(Beyond Pesticides, November 22, 2013) The U.S. Environmental Protection Agency (EPA) Assistant Administrator of the Office of Chemical Safety and Pollution Prevention, James Jones, testified before the House Subcommittee on Environment and the Economy last week. The subject of Jones’ testimony: EPA’s informal observations on the proposed Chemical Safety Improvement Act (CSIA). Introduced this past April, the CSIA seeks to reform the severely outdated and ineffective Toxics Substances Control Act (TSCA), the nation’s primary chemical safety law. Adopted in 1976, TSCA established an inventory and notification framework to monitor and assess the commercial production and importation of chemicals. Excluding large swaths of chemicals (such as pesticides and drugs) and placing the burden on EPA to demonstrate unreasonable risks to health or the environment, TSCA has done little to protect the public from or enable EPA to restrict the uses of the more than 84,000 chemicals in the marketplace today. As one 2009 Government Accountability Office (GAO) report noted, “Since 1976, EPA has issued regulations to control only five existing chemicals.” Assistant Administrator Jones’s testimony was quick to point out TSCA’s many flaws, including the grandfathering in of 60,000+ chemicals without any kind of testing and EPA’s inability to require testing […]

(Beyond Pesticides, October 17, 2013) Early yesterday morning, the Kauai County (Hawaii) Council ended a grueling 19-hour session by approving new protections from pesticides and genetically engineered (GE) crops in a 6 to 1 vote on Bill 2491. After enduring years of pesticide abuse from agrichemical giants Syngenta, Dow, DuPont Pioneer, and BASF, the residents of Kauai will finally receive simple protections they and future generations on the “Garden Isle” deserve. The legislation is a major victory for the local community, which engaged in numerous non-violent rallies and demonstrations urging the council to “Pass the Bill!” Local leaders crafted Bill 2491 in response to public outcry from residents, many of whom live, work, or have children that go to school near agricultural fields leased by chemical corporations. “The people in my community have asked for help,” said Kauai County Councilmember Gary Hooser. “People are concerned.” Many in the community assert that the passage of Bill 2491 is only the beginning of local efforts to reign in excesses and abuses of agrichemical companies operating on the island. While some of the more stringent measures in the bill were removed at a previous Committee meeting earlier this month, other aspects of the […]

(Beyond Pesticides, August 5, 2013) Nine state Attorneys General sent a letter to the Senate Environment and Public Works Committee last week expressing their “deep concerns about unduly broad preemption language proposed in S.1009, the Chemical Safety Improvement Act [CSIA].” CSIA would amend the decades old (1976) U.S. chemical law, the Toxic Substances Control Act (TSCA), which in its current form requires absolutely no testing on chemicals (it does not cover pesticides) before they make their way onto the market. Manufacturers are only required to provide the U.S. Environmental Protection Agency (EPA) with  90 days premarket notification before a new chemical is introduced for public consumption. Even after entering the market, the testing and regulation thresholds for these chemicals are grossly inadequate. In the 37 years that TSCA has been in effect, only 200 of the 85,000 industrial chemicals that have ever been in use have been tested or regulated. Many states have not waited for Congress to update these scant protections, opting instead for state reforms to address the potential risks of toxic substances. CSIA endangers the ability for states to enforce these laws, the Attorneys General letter says, explaining that, “Reforms that come at the cost of sweeping […]

(Beyond Pesticides, July 25, 2013) In a sweeping victory for the protection of human health and the environment, the Takoma Park, Maryland  City Council on July 22, 2013  unanimously passed the Safe Grow Act of 2013, which generally restricts the use of cosmetic lawn pesticides on both private and public property throughout the Maryland city. This is the first time that a local jurisdiction of this size has used its authority to restrict pesticide use broadly on private property, exercising it responsibility to protect the health and welfare of its residents through its local government. This landmark legislation stops involuntary poisoning and non-target contamination from pesticide drift and volatility that occurs as these toxic chemicals move off of treated  private yards. The new law fits into the city’s strategic plan to lead community efforts in environmental sustainability, protection and restoration, and secures Takoma Park’s role as a leader in sustainability in the state of Maryland and the nation.  The action in Takoma Park brings to the U.S. an approach to outlawing cosmetic pesticide use on lawns and landscapes that has been in place in Canadian provinces for many years. The role of local government in imposing pesticide use requirements is […]

