Archive for the 'Litigation' Category
15
May
(Beyond Pesticides, May 15, 2019) On Monday, a California jury awarded plaintiffs in the third federal Roundup case over $2 billion in punitive and compensatory damages. The jury found that Monsanto âengaged in conduct with malice, oppression or fraud committed by one or more officers, directors or managing agents of Monsanto.â Plaintiffs Alva and Alberta Pilliod, a married couple in their seventies, used Roundup weed killer since the 1970s to maintain their yard and other owned properties. The couple did not wear protective gear when using Roundup because Monsanto marketed the product as âsafe.â Alva was diagnosed with non-Hodgkinâs lymphoma (NHL) in 2011; Albertaâs diagnosis followed in 2015. The Pilliod v. Monsanto jury came to their decision based on evidence, not only of the herbicideâs carcinogenicity, but also of Monsantoâs role in suppressing and discredit.ing independent findings regarding Roundup toxicity. In an interview with U.S. Right to Know’s Carey Gillam, co-lead trial counsel Michael Miller said, âUnlike the first two Monsanto trials, where the judges severely limited the amount of plaintiffsâ evidence, we were finally allowed to show a jury the mountain of evidence showing Monsantoâs manipulation of science, the media and regulatory agencies to forward their own agenda despite […]
Posted in Glyphosate, Litigation, non-Hodgkin's Lymphoma, Uncategorized | 1 Comment »
04
Jan
(Beyond Pesticides, January 4, 2019) First, the good news: plaintiffs in a 2013 lawsuit against the Environmental Protection Agency (EPA) can allow themselves a small victory dance. In that suit, plaintiffs made a number of claims related to EPAâs failure to protect pollinators from dangerous pesticides, its poor oversight of the bee-killing pesticides clothianidin and thiamethoxam, and its practice of âconditional registration,â as well as labeling deficiencies. The parties in the suit negotiated a settlement, as directed by a federal judge (see below), that was signed in October 2018 and portends some positive movement in curtailing the use of some toxic pesticides [12 products, each of which contains chlothianidin or thiamathoxam as an active ingredient] that harm pollinators in particular, as well as other organisms and the environment. It also establishes a public process for EPA to consider requiring whole formulations of pesticide products during registration, and redefining EPA’s interpretation of law that allows seeds treated with bee-toxic pesticides to escape regulation as a pesticide. The suit was brought by a number of individual beekeepers and several organizations, including Beyond Pesticides, Center for Food Safety (CFS), Sierra Club, and Center for Environmental Health, and named as defendants Steven Bradbury, then-director of the […]
Posted in Bayer, Clothianidin, Environmental Protection Agency (EPA), Litigation, neonicotinoids, Pollinators, Take Action, Thiamethoxam, Uncategorized, Wildlife/Endangered Sp. | No Comments »
26
Sep
(Beyond Pesticides, September 26, 2018)Â Beyond Pesticides, GMO Free USA, and Organic Consumers Association filed a lawsuit against Pret A Manger restaurant chain for the deceptive marketing and sale of certain bread and other baked goods as ânatural food,â after the products tested positive for glyphosate, a component of Roundup weedkiller. The lawsuit charges that Pret exploits consumersâ preferences and willingness to pay more for products marketed as ânatural.â âConsumers expect Pretâs food to be free of synthetic pesticides, including glyphosate. Glyphosate, patented as a chelator and an antibiotic, is linked to adverse health effects including cancer, infertility and non-alcoholic fatty liver and kidney diseases. Glyphosate shouldnât be present in the food system at all, but a company that willfully misrepresents its products needs to be held accountable,â said Diana Reeves, executive director of GMO Free USA. Jay Feldman, executive director of Beyond Pesticides said: âConsumers want truthful information on product ingredients, with labeling and advertising that is transparent about production practices and residues of toxic materials. Given the widespread use of pesticide-intensive practices, this lawsuit establishes the responsibility of purveyors of food products to know the origins of their product ingredients before making a ânaturalâ claim.â Ronnie Cummins, Organic Consumers […]
Posted in Glyphosate, Litigation, Uncategorized, Washington D.C. | No Comments »
21
Sep
