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Daily News Blog

Archive for the 'Litigation' Category


05
Mar

EPA and Court Allow Violations and Hazards of Weed Killer Dicamba Under Existing Stock Order

(Beyond Pesticides, March 5, 2024) Buried in a court decision in February that determined that the U.S. Environmental Protection Agency (EPA) violated the law in allowing harm associated with the herbicide dicamba’s registration is language that permits the damages to continue through this year’s growing season. The judge’s ruling, deferring to EPA’s interpretation of the existing stock provision in the federal pesticide law, continues a pattern of “existing stock” allowances that permit hazards to continue well after a finding of harm or noncompliance. This process contrasts with the issuance of a product recall, which is typically done when pharmaceuticals are found to violate safety standards. Despite the finding of dicamba’s harm and EPA’s failure to comply with standards, the continued use of the weed killer through the 2024 growing season is effectively authorized in a decision of the U.S. District Court of Arizona, which vacates the EPA’s 2021 authorization of the use of three over-the-top (OTT) uses of dicamba-based herbicide products. In response, EPA issued an existing stocks order. EPA’s pattern of allowing the use of existing stocks has long been a concern for public health and environmental advocates, who have called for the discontinuance of use upon findings of […]

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26
Feb

Take Action: Pesticide Manufacturers Ask States To Shield Them from Lawsuits by Those Harmed

(Beyond Pesticides, February 26, 2024) Beyond Pesticides today launched an action to stop a nationwide campaign by chemical manufacturers to shield themselves from liability cases filed by those who have been harmed by pesticide products. As widely reported, Bayer/Monsanto has been hit with numerous jury awards and settlements totaling billions of dollars for adverse health effects associated with their weed killer glyphosate (RoundupTM). After unsuccessfully seeking U.S. Supreme Court review of two of these cases, the industry is now pushing legislation in state legislatures that will shield them from future liability litigation. This is not the first time that the pesticide and toxic chemical industry has sought protection from the states after losing in the highest U.S. Court. After the Supreme Court upheld the right of localities to restrict pesticides more stringently than the U.S. Environmental Protection Agency and state regulatory agencies in Wisconsin Public Intervenor v. Mortier (501 U.S. 597, 1991), the industry went to every state legislature in the country to seek state preemption of their local jurisdictions’ authority to restrict pesticides. They were successful in putting state preemption laws in place in 43 states and have since added another.   Having failed in the courts, history is […]

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02
Feb

The European Union Takes on Greenwashing with a Broad Brush

(Beyond Pesticides, February 2, 2024) Last March, the European Union (EU) Parliament passed a measure to prevent greenwashing in the EU. As public concern about both human and ecosystem health rises, so does greenwashing—corporate efforts to mislead the public with label and marketing language for products and services that is outright dishonest or contains misrepresentations. And so, there has been an explosion of products or practices that are characterized in the market as “eco-friendly,” “green,” “carbon-neutral,” “regenerative,” “sustainable,” “natural,” and “safe”—all with a lack of uniform definition, compliance criteria, and enforcement. To the contrary, in crop/plant production and processing, “organic” does have a legal definition, subject to public review, certification, and enforcement. However, with greenwashing, many corporations aggressively try to gain a share of the $60 billion organic food market and nearly $22 billion organic personal care product market in the U.S. According to ESG Today, the new law passed by the EU Parliament arose because a European Commission-sponsored study found that more than half of green claims are vague or misleading, and another 40% could produce no supporting evidence at all. EU member states have two years to incorporate the measure into their own laws. There is already an EU […]