(Beyond Pesticides, November 12, 2012) During the recent elections, North Dakotans voted to accept a controversial amendment to the North Dakota Constitution that protects practices used in Confined Animal Feeding Operations (CAFOs) that are harmful to human health and the environment. The North Dakota Farming and Ranching Amendment states, “No law shall be enacted which abridges the right of farmers and ranchers to employ agricultural technology, modern livestock production and ranching practices.” This amendment, supported by the North Dakota Farm Bureau, was created in response to pressure from organizations, such as the Humane Society and other organizations, that pushed for laws to ban small crates for chickens and pregnant pigs. This constitutional amendment, which is vaguely and broadly worded, was designed to protect the use of CAFOs. These industrial operations are often viewed as cruel and can create significant problems for the environment and human health. The unsanitary conditions of CAFOs are produced by packing excessive numbers of animals into an unnatural environment. This process creates the risk of infectious disease outbreaks that would be averted under living conditions appropriate for animal species. To prevent these outbreaks from happening, CAFO operators feed sub-therapeutic doses of antibiotics, such as penicillin and […]

(Beyond Pesticides, March 13, 2012) The town of Woodbridge, CT voted on last week to ban the use of pesticides on the town’s athletic fields. With the Board of Selectmen voting 5-1, Woodbridge committed to a pesticide-free land management program with the full support of Parks Department director Adam Parsons. The Parks Commission originally wanted to keep one field exempt from the ban in case the Parks Department could not meet their aesthetic standards. But Mr. Parsons told the Board of Selectmen that it would not be a problem. “I am very confident I will not lose a ballfield,” Mr. Parsons told the Milford-Orange Bulletin. “I believe the ban is a good idea for all the baseball fields.” While environmental and public health advocates applaud Woodbridge’s leadership, many would like to see pesticide bans go further and include private property as well. However, Connecticut, like 42 other states, has a “preemption law” that prevents municipalities from passing pesticide policies that limit pesticide use restrictions to land owned by the local jurisdiction. Legislation (Bill 5121) has recently been introduced in the Connecticut General Assembly to overturn this law. A hearing on Bill 5121 is set for Friday, March 16th. Connecticut residents […]

(Beyond Pesticides, December 7, 2011) Aspen City, Colorado, is considering mandating pre-notification of pesticide use so that neighbors and passersby can avoid being exposed to possible toxic chemicals. The notification provides for a 48-hour notice before application, as well as information on the pesticide to be used and its potential health effects. However, the Council stopped short of banning pesticide use outright throughout the city until it could gather additional information on the legal ramification of challenging state preemption law. City Council staff last week requested direction from the Council on whether notification should be required before spraying pesticides, whether minimal restrictions should be imposed on homeowners who spray and whether the city should draft an ordinance that would challenge state preemption laws. Council members are in consensus that the city should move toward mandating pre-notification, and in the meantime continue educational outreach regarding land management practices, which can be more effective than pesticide use. Currently, state law requires pesticide applicators to post notices on properties after they have been sprayed, but not before. While an outright ban would challenge state law, mandating pre-notification would sidestep it. Local governments cannot directly regulate commercial pesticide applicators, but they can regulate homeowners’ […]

(Beyond Pesticides, October 24, 2011) This article is reprinted from the SafeLawns blog by Paul Tukey. Mr. Tukey, the founder of SafeLawns.org, is an American journalist, author, filmmaker and motivational public speaker, who has a particular expertise in environmental issues related to landscape management and water quality. We thank Paul for all of his tremendous work and for the opportunity to discuss on the safelawns.org blog the 30-year history of Beyond Pesticides’ work and the vision and purpose of our work. We will be hosting a reception with live music and screening of the film Vanishing of the Bees on Thursday, October 27th, 6:30 pm at Busboys and Poets (14th and V Streets NW) in Washington, DC. For more information and to RSVP, click here. Read Mr. Tukey’s interview below with Beyond Pesticides Executive Director Jay Feldman, discussing the accomplishments of the last 30 years: Paul Tukey: This coming Thursday, Oct. 27, a remarkable achievement will be marked in Washington, D.C., when Beyond Pesticides celebrates its 30th anniversary. Beginning at 6:30 p.m. at Busboys & Poets, leaders of the environmental movement will come together with the general public for a benefit reception with live music and organic food and drinks. […]