(Beyond Pesticides, September 21, 2018) Monsanto, now an integrated unit of Bayer AG, is asking Superior Court Judge Suzanne Bolanos to reverse the verdict, reduce the award, or grant a new trial for the company after a jury determined that a California groundskeeper contracted non-Hodgkinâs lymphoma from spraying glyphosate for years. Dewayne Johnson, who maintained the grounds of a California Bay-area school district, was awarded $289 million by a jury, which found that Monsanto acted with âmalice or oppression.â Mr. Johnsonâs case was the first of its kind to go to trial â fast tracked based on the severity of his illness â but over 8,000 similar lawsuits are pending in U.S. courts. Bayerâs Monsanto claims that the verdict does not reflect the scientific data. âWhile we are sympathetic to Mr. Johnson and his family, glyphosate is not responsible for his illness, and the verdict in this case should be reversed or set aside,â Bayer said in a September 18 statement. While Bayer contends that glyphosate does not result in individual applicators contracting cancer, this view is at odds with a 2015 designation from the International Agency for Research on Cancer (IARC), which determined the chemical is a probable carcinogen, […]
Posted in Bayer, California, Glyphosate, Lawns/Landscapes, Litigation, Monsanto, non-Hodgkin's Lymphoma, Uncategorized | No Comments »
16
Aug
(Beyond Pesticides, August 16, 2018) The jury verdict last week awarding groundskeeper Dewayne âLeeâ Johnson $289 million in compensatory and punitive damages because of the carcinogenic effect caused by the herbicide glyphosate/Roundup, which he used, brought to the forefront a long standing concern about inadequate regulation of hazardous pesticides and chemical industry corruption. In the case, the jury heard from numerous scientists and medical experts, including Christopher Portier, Ph.D., who has researched the toxicity and carcinogenicity of glyphosate. One of the challenges in the court case was overcoming the lack of regulatory action on glyphosate, despite the overwhelming science indicating its adverse effects, including its connection to non-Hodgkin lymphoma. Globally, food safety agencies have spent the past few years insisting that glyphosate is not carcinogenic. Health and environment advocates point to the 2015 International Agency for Research on Cancer (IARC) designation of glyphosate as a âprobable carcinogenâ as the knell to which regulators, pesticide users, and the public should pay attention. The jury listened and considered the scientific facts. Glyphosate has perhaps been the subject of more controversy than any other pesticide in recent memory. Advocates in the scientific and environmental realms note the multiple risks its use represents, while […]
Posted in Cancer, Environmental Protection Agency (EPA), Glyphosate, Litigation, Monsanto, non-Hodgkin's Lymphoma, Uncategorized | No Comments »
15
Aug
(Beyond Pesticides, August 15, 2018) The recent court ruling awarding $289 million in compensatory and punitive damages to a groundskeeper after he contracted cancer while working with Monsantoâs Roundup (glyphosate) is having a ripple effect around the globe. In light of the decision, the environmental group Greenpeace is calling on the Australian government to suspend the sale of Roundup. Meanwhile, German lawmakers are eager to see glyphosate banned. A California jury found Monsanto liable in a lawsuit filed by a man who worked as as groundskeeper and used the companyâs glyphosate-based herbicide, which he proved caused his cancer. The jury found that Monsanto âknew for decadesâ the product was potentially dangerous and acted âwith malice or oppressionâ by failing to warn Johnson of the risks. Now Greenpeace is calling on the Australian government to take âurgent actionâ to suspend the sale of the weedkiller. âWe need to be urgently exercising the precautionary principle,â said Jamie Hanson, Greenpeaceâs head of campaigns. âUse of this dangerous product should be severely restricted. In Australia, the U.S. court decision sent shares of Australian pesticide-maker, Nufarm Ltd, tumbling almost 17 percent to a more than two-year low. Analysts estimate Nufarm earns about a fifth of its […]
Posted in Glyphosate, Litigation, Monsanto | No Comments »
12
Aug
(Beyond Pesticides, August 12, 2018) In a stunning legal victory for a man who contracted non-Hodgkin lymphoma (NHL) after using the herbicide glyphosate (Roundup), groundskeeper Dewayne Johnson won a $289 million jury verdict against the chemical’s manufacturer, Monsanto. The jury on August 10, 2018 awarded the 46-year old Mr. Johnson $39 million in compensatory damages, and $250 million in punitive damages. The jury found that Monsanto acted with âmalice or oppression.â “We applaud and thank Mr. Johnson, and his family and attorneys, for persevering in this litigation, which sets a critically important standard for protecting people’s right not be poisoned by pesticides in the marketplace,” said Jay Feldman, executive director of Beyond Pesticides. Mr. Feldman continued: “While we know that the jury verdict cannot restore Mr. Johnson’s health, we believe that the verdict is a clarion call to manufacturers that ignore the devastating impact that their products can have on unsuspecting workers, consumers, and families. We look forward to the day in the not-too-distant future when we recognize as a society that products like glyphosate (Roundup) are not necessary, and effective and affordable land and building management can be achieved without toxic chemicals. The case should also signal to all […]
