taking the matter to court, except not in the way most would assume. Because unlike many instances where citizens could allege nuisance and trespass for toxic or smelly invasions onto private property and into their lives, Oregon residents and many others across the country are prohibited by law from filing such claims against agricultural industries. Known generally as Right-to-Farm Acts, Oregon’s Farm and Forest Practices Act prohibits local laws from making farming and forest practices a nuisance or trespass. The law also grants immunity from private actions, unless, of course, severe injury or death resulted. As one of the attorneys, Chris Winters of the Crag Law Center, representing the Oregon residents explained to reporters, “The law basically grants an immunity to people who spray pesticides from being held responsible.” In filing the lawsuit, plaintiffs hope that a court will change all of this and invalidate the Farm and Forest Practices Act as unconstitutional, because of the state’s constitutional guarantee of remedy for injury to […]