(Beyond Pesticides, January 31, 2011) A bill introduced in the Connecticut legislature will, if passed, allow municipalities to ban and regulate the use of lawn care pesticides, overturning a state preemption law which currently prohibits local governments from imposing pesticide restrictions on private property. Currently, 41 states, including Connecticut, prohibit local jurisdictions from restricting pesticides. Senator Edward Meyer introduced Bill S.B. 244, which has been referred to the state Senate’s Joint Committee on Environment. No hearing date has been set, however the official status of the bill is posted on the state’s General Assembly website. It is important to note, as Nancy Alderman, President of Environment and Human Health, Inc., states, “This bill will not mandate towns to do anything -they would just have the option to treat the lawns in their towns in stricter ways than the state- if they so chose.” Connecticut state law prohibits the application of pesticides on kindergarten through 8th grade school grounds, thanks to a bill that was sponsored by Sen. Meyer in 2007. In 2009, another bill was subsequently passed to expand on the first by banning pesticides on day care center grounds as well. In response to the 2007 mandate, the town […]

(Beyond Pesticides, August 18, 2010) A new law to improve water quality makes it illegal for stores in New York to stock fresh supplies of household dishwasher detergents that contain phosphorus. Stores have 60 days to sell old inventories. Sales for commercial use are to end July 1, 2013. Starting in 2012, a similar ban will apply to lawn fertilizers. The Household Detergent and Nutrient Runoff Law, signed into law by the Governor David Paterson on July 15, 2010, aims to improve water quality in New York by reducing phosphorus runoff into the State’s waterbodies. Environmental officials say phosphorus drains into New York lakes and rivers, which turn green with algae, degrading drinking water and reducing oxygen that fish need. More than 100 bodies of water in the state are considered impaired, including Cayuga Lake and Lake Champlain. With similar measures now effective in 16 other states, including neighboring Vermont and Pennsylvania, many detergent makers produce low-phosphate formulas. Consumer tests show some are cleaning better than even earlier detergents considered environmentally friendly. “The impact of phosphorus is particularly significant in lakes and reservoirs. Over half of all the lake acres in the state have water quality impacts for which phosphorus […]

(Beyond Pesticides, September 14, 2009) On September 9, 2009, the seven draft reports stipulated in President Obama’s Executive Order on the Chesapeake Bay were released by federal agencies. The seven drafts are: reducing pollution and meeting water quality goals, targeting conservation practices, strengthening storm water management at federal facilities, adapting to impacts of a changing climate, conserving landscapes, strengthening science for decision making, and conducting habitat and research activities to improve outcomes for living resources. President Obama signed the executive order on May 12, 2009. The seven draft reports are now available to the public. The Federal Leadership Committee will use these draft reports to create a strategy defining the actions needed to restore the Chesapeake Bay. On November 9, 2009, the strategy will be released for public comment. The public comment period will last 60 days, and a final strategy will be completed by May 12, 2010. Although the final strategy will not be released until May 2010, agencies will be taking action in several areas before the strategy is finalized. EPA Administrator Lisa P. Jackson said, “We will not just be reviewing reports for the next eight months.” She promises to “take advantage of rules that she implied […]

(Beyond Pesticides, October 30, 2008) In an effort to keep its popular yet toxic herbicide 2,4-D on the market, Dow AgroSciences has filed a notice with the Canadian government claiming that Quebec’s ban on cosmetic use of pesticides breaches legal protections under the North American Free Trade Act (NAFTA). The company is likely to pursue compensation from Canada’s federal government under Chapter 11 of NAFTA, which restricts a country from taking measures “tantamount to nationalization or expropriation” of an investment. Despite the threat of legal action, Ontario, which instituted restrictions similar to Quebec’s earlier this year, says it will go ahead with its ban. Public health and environmental advocates have raised concerns that companies are using NAFTA to prevent governments from taking actions to regulate pollution and health threats, and they also warn that the companies’ actions may have a serious public backlash. Chapter 11 of NAFTA is just one of the legal avenues pesticide manufacturers have to make stricter pesticide regulation cumbersome, expensive, and in some cases impossible. For example, 41 states in the U.S. have preemption laws that prohibit municipal authorities from creating pesticide regulation that is more restrictive than the state’s. In a statement that could equally […]

(Beyond Pesticides, July 21, 2008) Advocacy groups are encouraging California’s Senators to support Assemblywoman Fiona Ma’s bill (AB 977) that returns the ability to restrict pesticides to local jurisdictions. Currently, California and 40 other states have pesticide “preemption” laws that deny local authorities the right to pass pesticide restrictions that are more stringent than the state’s laws. Preemption laws are a result of intensive lobbying by the agrichemical industry, and groups in California and across the country believe the time has come to take back the democratic right for localities to adopt restrictions to protect environmental and public health. This authority enables local jurisdictions to respond to exposure scenarios that are not addressed by state law and address unique contamination or poisoning situations. California’s preemption law, passed in 1984, was the first of its kind in the nation and explicitly states that no local government “may prohibit or in any way attempt to regulate any matter relating to the registration, sale, transportation, or use of pesticides.” The state law nullified the first attempt at local pesticide regulation, which was a 1979 Mendocino County prohibition on aerial herbicide spraying that arose from an incident in which herbicide drifted almost three miles […]