Posted in California, Glyphosate, Litigation, Monsanto, non-Hodgkin's Lymphoma, Uncategorized | 1 Comment »
10
Aug
(Beyond Pesticides, August 10, 2018) The U.S. Environmental Protection Agency (EPA) must ban a widely used organophosphate pesticide linked to brain damage in children, the 9th Circuit Court of Appeals ruled yesterday. The appellate court ordered EPA to finalize its proposed ban on chlorpyrifos, produced by DowDupont, based on undisputed findings that the pesticide is unsafe for public health, and particularly harmful to children and farmworkers. The ruling comes in a lawsuit brought by a coalition of labor and health organizations, represented by Earthjustice. In the absence of EPA action, states have started to stand up. In May, the state legislature in  Hawaii passed legislation, which took effect in May, to become the first state to ban the chemical. On July 30, the California Department of Pesticide Regulation (DPR) released its scientific assessment concluding that the organophosphate insecticide, chlorpyrifos, should be listed as a Toxic Air Contaminant (TAC) in the state based on evidence of its neurological effects and exposure risks of concern. Legislation is also pending in Congress to ban chlorpyrifos and similar pesticides nationwide. Chlorpyrifos is a dangerous nerve agent pesticide that can damage the developing brains of children. Prenatal and early life exposure to chlorpyrifos is linked to lower birth weight […]
Posted in Children, Chlorpyrifos, Dow Chemical, DuPont, Environmental Protection Agency (EPA), Litigation, Nervous System Effects, Uncategorized | 1 Comment »
17
Jul
(Beyond Pesticides, July 17, 2018) Last week, closing arguments were made in the 9th Circuit Court of Appeals challenging the U.S. Environmental Protection Agencyâs (EPA) refusal to ban chlorpyrifos, the pesticide science links to a host of neurological impairments in children. A coalition of labor and health organizations represented by Earthjustice asked a panel of three judges to overturn former EPA Administrator Scott Pruittâs decision not to ban chlorpyrifos. In June 2017, a dozen health, labor, and civil rights organizations represented by Earthjustice filed an administrative appeal to EPA urging the federal government to ban chlorpyrifos. The attorneys general of New York, California, Washington, Massachusetts, Maine, Maryland and Vermont also filed their own appeal calling for a ban. The groups also filed a court case that asked the 9th Circuit Court in San Francisco to decide the issues presented in the administrative appeal because of the likelihood of a delayed resolution by the EPA. This was the last hearing where the health and labor groups, as well as states, were able to present their arguments to the court of appeals and answer the judgesâ questions. The New York Attorney Generalâs office also presented arguments on behalf of seven states, which intervened in […]
Posted in Chlorpyrifos, Environmental Protection Agency (EPA), Litigation | No Comments »
30
May
(Beyond Pesticides, May 30, 2018) Six environmental groups have sued the Trump Administration for reversing a long standing interpretation of the Migratory Bird Treat Act (MBTA) that provides migratory bird protections from incidental killing or “taking” caused by industrial activities. The lawsuit, National Audubon Society v. Department of the Interior, was filed May 24, 2018 in the Southern District of New York, challenging as âunlawful and arbitrary and capricious the December 22, 2017 Solicitorâs Memorandum M-37050, which was issued by the office of the Solicitor of the Department of the Interior (âDOIâ) and reverses Defendants DOIâs and the U.S. Fish and Wildlife Serviceâs (âFWSâ or âServiceâ) longstanding interpretation and implementation of the Migratory Bird Treaty Act of 1918.â The Act’s prohibition on the killing or “taking” of migratory birds has long been understood to extend to incidental take from industrial activities â meaning unintentional but predictable and avoidable killing. Last year, the Trump Administration issued a Memorandum gutting federal protections for migratory birds under the Migratory Bird Treaty Act (MBTA). The plaintiffs, including American Bird Conservancy, Center for Biological Diversity, Defenders of Wildlife, National Audubon Society, National Wildlife Federation, and the Natural Resources Defense Council, are seeking to protect waterfowl, […]
