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Archive for the 'Litigation' Category


11
Feb

WV Residents Sue Bayer, Court Orders Temporary Injunction on Chemical Production

(Beyond Pesticides, February 11, 2011) In response to a lawsuit that residents in the town of Institute, WV filed against the chemical manufacturer Bayer CropScience, Chief U.S. District Judge Joseph R. Goodwin ordered the company to stop production of the highly toxic chemical methyl isocyanate (MIC) -responsible for killing tens of thousands and chronically injuring […]

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09
Feb

Groups to Sue USDA Over GE Alfalfa as Agency Announces Partial Deregulation of GE Sugar Beets

(Beyond Pesticides, February 9, 2011) Last Friday the U.S. Department of Agriculture (USDA) announced plans to allow the U.S. sugar beet industry to continue growing Monsanto’s “Roundup Ready,” genetically engineered (GE) sugar beets, despite the incompletion of an environmental impact statement (EIS). This comes one week after USDA decided to fully deregulate GE alfalfa seed, […]

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24
Jan

Agency Sued for Failure to Protect Endangered Species from Pesticides

(Beyond Pesticides, January 24, 2011) Citing the U.S. Environmental Protections Agency’s failure to protect over 200 endangered species from pesticides under the Endangered Species Act (ESA), two national environmental groups filed on January 20, 2011 a lawsuit to force agency implementation of the act. In what is penned by the groups, the Center for Biological […]

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12
Jan

Ruling Strengthens Case for Organic Farmers Impacted by Pesticide Drift

(Beyond Pesticides, January 12, 2011) A Santa Cruz, California, organic herb grower has the right to sue neighboring farm for ‘pesticide drift’. This according to a California’s 6th District Court of Appeal in San Jose which upheld Jacobs Farm/Del Cabo’s right to sue the pesticide applicator, Western Farm Service, and let stand the $1 million […]

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06
Jan

Methyl Iodide Use Challenged by Farmworkers, Environmental Groups

(Beyond Pesticides, January 6, 2011) On Monday, a coalition of farmworkers, community activists and environmental health organizations announced a lawsuit challenging the approval of the toxic fumigant methyl iodide for use on California’s strawberry fields, urging the new Governor Jerry Brown to reverse the decision. The groups also submitted comments from over 52,000 members of […]

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16
Dec

Group Plans to Sue Agencies over Threatened Amphibian

(Beyond Pesticides, December 16, 2010)The Center for Biological Diversity notified the U.S. Fish and Wildlife Service (USFWS) and U.S. Environmental Protection Agency (EPA) December 15 of its intent to sue the agencies for failing to study and act on threats posed by more than 60 pesticides to the threatened California red-legged frog. A 2006 legal […]

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07
Dec

Judge Orders Destruction of GE Sugar Beets

(Beyond Pesticides, December 7, 2010) Last week, Federal District Judge Jeffrey S. White issued a preliminary injunction ordering the immediate destruction of hundreds of acres of genetically engineered (GE) sugar beet seedlings planted in September after finding the seedlings had been planted in violation of federal law. The ruling comes in a lawsuit filed by […]

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02
Dec

Public Comments Sought by EPA on Chlorpyrifos Decision

(Beyond Pesticides, December 2, 2010) The U.S. Environmental Protection Agency (EPA) just announced that it is seeking public comment until December 15 on a draft stipulation in U.S. District Court for the Southern District of New York that will suspend further litigation with the Natural Resources Defense Council (NRDC) and Pesticide Action Network North America […]

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01
Dec

EPA Sued to Enforce Endangered Salmon Protections

(Beyond Pesticides, December 1, 2010) Several fishing and environmental conservation groups are suing the U.S. Environmental Protection Agency (EPA) for failing to limit the use of six agricultural pesticides to protect salmon. Restrictions on the use of six pesticides in Oregon, Washington and California shown to harm endangered salmon and steelhead, were ordered after a […]

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21
Oct

EPA Submits Human Testing Rule Revisions to Secretary of Agriculture

(Beyond Pesticides, October 21, 2010) Last week, the U.S. Environmental Protection Agency (EPA) announced that it has forwarded to the Secretary of Agriculture a draft proposed rule to amend EPA’s protocol for the testing of pesticides on humans. This draft proposed rule is a result of a settlement agreement reached on June 2010 in a […]

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29
Sep

Antibacterial Soap Hit with Class Action Suit for False Anti-Germ Claims

(Beyond Pesticides, September 29, 2010) A class action complaint claims Dial Corp. defrauds consumers about its Dial Complete soap by falsely claiming that it ‘kills 99.99% of germs,’ when in fact the product provides no benefit over washing with regular soap and water. The suit states that Dial Corp.’s claims are deceptive and misleading, designed […]