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19
Dec

Groups Petition EPA to Remove from the Market the Weed Killer Glyphosate

(Beyond Pesticides, December 19, 2023) Last week, farmworker organizations and Beyond Pesticides, represented by the Center for Food Safety, filed a petition with the U.S. Environmental Protection Agency (EPA) urging that the weed killer glyphosate be removed from the market. The petition cites 200 studies, which represent a fraction of the independent scientific literature on the hazards of glyphosate and formulation ingredients of glyphosate products. This action follows previous litigation in 2022 in which a federal court of appeals struck down EPA’s human health assessment, finding that the agency wrongfully dismissed glyphosate’s cancer risk. The farmworker groups petitioning include Farmworker Association of Florida, OrganizaciĂłn en California de Lideres Campesinas, Alianza Nacional de Campesinas, and the Rural Coalition.   Meanwhile, verdicts against glyphosate’s manufacturer, Bayer, continue to pile up with a December jury verdict in Pennsylvania awarding $3.5 million and a November jury in Missouri ordering $1.56 billion to be paid to four plaintiffs. All link their cancer to use of the Roundup. Bayer has lost almost all of the cases filed against it for compensation and punitive damages associated with plaintiffs’ charge that its product (previously manufactured by Monsanto) caused them harm.  The petition summarizes its purpose and justification as […]

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14
Nov

Celebrated 2021 Ag Ban of Deadly Pesticide, Chlorpyrifos, Reversed by Court Despite Decades of Review and Litigation

(Beyond Pesticides, November 14, 2023) One of the Environmental Protection Agency’s (EPA) strongest tools for avoiding responsibility is delay—a tactic that kept cancellation of the neurotoxic pesticide chlorpyrifos at bay for 21 years—until May 2021, when a three-judge panel of the Ninth Circuit Court of Appeals, responded to a petition filed in 2007 by the Natural Resources Defense Council, Pesticide Action Network, and numerous other groups. The Ninth Circuit ordered the agency to quit lollygagging and acknowledge chlorpyrifos’s threat to human health, something the agency had acknowledged already. The Ninth Circuit instructed EPA to either revoke the “safe” tolerances the agency had set for chlorpyrifos’s residue in various foods or demonstrate that they are actually safe. Finally capitulating, EPA issued a final rule in August 2021 revoking all food tolerances for the neurotoxicant. Tell your governor and mayor to adopt policies that support organic land management.  This looked like progress until February 2022, when a different set of petitioners—pesticide companies, U.S. farmer groups, and other countries’ agricultural interests—filed an action in the Eighth Circuit Court of Appeals. On November 3 of this year, a three-judge panel of the Eighth Circuit reversed EPA’s decision, thereby neutralizing the Ninth Circuit’s opinion. Chlorpyrifos, […]

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13
Nov

Commentary and Action: Court Decision and History Calls into Question Value of Pesticide Law

(Beyond Pesticides, November 13, 2023) The news of a federal Appeals Court’s reversal of a U.S. Environmental Protection Agency (EPA) decision in early November calls into question the value of the basic structures, processes, and authorities of pesticide law that the public has been told are protective of health and the environment. After decades of review and litigation, this reversal, especially on a highly neurotoxic insecticide like chlorpyrifos, identifies a fundamentally flawed system that does not protect the health of people, in this case, children’s brains. >>Tell your governor and mayor to adopt policies that support organic land management.  It was EPA’s finding that chlorpyrifos was destructive of the nervous system, particularly in children, and the functioning of the brain that led to an EPA-negotiated chemical company (Corteva/Dow Chemical) settlement in 1999 (took effect in 2000) that removed residential uses of chlorpyrifos from the market. The 2020 EPA decision, 21 years later, to stop agricultural uses followed another Appeals Court decision, departing from the agency’s usually long drawn-out negotiations that ultimately compromise health and the environment. EPA banned agricultural uses of chlorpyrifos in 2016 in the Obama Administration, but the decision was reversed by the Trump Administration in 2017. Because […]

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29
Jun

Industrial Chemical Giants in PFAS Water Contamination Case Agree to $1.185 Billion Settlement