Posted in Birds, contamination, Federal Agencies, Fish and Wildlife Service (FWS), Litigation, Pesticide Regulation, Wildlife/Endangered Sp. | No Comments »
25
Apr
(Beyond Pesticides, April 25, 2018) A class-action lawsuit against two manufacturers of neonicotinoid insecticides is moving ahead in Quebec, Canada after an appeal to block the case by the Canadian government and the chemical companies, Bayer and Syngenta, was dismissed. In February 2018, the case, brought by a beekeeper, was allowed to proceed to trial by the Quebec Superior Court. Quebec queen bee breeder, Steve Martineau, conducted tests on water and his dead and dying bees and found traces of neonicotinoids. His suit alleges that Bayer and Syngenta were negligent in the manufacture and sale of neonicotinoids in Quebec, and are responsible for damages that he and other class members suffered under Article 1457 of the Quebec Civil Code. Bayer and Syngenta challenged the application on a number of grounds including the assumption that they had manufactured the neonicotinoids which killed Martineau’s bees. The class in this case was authorized for all persons in Quebec who own or owned bees in the affected area since 2006. Mr. Martineau estimates he has lost about $20,000 a year to present due to the effects of neonicotinoids on his bee population (Martineau v. Bayer CropScience Inc. CALN/2018-007) “We’re suing on behalf of Quebec beekeepers whose bees were […]
Posted in Bayer, Canada, Litigation, neonicotinoids, Pollinators, Syngenta | No Comments »
24
Apr
(Beyond Pesticides, April, 24, 2018) On April 19, 2018, an Appellate Court in California sided with the State of California, affirming that Monsanto’s glyphosate can be listed as a probable carcinogen under the state’s Proposition 65 and rejecting Monsantoâs challenge to law. The state will not only move ahead with warning labels on products that contain glyphosate but also prohibit discharge of the pesticide into public waterways. Monsanto’s lawsuit challenged the 2015 decision by California’s Office of Environmental Health Hazard Assessment (OEHHA) to list glyphosate, the active ingredient in Monsanto’s herbicide, Roundup, under California’s Proposition 65. Proposition 65 requires notification and labeling of all chemicals known to cause cancer, birth defects or other reproductive harm, and prohibits their discharge into drinking waters of the state. In 2015, the International Agency for Research on Cancer (IARC) of the World Health Organization (WHO) concluded that glyphosate is “probably carcinogenic.” Under the Labor Code listing mechanism of Proposition 65, substances identified by IARC must be listed in the state of California as known to cause cancer. This listing requires warning labels on products and the listed substances are subject to limits on discharges into surface waters. California added glyphosate to the list of cancer-causing chemicals in July […]
Posted in California, Glyphosate, Litigation, Monsanto, Pesticide Regulation | No Comments »
27
Mar
(Beyond Pesticides, March 27, 2018) In a major win for farmworker and health groups, the U.S. District Court for the Northern District of California ruled last Wednesday the U.S. Environmental Protection Agency (EPA) illegally delayed implementation of key pesticide rules that in part prevent minors from working with the most dangerous pesticides. The rule revised rules mandate pesticide applicators be at least 18 years old. According to the EPA, there are about one million certified applicators nationwide. Before delaying implementation, the agency said the revised rule could prevent some 1,000 acute poisonings every year. In addition to requiring applicators to be at least 18-years-old, the revised 2017 Certification of Pesticide Applicators (CPA) rule also improves the quality of training materials and says certified pesticide applicators must be able to read and understand the instructions. The main purpose of the CPA rule is to protect workers and the public from poisonings, by ensuring that those who handle the most dangerous pesticides are properly trained and certified. “We commend the court for recognizing that this important pesticide safeguard is needed to prevent injury to farmworkers and the public,â said Stacey Geis, Earthjustice managing attorney. âThis ruling puts EPA Administrator Scott Pruitt on notice that the courts […]
Posted in Environmental Protection Agency (EPA), Farmworkers, Litigation, Pesticide Regulation | No Comments »
23
Feb