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13
Sep

Genetically Engineered Sugar Beets Face New Legal Challenge

(Beyond Pesticides, September 13, 2010) Several groups opposed to genetically engineered (GE) foods filed suit in San Francisco against the USDA on Thursday to stop the agency from sidestepping National Environmental Policy Act (NEPA) regulations and allowing the planting of GE sugar beets. Government approval of the crop was revoked in August; however, USDA announced […]

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17
Aug

Blueberry Farmers’ Suit Against Pesticide Maker Moves Ahead

(Beyond Pesticides, August 17, 2010) A federal appeals court has revived the fraud and negligent misrepresentation claims by blueberry farmers in New Jersey, who say that a pesticide made by Novartis Crop Protection, Inc. reacted badly with fungicides and ruined their crops. Declaring that the lower court improperly dismissed the farmers’ state law claims as […]

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30
Jul

Lawsuit Seeks Timeline for FDA Action on Antibacterial Pesticide Triclosan

(Beyond Pesticides, July 30, 2010) Adding to a campaign that Beyond Pesticides launched in 2004 to alert the public and pressure government to restrict the highly toxic antibacterial chemical triclosan -commonly found in antibacterial soaps and household and consumer products, the Natural Resources Defense Council (NRDC) filed a lawsuit earlier this week against the Food […]

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23
Jun

Supreme Court Ruling Offers Some Protection from GE Crops

(Beyond Pesticides, June 23, 2010) The Supreme Court ruling in Monsanto v Geersten Seed Farms on June 21, 2010 appears to favor the St. Louis-based biotech giant, but may offer some protection from genetically engineered (GE) crops. In a 7 to 1 decision, the high court overturned a lower court injunction on the planting of […]

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21
Jun

U.S. EPA Settles Human Pesticide Testing Lawsuit

(Beyond Pesticides, June 21, 2010) Pesticide experiments using people as test subjects will have stricter federal rules to follow under a new agreement reached on June 17, 2010 between the U.S. Environmental Protection Agency (EPA) and public health groups, farm worker advocates and environmental organizations. “People should never have been used as lab rats for […]

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02
Jun

Dole Proposes New Settlements for Sterile Plantation Workers

(Beyond Pesticides, June 2, 2010) After decades-long litigation over the use of the toxic pesticide dibromochloropropane, or DBCP, in the 1970′s which has been linked to sterility and has since been banned, Dole Food Co. is proposing new settlements for farm workers claiming they were injured by exposure to the pesticide. A request has been […]

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30
Apr

U.S. Supreme Court Hears Its First GE Crop Case

(Beyond Pesticides, April 30, 2010) The U.S. Supreme Court heard oral arguments on Tuesday in a case that prohibited Monsanto from selling genetically engineered (GE) alfalfa seed. A decision on the case of Monsanto Co. v. Geertson Seed Farms, the first time the Supreme Court has heard a case involving a genetically engineered crop, is […]

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02
Mar

Groups Sue to Block GE Crops from Wildlife Refuge

(Beyond Pesticides, March 2, 2010) A lawsuit filed March 1, 2010 in federal court against the U.S. Fish and Wildlife Service seeks to compel the Service to uproot genetically engineered (GE) crops from its Bombay Hook National Wildlife Refuge in Delaware. As many as 80 other national wildlife refuges across the country now growing GE […]

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26
Feb

U.S. Supreme Court Lets Stand Pesticide Use Permitting to Protect Waterways

(Beyond Pesticides, February 26, 2010) The U.S. Supreme Court refused Monday to review a U.S.Circuit Court decision in National Cotton Council (NCC) v. Environmental Protection Agency (EPA), upholding EPA’s authority to subject pesticide use to a permitting process under the Clean Water Act (CWA). In January of 2009, the 6th Circuit Court of Appeals upheld […]

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08
Feb

EPA Sued for Failure to Protect Endangered Species from Pesticides

(Beyond Pesticides, February 8, 2010) The Center for Biological Diversity filed a notice of intent to sue the Environmental Protection Agency (EPA) last week. The lawsuit argues that EPA violated the Endangered Species Act when it approved 394 pesticides known to be harmful to humans and wildlife, without consulting with wildlife regulatory agencies as to […]

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25
Jan

GE Alfalfa Case to be Heard by U.S. Supreme Court

(Beyond Pesticides, January 25, 2010) For the first time, a case involving a genetically engineered crop will be heard by the U.S. Supreme Court. The case, Monsanto v. Geerston Seed Farms, is the most recent development in an ongoing battle to stop the use of genetically modified alfalfa seed. The seed is modified to be […]

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20
Jan

Federal Complaint with USDA Filed Against False “Organic” Personal Care Brands

(Beyond Pesticides, January 20, 2010) The Organic Consumers Association (OCA), along with certified organic personal care brands Dr. Bronner’s Magic Soaps, Intelligent Nutrients, and Organic Essence, last week filed a complaint with the U.S. Department of Agriculture (USDA) National Organic Program (NOP), seeking action to stop some personal care manufacturers from, according to the petitioners, […]

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