(Beyond Pesticides, June 29, 2023) In the first major settlement amid an influx of PFAS litigation, industrial chemical giants DuPont, Chemours, and Corteva will pay $1.185 billion dollars to cities and towns across the U.S. to cover the cost of PFAS remediation and monitoring in public drinking water systems. The significance of this nationwide class-action settlement cannot be overstated, as citizens have battled powerful chemical corporations for decades with limited success. Dangerous toxicants have been indiscriminately discharged into the environment by chemical companies since the mid-1900s, and the PFAS litigation is important in the company’s acceptance of responsibility for contamination. Of course, the damage to health and the environment is incalculable, given the pervasive environmental contamination and poisoning that it has caused, and additional lawsuits are pending, with more expected. Advocates maintain that this case exemplifies the inadequacies of regulatory controls that do a poor job of capturing the long-term effects of chemicals before being introduced into the market and a worse job of questioning the essentiality of toxic substances for which there are alternative practices and products. PFAS bring into sharp focus the legacy of chemical contamination and the impact on  future generations—a problem well-documented with pesticides like DDT […]

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15
Jun

Recent Supreme Court Ruling on Clean Water Act “will take our country backwards”

(Beyond Pesticides, June 15, 2023) The Supreme Court’s recent ruling in Sackett v. Environmental Protection Agency (EPA) on the Clean Water Act’s jurisdiction dramatically limits the EPA’s ability to protect critical wetland ecosystems. On May 25, in a 5-4 majority decision, the Supreme Court ruled that EPA has authority to protect only “wetlands with a continuous surface connection to bodies that are â€waters of the United States’ in their own right.” Wetlands must appear “indistinguishable” from larger waterways at a surface-level perspective. Wetlands next to a large waterway are no longer protected if they are separated by a manmade or terrestrial barrier. Water flows underground from upstream to downstream sources and exits the confines of its customary boundaries during periods of flooding, so to declare waterways distinct based merely on a surface-level perspective defies scientific understanding of ecosystem health.  Critical Nature of Wetland Ecology  The conservation of wetland ecology is critical to the health of our environment. The United States Geological Survey (USGS) states, “Wetlands are among the most productive habitats on earth” given their role in flood resilience, improvement in water quality, and coastal erosion control. Wetlands are essential nursery grounds for many species of fish and oases for […]

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16
May

Groups Announce Intent to Sue Fish and Wildlife Service Over Failure to Protect Manatees

(Beyond Pesticides, May 16, 2023) U.S. Fish and Wildlife Service (USFWS) is set to be sued for its failure to implement strong protections for imperiled manatee populations. Earlier this month, the Harvard Animal Law and Policy Clinic, Center for Biological Diversity, Miami Waterkeeper, and engineer Frank González Garcia sent USFWS a notice of intent to sue after USFWS failed to respond to a petition sent by the groups last fall. “It has been months of agony and unjustified time lost for manatees in Puerto Rico,” said Mr. Garcia, an engineer who is concerned with the loss of natural resources. “Recent fatal accidents and unprecedented toxic water discharges aggravate the already precarious living and survival conditions of this beloved species,” Mr. Garcia said. Recent reporting has captured a dismal situation for manatee populations. The species is under threat from a range of anthropogenic impacts, from boat strikes to harmful herbicide contamination, pollution-driven red tides, and algae blooms that have destroyed seagrass beds the species rely upon. Starvation resulting from the loss of seagrass beds was the cause of death for more than 1,000 manatees in 2021, prompting wildlife officials to feed them cabbage and lettuce as a last resort to keep […]

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24
Jan

Legal Case Opens To Stop Antibiotics in Citrus and Advance Organic, Given Resistant Bacteria Crisis

(Beyond Pesticides, January 24, 2023) Oral arguments begin this week in a lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) approval of the antibiotic streptomycin as a pesticide on citrus crops. Brought forth by a coalition of farmworker, health, and environmental groups, the lawsuit aims to stop the use of a critical medical treatment for agricultural purposes. “Humanity’s dwindling supply of medically effective antibiotics is not worth sacrificing for an industry that has safer alternatives available,” said Drew Toher, community resource and policy director at Beyond Pesticides. “Despite the challenges, we know from the elimination of this material in organic production that we don’t need antibiotics in order to produce a glass of orange juice.”  In 2020, the Lancet published an article that identifies several of the multiple and interacting crises the U.S. and world face, with a focus on another “looming potential pandemic . . . [a] rise in multidrug-resistant bacterial infections that are undetected, undiagnosed, and increasingly untreatable, [whose rise] threatens the health of people in the USA and globally.” It calls on leaders in the U.S. and beyond, asking that even as they address the current coronavirus pandemic, they also attend to the antimicrobial resistance (AMR) problem, […]