(Beyond Pesticides, February 23, 2018) Agrichemical corporation Monsanto has lost its bid to halt a statewide ban on the use of its specialty dicamba herbicide in Arkansas. Despite a lengthy process of evaluation and public comment that led to a prohibition on the use of drift-prone dicamba herbicides during the growing season on Arkansas farms, Monsanto made one last-ditch attempt to stop the law from going into effect by suing the entire state. With the industryâs loss, Arkansas is on track to implement the toughest restrictions against dicamba in the U.S. State Circuit Court Judge Chris Piazza dismissed the lawsuit last week based on a recent Arkansas Supreme Court ruling, which held that the state cannot be made a defendant in court. Monsanto’s lawsuit argued against the makeup of the stateâs Plant Board, which voted to prohibit the companyâs product last November. Monsanto also made claims that the state did not consider the economic damage a ban on the herbicide would cause, despite not seeking monetary restitution in court. Beyond Pesticides led a nationwide campaign to urge action by the Arkansas Plant Board to ban dicamba. Dicamba is an herbicide originally registered for use in 1967 to control broadleaf weeds. […]
Posted in Agriculture, Arkansas, Dicamba, Glyphosate, Litigation, Monsanto, Pesticide Drift, Uncategorized | No Comments »
13
Feb
(Beyond Pesticides, February 13, 2018) Arguments by the U.S. Food and Drug Administration (FDA) to withhold from public and court review key documents revealing how it approved the first genetically engineered (GE) salmon were rejected by the Ninth Circuit Court of Appeals. Now, documents detailing how the agency reviewed and approved the GE animal will have to be produced for court review in the ongoing case challenging its controversial approval. Thousands of pages of government documents pertaining to the 2015 approval of GE salmon for human consumption were being withheld even after plaintiffs challenging the approval demanded that FDA provide all the information the agency considered in its decision. The case, Institute for Fisheries Resources v. Burwell, Case No. 3:16-cv-01574-VC, brought by the Center for Food Safety (CFS) and Earthjustice on behalf the Institute for Fisheries Resources, Pacific Coast Federation of Fishermenâs Associations, Golden Gate Salmon Association, Kennebec Reborn, Friends of Merrymeeting Bay, Cascadia Wildlands, Ecology Action Center, Friends of the Earth, Center for Biological Diversity, Food and Water Watch, and the Quinault Indian Nation, was filed in 2016 after FDA approved its first-ever GE food animal, an Atlantic salmon engineered to grow quickly. The lawsuit challenges FDAâs claim that […]
Posted in Federal Agencies, Genetic Engineering, Litigation | No Comments »
22
Dec
Thank you for your support and collaboration. Onward in 2018! (Beyond Pesticides, December 22, 2017)  We deeply appreciate your donation to our program in 2017 and it is easy to donate HERE. Year in Review At Beyond Pesticides, we collaborate with organizations and advocate across the country to get our message out on the threat that pesticides pose to human health and the environment. We support local action to stop this threat. And, we assist communities nationwide with the adoption of organic management practices that are more effective and protective than chemical-intensive practices. The partnerships that have been established are, at a more rapid pace, resulting in the adoption of land management practices that are supported by Beyond Pesticidesâ strategic vision for a world free of toxic pesticides. Information for Action Beyond Pesticides expanded its role in the forefront of pesticide and organic advocacy with our Action of Week  and Q&A of the Week, in addition to our Daily News, which identifies and delves into key science, policy, and actions that inform local action. The Summer issue of our journal, Pesticides and You, highlighted David Montgomery’s talk at Beyond Pesticidesâ National Forum on the importance of soil microbiota and gut microbiome to healthy ecosystems […]
Posted in Agriculture, Alternatives/Organics, Chlorpyrifos, Glyphosate, Lawns/Landscapes, Litigation, Microbiata, Microbiome, Monsanto, neonicotinoids, Pesticide Regulation, Take Action, Uncategorized | No Comments »
11
Oct