(Beyond Pesticides, June 27, 2008) New Paltz, NY parks and green spaces are going organic with the hope that residents will follow suit and stop treating their lawns with pesticides and synthetic fertilizers. Final approval of the legislation that would prohibit pesticides on town property is “just a lawyerly tweak away from becoming law,” according to Alice Andrews, a member of the village environmental commission and organizer of an organics task force. Ms. Andrews was motivated to work on the issue when she learned about the health and environmental hazards of commonly used lawn pesticides. Of 30 commonly used lawn pesticides, 19 are linked with cancer or carcinogencity, 13 are linked with birth defects, 21 with reproductive effects, 26 with liver or kidney damage, 15 with neurotoxicity, and 11 with disruption of the endocrine (hormonal) system. Of those same 30 lawn pesticides, 17 are detected in groundwater, 23 have the ability to leach into drinking water sources, 24 are toxic to fish and other aquatic organisms vital to our ecosystem, 11 are toxic to bees, and 16 are toxic to birds. Ms. Andrews originally planned to propose legislation that would have banned or limited pesticide use for all village properties, […]

(Beyond Pesticides, June 24, 2008) On June 18, 2008, Ontario joined Quebec in restricting the sale and cosmetic use of pesticides, but critics say the move will actually weaken existing anti-pesticide rules across the province. The ban was the last government-backed bill to be rammed through before the legislature adjourned for the summer, passing 56-17 over the objections of health groups and municipalities. Environmental and public health advocates, including Ontario’s nurses, are dismayed that the province’s new pesticide law doesn’t go far enough to protect public health. “When the premier announced a ban on the use and sale of cosmetic pesticides on Earth Day, we stood side by side with him and applauded what we thought was a step forward to protect people from these poisonous chemicals,” says Wendy Fucile, President of the Registered Nurses’ Association of Ontario (RNAO). “But today, we see what the province’s legislation actually means is that municipalities will be stripped of their tough municipal bylaws to protect people, and the provincial legislation will serve as a ceiling, not as a floor upon which stronger local regulations can build.” Because the new law preempts local by-laws, it actually weakens protections in some municipalities with strong local […]

(Beyond Pesticides, June 25, 2007) In a new report published by the David Suzuki Foundation, environmental lawyer David Boyd finds that over 6,000 Canadians are acutely poisoned by pesticides each year, and more than 46 percent of those cases are children under the age of six. Entitled Northern Exposure: Acute pesticide poisonings in Canada, the report analyzes records of poisonings that occurred immediately after exposure, rather than chronic symptoms, such as cancer and neurological diseases. Based on its results, the Suzuki Foundation has made recommendations for personal and municipal actions to reduce poisonings. While much of Canada has been active in reducing pesticide exposures through bans on the cosmetic use of lawn pesticides, including one spanning all of Quebec, the report’s announcement laments the country’s failure to accurately document poisonings. According to the Suzuki Foundation’s release, “This is only the tip of the iceberg: many poisonings are misdiagnosed or completely unreported. Currently, the federal government does not systematically monitor exposure to pesticides.” According to the report, the “incomplete and inconsistent Canadian system” of reporting that shows an estimated 2,832 child poisonings lags far behind “the more comprehensive American system [that] records more than 52,000 such cases” of exposure incidents. Ironically, […]

(Beyond Pesticides, April 3, 2007) Responding to concerns about the state’s polluted waterways, Florida will become the first in the nation to enact a statewide restriction on the content of fertilizers. If passed, fertilizers sold in Florida must be no- or low-phosphate. Phosphorus, along with nitrogen, is a pollutant that contributes to algae blooms, fish kills, and dead zones, all of which alter already fragile ecosystems. The high phosphate levels are due in large part to Americans’ affinity for heavily-fertilized, brilliantly green lawns, golf courses, and recreational areas. The proposed rule was designed in response to a number of local fertilizer restrictions in the state; rather than deal with the confusion of regulating a wide variety of local standards, the Department of Agriculture’s rule will clarify and standardize the movement to reduce pollution from lawn fertilizers. According to Richard Budell, director of water resources protection for the Department of Agriculture and Consumer Services, “One of the things we’re trying to prevent is a patchwork of local ordinances that would be almost impossible to enforce.” Local regulations include a similar rule that has been in place in Wellington since 2000, one in Crystal River than allows only slow-release fertilizers, and a […]