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06
Jan

EPA’s Failure to Regulate Endocrine-Disrupting Pesticides before a Federal Court. . . Again

(Beyond Pesticides, January 6, 2023) Plaintiffs in a recent pesticide lawsuit against the U.S. Environmental Protection Agency (EPA) reprise, in their arguments, a critique proffered repeatedly by Beyond Pesticides: the agency has failed, for many years, to evaluate and regulate endocrine-disrupting pesticides adequately. The suit, according to Progressive Farmer, argues that the 1996 Food Quality Protection Act (FQPA) — legislation that mandated that EPA establish “tolerances” for pesticides in foods and regulate on those bases — required EPA to develop an endocrine disruptor screening program (EDSP) and to implement it by 1999. The litigation goes on to note that “more than twenty-five years after the passage of the FQPA, EPA has yet to implement the EDSP it created and further, has failed to even initiate endocrine testing for approximately 96% of registered pesticides.” Plaintiffs are asking the court, among other requests (see below) to order “EPA to complete all actions required under the FQPA at issue in this case as soon as reasonably practicable, according to a Court-ordered timeline.” Endocrine disruptors are chemicals that can, even at low exposure levels, disrupt normal hormonal (endocrine) function. Endocrine disruptors function by: (1) mimicking the action of a naturally produced hormone, such as estrogen […]

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12
Oct

EPA Asks Federal Court to Allow Reconsideration of Its Decision to Permit Paraquat’s Continued Use

(Beyond Pesticides, October 12, 2022) The U.S. Environmental Protection Agency (EPA) is asking a federal court for permission to go back and reconsider its decision to reapprove use of the highly hazardous herbicide paraquat, according to a filing submitted by the agency late last month. Advocates see the move as encouraging, since meaningful EPA action on this Parkinson’s-linked chemical is long overdue. Last year, advocates condemned the Biden Administration for its reapproval of the weed killer with fewer protections than those proposed by the Trump Administration, marking a deeply concerning sign for pesticide reform campaigners looking to the administration for positive change. EPA’s request is the result of a legal challenge brought by the California Rural Legal Assistance Foundation, Earthjustice, Farmworker Association of Florida, Pesticide Action Network, and the Michael J. Fox Foundation for Parkinson’s Research.  The groups argued that the agency’s decision to reregister paraquat was not legal based on substantial evidence that the chemical poses unreasonable risks to human health and the environment. While EPA made its initial decision to reapprove paraquat in the late days of the Trump Administration, it was under the Biden Administration that the agency reversed a proposed ban on aerial use, permitting broad-scale […]

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30
Sep

EPA’s Failure to Ban Glyphosate Keeps Burden of Protection with Consumers and Local and State Governments

(Beyond Pesticides, September 30, 2022) In late September, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of its Interim Decision on glyphosate, the active ingredient in multiple herbicides, most notably Monsanto’s (now Bayer’s) Roundup. The action follows a slew of developments related to the herbicide, including: the 2015 International Agency for Research on Cancer’s declaration of its carcinogenicity; legal judgments and massive rewards to victims who developed cancers after chronic exposures; advocate efforts to get EPA to recognize the dangers of, and curtail, its use; and pushback from industry — most of the latter two coming in the form of litigation. The withdrawal of that Interim Decision means, on the ground that this harmful compound can continue to be used until a next regulatory review decision by EPA. Beyond Pesticides has long been engaged in education on and advocacy against glyphosate use, and was a plaintiff in the 2020 lawsuit, with the Center for Food Safety (CFS), et al., against EPA for this 2020 Interim Decision (ID). Under FIFRA (the Federal Insecticide, Fungicide and Rodenticide Act) each pesticide must be reviewed by EPA every 15 years “to ensure that existing pesticide products continue to perform their intended function without […]

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20
Sep

Not Accessible to All, Court Finds QR Codes Unlawful as Means of Disclosing Genetically Engineered Food Ingredients