(Beyond Pesticides, October 11, 2017) Last week, the Natural Resources Defense Council (NRDC) filed a lawsuit challenging the U.S. Environmental Protection Agencyâs (EPA) registration of neonicotinoid pesticides – acetamiprid, dinotefuran, and imidacloprid, and the agencyâs failure to first consult with the U.S. Fish and Wildlife Service on the pesticidesâ impact on threatened or endangered species. The lawsuit, filed in the U.S. District Court for the District of Columbia, challenges the failure of the federal government to evaluate the impacts of neonicotinoid pesticides (âneonicsâ) on threatened and endangered species, like the rusty patched bumble bee, the black-capped vireo, and the San Bruno elfin butterfly. The suit cites widespread presence of neonics in the environment which presents serious risks to wildlife across large portions of the country. It contends that they pose significant adverse consequences to threatened and endangered species. According to the lawsuit, because of toxicity and pervasive environmental contamination, NRDC is now challenging EPAâs registrations of pesticide products containing one of three main neonic active ingredientsâacetamiprid, dinotefuran, and imidaclopridâand seeks vacatur of those registrations until EPA complies with the law. âThe EPA ignored endangered bees, butterflies, and birds when it approved the widespread use of neonics,â said Rebecca Riley, a senior […]
Posted in acetamiprid, dinotefuron, Environmental Protection Agency (EPA), Imidacloprid, Litigation, neonicotinoids, Wildlife/Endangered Sp. | No Comments »
26
Sep
(Beyond Pesticides, September, 26, 2017) A congressionally mandated study belatedly released by the U.S. Department of Agriculture (USDA) questions the feasibility of electronic disclosures as a means of providing consumers with information on genetically engineered (GE) food ingredients. The study, which should have been published in July 2017 by law, confirms concerns held by many that âelectronic and digital disclosuresâ (QR codes) will pose technological challenges for consumers, limiting access to food information. The study was required by the 2016 Federal Bioengineered Food Disclosure Standards Act (the âGE Labeling Actâ) to help inform the establishment of federal standards for labeling by July 2018. USDA issued the study just days after the Center for Food Safety (CFS) filed a lawsuit challenging the agency’s unlawful withholding of the required study. Twelve days after the lawsuit was submitted on August 24, USDA publicly released the study p. The labeling law allows USDA to consider several options: on-package text, a GE symbol on packages, or âelectronic or digital disclosures,â which would require shoppers to use a smart phone to scan packages to access a website or call a 1-800 number for every single product to find out if it was produced with genetic engineering. The study is crucial in analyzing […]
Posted in Genetic Engineering, Labeling, Litigation | No Comments »
07
Sep
(Beyond Pesticides, September 7, 2017) Last month, the Center for Food Safety (CFS) filed a federal lawsuit against the Trump Administration for its failure to comply with the 2016 federal law on the labeling of genetically engineered (GE) food, National Bioengineered Food Disclosure Law. Secretary of Agriculture Sonny Perdue and the U.S. Department of Agriculture (USDA) are charged with implementing the new labeling rules, and part of that process is a study on âelectronic and digital disclosuresâ (QR codes) for GE foods, as opposed to on-package text. That study was required to be finished by July 2017, with an opportunity for public commetn, but USDA never met it legal obligation. The federal lawsuit is seeking declaratory and injunctive relief against USDA regarding that agencyâs failure to comply with mandatory deadlines established by the 2016 Federal Bioengineered Food Disclosure Standards Act (the âGE Labeling Actâ). The suit contends that the âAmerican public deserves full disclosure, the right to transparency and free choice in the marketplace.â Consumers have advocated for mandatory labeling of GE foods for nearly two decades. Polls show that over 90% of U.S. residents support requiring the labeling of GE foods, as 64 countries already do, including many U.S. trade partners […]
Posted in Labeling, Litigation | No Comments »
23
Aug
(Beyond Pesticides, August 23, 2017) The Center for Food Safety (CFS) filed a federal lawsuit to stop the U.S. Army Corps of Engineers from moving forward with an expansion of industrial shellfish aquaculture on the Washington state coast without any water quality or marine life protections from pesticide use and habitat loss. This is just the latest in efforts to protect sensitive coastal areas in Washington from shellfish farming that is contributing to increased pesticide use and environmental degradation. The lawsuit, filed in the U.S. District Court for the Western District of Washington earlier this month, challenges the U.S. Army Corps of Engineers (Corps) issuance of a nationwide permit (NWP 48), which, according to the suit, âgreenlights a massive expansion of shellfish aquaculture with entirely inadequate protections.â The Corps has a duty to protect public water from adverse impacts, but potential environmental impacts have not properly assessed or considered, the suit claims, in violation of the Corpsâ environmental protection mission. The lawsuit argues that the Corps, when it approved the Washington state permit, violated numerous environmental laws, including the Clean Water Act, National Environmental Policy Act, and Administrative Procedure Act. According to CFS, the permit issued will allow shellfish aquaculture acreage […]