(Beyond Pesticides, September 20, 2022) A federal court this month declared that the U.S. Department of Agriculture (USDA) acted unlawfully in allowing food retailers to label genetically engineered (GE, or GMO) foods with only a “QR” code. The decision, made by U.S. District Court for the Northern District of California, comes as a result of a lawsuit against USDA by a coalition of nonprofits led by Center for Food Safety, along with organic retailers Natural Grocers and Puget Consumers Co-op. “This is a win for the American family. They can now make fully informed shopping decisions instead of being forced to use detective work to understand what food labels are hiding,” said Alan Lewis, Vice President for Advocacy and Governmental Affairs at Natural Grocers. “The public’s rejection of hidden GMOs has been weighed by the Court to be greater than the agrochemical industry’s desire to hide GMOs behind incomprehensible bureaucratic rules.” In 2016, Congress passed the National Bioengineered Food Disclosure Standards Act, which established federal standards around labeling GE foods. That bill, dubbed by GE transparency advocates as the DARK (Denying Americans the Right to Know) Act, was the result of a deal between U.S. Senators Debbie Stabenow (D-MO) and […]

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26
Jul

Inspector General Finds Secret EPA Meetings with Industry and Use of Untested Science to Lower Cancer Risk for Dangerous Fumigant

(Beyond Pesticides, July 26, 2022) Secret meetings with industry, the elevation of unqualified individuals to decision-making roles, using an untested scientific approach, failing to conduct a simple literature review, and an overall absence of public transparency. This is how the U.S. Environmental Protection Agency’s (EPA) conducted its cancer review for the potent fumigant pesticide 1,3-Dichloropropane (1,3-D; brand name: Telone), according to a report from EPA’s Office of Inspector General (OIG). EPA’s actions allowed a product once considered to pose a 1 in 10,000 risk of cancer to Americans to increase exposure by 9,000% (from 7.7 ÎĽg/m3 to 690 ÎĽg/m3). “These departures from established standards during the cancer assessment for 1,3-D undermine the EPA’s credibility, as well as public confidence in and the transparency of the Agency’s scientific approaches, in its efforts to prevent unreasonable impacts on human health,” the OIG report states. Yet, even with the agency’s failings laid out in clear view, EPA’s lackluster response to OIG’s corrective actions in this case add insult to its injurious actions against public health. OIG initiated a review of EPA’s cancer assessment for 1,3-D after the submission of multiple complaints. 1,3-D is a highly toxic fumigant used on a variety of crops, […]

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08
Jul

Supreme Court Politicizes Fed Agency Response to Climate Crisis, Limiting Broad Regulatory Action without Congressional Mandate

(Beyond Pesticides, July 8, 2022) Among the multiple, wrenching decisions handed down by the Supreme Court of the United States (SCOTUS) in a week-long tranche (June 24–30) was one that limits the ability of the U.S. Environmental Protection Agency (EPA) to regulate carbon dioxide (CO2) emissions from power plants. The decision may also, and with much broader implication, call into question the established authority of federal agencies to promulgate regulations not specifically authorized by Congress, but related to their overall mission to protect health and the environment. In this respect, the current court majority of six, arguably very conservative, justices has thus dealt a serious-though-not-fatal blow to EPA’s ability to carry out efforts to thwart the existential climate crisis and other crises on the short horizon, such as biodiversity collapse. The court has left these science-based decisions and strategies to a body locked in political logjam—the U.S. Congress. As Chief Justice John Roberts opined for the majority, “A decision [on carbon emissions] of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.” Beyond Pesticides and other health, environmental, and environmental and climate justice advocates, as well as Democrats across […]

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22
Jun

Supreme Court Permits Large Jury Verdicts on Roundup, Appeals Court Finds EPA Registration Unlawful