Posted in Aquaculture, Litigation, Washington, Wildlife/Endangered Sp. | 1 Comment »
04
Aug
(Beyond Pesticides, August 3, 2017) A Circuit Court for the state of Maryland  on Thursday struck down key components of the landmark Healthy Lawns Act pesticide ordinance passed in Montgomery County, Maryland in 2015. The courtâs decision, issued by Judge Terrence McGann, eliminates pesticide use restrictions on private property, but does not touch provisions limiting toxic pesticides used on public, county owned land. Grassroots advocates who supported passage of the Healthy Lawns Act to protect children, families and the environment are dismayed by the courtâs ruling, but nevertheless vow to keep up the fight for protections from hazardous pesticides used in their community. âThe court should have recognized that, in restricting lawn pesticides throughout its jurisdiction, Montgomery County is exercising a local democratic principle under Maryland and federal law to ensure the safety of the community, including children, pets, and the environment, from a known hazard not adequately regulated by the U.S. Environmental Protection Agency or the state,â said Jay Feldman, executive director of Beyond Pesticides. âAfter extensive hearings and study, the county council understands that toxic chemicals are dangerous and not needed to have beautiful lawns and landscapes,â Mr. Feldman said. By passing the Healthy Lawns Act, the Montgomery […]
Posted in Lawns/Landscapes, Litigation, Maryland, Preemption, Uncategorized | No Comments »
22
Jun
(Beyond Pesticides, June 22, 2017)Â On Tuesday, a lawsuit was filed in a Wisconsin federal court against Monsanto, the manufacturer of Roundup brand herbicides, and Scotts Miracle-Gro Company, a marketer of Roundup brand products. The complaint, filed by six consumers from states around the country, focuses on the promotion, marketing, and sale of Roundup brand products, rather than physical injury from the pesticide products. The lawsuit alleges that the Monsanto and Scotts label, advertise, and promote their Roundup products with the âfalse statement that Roundupâs active ingredient, glyphosate, targets an enzyme that is not found âin people or pets.ââ Plaintiffs assert that this is a false and deceptive claim, as this enzyme is found in the gut bacteria of people and pets and glyphosate can disrupt the health and functioning of their immune system. This suit follows on the heels of and mirrors the lawsuit filed by Beyond Pesticides and Organic Consumers Association in April 2017 against Monsanto for misleading the public by labeling the weedkiller Roundup as âtarget[ing] an enzyme found in plants but not in people or pets.â Monsanto aggressively markets Roundup as safe for humans and animals, despite newer studies indicating that glyphosate may be carcinogenic and affect […]
Posted in Glyphosate, Label Claims, Litigation, Monsanto, Scotts MiracleGro | No Comments »
19
Jun
(Beyond Pesticides, June 19, 2017) Farmworker and health organizations have sued the U.S. Environmental Protection Agency (EPA) following the agency’s announcement last month that it will delay for one year the implementation of a final rule that revised and updated protections for certified pesticide applicators. Earthjustice and Farmworker Justice are co-counsel on the case. The rule, the Certification of Pesticide Applicators (CPA) rule, includes much needed requirements like mandatory age minimums, as well as better training for pesticide applicators to protect workers and the public from poisoning by the most toxic pesticides. First enacted in 1974, the Certification of Pesticide Applicators Rule was revised and made final on January 4, 2017, and was scheduled to go into effect March 6, 2017. It outlines regulations regarding the certification of applicators of restricted use pesticides (RUPs)- some of the most hazardous pesticides. The rule ensures that applicators of RUPs get adequate training and establishes a minimum age of 18 for pesticide applicators. It also requires that applicators be able to read and write; increases the frequency of applicator safety training to every year; and improves the quality of information that workers receive about the pesticides that they apply in agricultural, commercial, and residential […]
Posted in Environmental Protection Agency (EPA), Farmworkers, Litigation, Pesticide Regulation | No Comments »