(Beyond Pesticides, June 22, 2022) Bad news is piling up for Bayer (Monsanto) and its carcinogenic flagship weed killer, glyphosate (Roundup). Last week, the Court of Appeals for the Ninth Circuit handed down a ruling that held the U.S. Environmental Protection Agency’s (EPA) 2020 approval of its notorious weed killer glyphosate unlawful. Then, yesterday, the U.S. Supreme Court declined to consider (deny certiorari) Bayer’s “Hail Mary” petition attempt to save the company from being held accountable to those diagnosed with cancer after using Roundup (glyphosate) herbicides. In both cases, the courts are acting as a check on a company, while EPA regulators charged with stopping this behavior continue to rubber stamp the agrichemical industry’s dangerous decisions. This is not the first time that the Supreme Court has upheld the rights of victims of the pesticide industry. In 2004, Bates v. Dow Agrosciences (U.S. Supreme Court, No. 03-388), the court found: “The long history of tort litigation against manufacturers of poisonous substances adds force to the basic presump­tion against pre-emption. If Congress had intended to deprive injured parties of a long available form of compen­sation, it surely would have expressed that intent more clearly. See Silkwood v. Kerr-McGee Corp., 464 U. […]

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27
May

Drift-Prone Weed Killer Out of Control with the Chemical Industry at the Wheel

(Beyond Pesticides, May 27, 2022) In a U.S. Environmental Protection Agency (EPA) court document filed on May 16, the agency signaled potential changes to the labeling it requires for “over the top” (OTT, or post-emergent) herbicides containing dicamba, a very problematic pesticide. The filing — in U.S. District Court for the District of Arizona, where EPA currently faces litigation about its 2020 dicamba registrations — comes as a result of Bayer, Inc.’s March 2022 proposed amendments to EPA registration for its XtendiMax herbicide, which contains dicamba and glyphosate. Beyond Pesticides has covered the dicamba saga for years, including the EPA Office of the Inspector General’s critical 2021 report citing an abandonment of science and assault on agency integrity for EPA’s dicamba decisions during the Trump years. Dicamba has been linked to cancer, reproductive effects, neurotoxicity, birth defects, and kidney and liver damage. It is toxic to birds, fish, and other aquatic organisms, and is known to leach into waterways after application. Dicamba also causes serious damage to non-GE (genetically engineered), non-target plants, damaging habitat and food sources for various organisms, especially for birds and insects. According to Progressive Farmer, EPA is currently considering some dicamba use restrictions after Bayer submitted them to […]

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25
May

Agrichemical Industry Demands Biden Administration Rescind Support for Cancer Victims Before Supreme Court

(Beyond Pesticides, May 25, 2022) Earlier this month, the U.S. Department of Justice urged the Supreme Court to deny a request by Bayer to review a verdict that found the corporation liable for damages from the use of its Roundup (glyphosate) herbicides. Now, Bayer is using proxy organizations to place pressure on the Biden Administration and Justice Department to rescind its decision. Alongside a range of chemical industry umbrella groups, many of which—like Croplife America—Bayer is a member of, a letter was sent to President Biden expressing “grave concern” about the opinion filed by Solicitor General Elizabeth Prelogar. Among a range of baseless claims, the agrichemical industry is deflecting lower court findings on the hazards and cancer risk of their products with the claim that their toxic chemicals are needed to feed the world, as crops shipments from Ukraine have been halted during the ongoing war. “The agrichemical industry has long tried to sell the idea that their toxic pesticides are needed to feed the world, as if to suggest that their motives are altruistic when, in fact, they have shown a callous disregard for life and a sustainable future,” said Jay Feldman, executive director of Beyond Pesticides. ” We […]

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15
Apr

Beyond Pesticides Makes Science-based Case that It Is Imperative to Phase Out Pesticides in a Decade

The organic solutions to problems highlighted in the latest issue of Pesticides and You—based on the importance of healthy ecosystems and public health protection—are within reach, and the data creates an imperative for action now that phases out pesticides within a decade, while ensuring food productivity, resilient land management, and safe food, air, and water. (Beyond Pesticides, April 15, 2022) The current issue of Pesticides and You, RETROSPECTIVE 2021: A Call to Urgent Action, is a look at a year of science, policy, and advocacy that informs both the existential problems that the U.S. and the world are facing due to toxic pesticide dependency, and solutions that can be adopted now. The information in this issue captures the body of science that empowers action at the local, state, and federal level, and provides a framework for challenging toxic pesticide use and putting alternatives in place. The issue finds that 2021 was a pivotal year in both defining the problem and advancing the solution. This year in review is divided into nine sections that provide an accounting of scientific findings documenting serious pesticide-induced health and environmental effects, disproportionate risk to people of color and those with preexisting conditions, regulatory failures, at the same time […]

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18
Mar

Pesticide Drift or Chemical Trespass Continue Uncontrolled, Despite Successful Litigation

(Beyond Pesticides, March 18, 2022) A 2020 lawsuit related to pesticide drift was resolved on March 8, 2022 in San Joaquin (California) Superior Court with the finding that Alpine Helicopter Services, which specializes in pesticide applications for government and tourism entities, had violated pesticide drift laws and endangered public health and safety. The court further found Alpine liable for damage related to its actions, though penalties in the case, brought by California state prosecutors and the California Department of Pesticide Regulation (DPR), have yet to be determined. The case exposes a handful of the many instances of pesticide drift, also known as “chemical trespass,” that occur every year in the U.S. In 2004, Beyond Pesticides covered the issue with Getting the Drift on Chemical Trespass; its monitoring of drift issues is ongoing, as can be seen in its “Pesticide Drift” archives. The long history of nontarget exposure, contamination, and poisoning teaches that drift is a function of pesticide use, but not considered adequately by regulators who allow the marketing of poisons that are known to move through the environment uncontrolled. Cases like the Alpine case highlight a relentless problem associated with the daily use of pesticides. Pesticide drift is any airborne […]

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15
Dec

It’s Time for Bayer/Monsanto to Leave Hawai’i after Pleading Guilty to Multiple Violations that Harm People and Environment of the State, Advocates Say

(Beyond Pesticides, December 15, 2021) Monsanto has pleaded guilty to multiple environmental crimes in HawaiĘ»i for the second time in less than four years, and the island communities are left asking “when is enough enough?” In the most recent case, Monsanto will plead guilty to 30 environmental crimes in HawaiĘ»i, related to pesticide use violations and putting field workers at risk.  In both cases, they admit that they knowingly violated pesticide law and put field workers in harmĘ»s way.  They will pay a $12 million fine this time, bringing their criminal fines and “community service payments” to a total of $22 million since 2019. At the center of these cases is the fact that the Monsanto field workers had to transport, apply, and suffer exposure to these toxic and banned pesticides as a part of their job. Autumn Ness, director of Beyond Pesticides’ Hawai’i organic land management program,  said: “In small island communities of HawaiĘ»i, Monsanto workers are our friends and family. Folks live just downwind and next door to these fields.  We are concerned about their health, and those concerns are glaringly missing from news reports and in the distribution agreements for the community service payments.” There are two […]

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30
Nov

CA Supreme Court Upholds $87M Award in Glyphosate Damage Lawsuit, Bayer/Monsanto Challenge Fails

(Beyond Pesticides, November 30, 2021) The chronicle of developments in the glyphosate saga has just grown longer: the California Supreme Court has rejected a request by Bayer AG for review of the August 2021 First District Court of Appeal (San Francisco) ruling, for the plaintiffs, that Monsanto knowingly marketed a product — Roundup — whose active ingredient (glyphosate) could be dangerous. The $87 million in damages awarded to the plaintiffs in the litigation, Alberta and Alva Pilliod, has thus survived Bayer’s challenge. This highest state court decision racks up another loss for Bayer (which now owns the Monsanto “Roundup” brand) — despite its dogged insistence, throughout multiple lawsuits (with many more still in the pipeline), that glyphosate is safe. Beyond Pesticides has covered the glyphosate saga extensively; see its litigation archives for multiple articles on glyphosate lawsuits. Glyphosate has been the subject of a great deal of public, advocacy, and regulatory attention, as well as the target of thousands of lawsuits — particularly since the 2015 declaration by the IARC (International Agency for Research on Cancer) that the compound is a likely human carcinogen. In June 2020, facing approximately 125,000 suits for Roundup’s role in cancer outcomes, Bayer announced a $10 billion […]

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