(Beyond Pesticides, July 25, 2024) On July 10, the Oregon Court of Appeals ruled that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) does not preempt pesticide exposure victims’ state law claims against pesticide manufacturers, based on reporting from The New Lede. This decision builds on years of judicial precedent from the Supreme Court of the United States (SCOTUS) that protects individuals’ right to use failure-to-warn claims against producers of toxic pesticides, including Bayer-Monsanto. The importance of judicial review is critical to protecting the public against public health impacts of toxic pesticide use in the context of last month’s SCOTUS decision ending Chevron Doctrine, and with it the end of deferring to federal regulatory agencies on ambiguities in statutory mandates. A growing coalition of environmental and public health advocates, organic farmers, trial attorneys, farmworkers, and physicians are united in pushing back against a concerted effort by industry and its allies to attack victims’ ability to sue under “failure-to-warn” through the Farm Bill, state legislatures, and the proposed federal budget for Fiscal Year 2025. Oregon Court of Appeals In 2022, a local trial court in Oregon ruled in favor of Monsanto on a lawsuit initiated by Jackson County residents Larry and […]

Image: EneasMx, CC-BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0/>, via Wikimedia Commons (Beyond Pesticides, July 19, 2024) Former mayor of Mexico City and climate scientist Claudia Sheinbaum, PhD was elected President of Mexico on June 2, making her the first female and Jewish citizen to hold the highest political office in the nation. She will be inaugurated on October 1, 2024. Dr. Sheinbaum’s ascension to the presidency comes at a time of increasing pressure from the United States government to acquiesce to its demands to open agricultural markets to genetically engineered (GE) crops (particularly corn) and the use of the carcinogenic weed killer glyphosate. With the formal review of the United States-Mexico-Canada Agreement (USMCA) approaching in 2026, Mexico will soon decide under Dr. Sheinbaum’s leadership whether it will be an international stalwart against the unfettered spread of GE corn amidst pressure from the U.S. Trade Representative and as industry continues to enable the cascading crises of the climate emergency, public health crisis, and biodiversity collapse. With new administrations in the United Kingdom and France, and the upcoming election in the U.S., how governments around the world, independently and collectively, choose to seriously confront or soft-pedal the existential environmental crises will determine the livability of […]

(Beyond Pesticides, July 17, 2024) National election results in the United Kingdom (UK) and France in recent weeks have shocked the world amidst concerns of a rising tide of right-wing authoritarianism on the eve of European Parliament election results—trending toward what was initially perceived as a conservative majority earlier in June. With new leadership in some of the biggest economies and policy leaders across the Atlantic, environmental and health advocates are hopeful that this will signal a new momentum to advance the mission of transitioning to a fully organic land management and food system that replaces the status quo reliant on toxic petrochemical-based pesticides and fertilizers that exacerbate the climate crisis, biodiversity collapse, and public health fragility. Citizens of the United Kingdom overwhelmingly voted for the center-left Labour Party, which won an unprecedented margin of 291 seats, winning 412 seats out of the 650 total seats up for grabs. The Conservative Party won just 121 seats, a clear rejection of their nearly fifteen-year leadership position in UK politics. UK-based advocates welcome the news given the Labour Party platform to “ban neonicotinoid pesticides imidacloprid, clothianidin, and thiamethoxam due to their impact on bees,” according to reporting by Politico. Neonicotinoids have long […]

(Beyond Pesticides, July 4, 2024) In reflecting on recent U.S. Supreme Court decisions that reduce federal government powers to restrict hazardous chemicals, including pesticides (see Clean Water Act decision and federal restrictions of toxic hazards under the reversal of Chevron decision), two remaining authorities in state and local governments and in the courts have become the next battleground to protect health and the environment. What is at stake are two major backstops to weak federal controls and chemical company disregard for safety: the critical importance of state and local governments’ exercise of authority to restrict toxic chemicals, and the ability of people to sue corporations for their failure to warn about their products’ hazards.  The attack on state and local authority in the Farm Bill The Farm Bill in the U.S. House of Representatives: Prohibits the rights of states and local governments to restrict pesticides and protect public health and the environment. The language says the Farm Bill will “prohibit any State, instrumentality or political subdivision thereof… from directly or indirectly imposing or continuing in effect any requirements for, or penalize or hold liable any entity for failing to comply with requirements with respect to, labeling or packaging that is in […]

(Beyond Pesticides, July 1, 2024) Comments on proposed new dicamba uses are due Friday, July 5 The U.S. Environmental Protection Agency (EPA) is accepting public comments until July 5 on whether it should allow the expanded use of the weed killer dicamba, which has been associated with adverse impacts related to its propensity to drift off of the target application site. The comment period addresses a BASF chemical company proposal for additional food use of a dicamba product on dicamba-tolerant cotton and dicamba-tolerant soybeans. (See Beyond Pesticides’ comments.) This application is similar to Bayer CropScience’s application for XtendiMax®, for which Beyond Pesticides submitted comments in June. The proposed label for BASF’s Engenia® allows for application preplant, at-planting, preemergence, and postemergence (in-crop) for broadleaf weeds. >> Tell EPA to ban use of dicamba and other drift-prone pesticides. The U.S. Supreme Court Reversal This proposal is under consideration on the heels of a U.S. Supreme Court decision on June 28 that reverses a 40-year old decision in Chevron v. Natural Resources Defense Council, which created a deference to federal agencies in the rulemaking process. In the dissent to this 6-3 decision of the court, the dissenters focus on the role of executive […]

(Beyond Pesticides, June 25, 2024) It has been a couple of weeks since U.S. Senator John Boozman (R-AR), ranking GOP member on the Senate Agriculture Committee, released the Republican framework vision without statutory language for a Senate Farm Bill that would renew the law’s commitment to chemical-intensive agriculture and undermines efforts to curtail pesticide use and hold chemical company polluters accountable. In his press statement, Sen. Boozman issues an approach that largely mirrors the House-side text, passed by the House Agriculture Committee earlier this month in a 33-21 vote. On the same day that Sen. Boozman announced the framework, the House Agriculture Appropriations Subcommittee approved the federal food and agriculture budget for Fiscal Year 2025 with a $355 million cut from last year’s budget, affecting specific programs that support pollinator health, ecosystem health, and public health related to pesticide use and organic agriculture. The full House Appropriations Committee will vote on this budget on July 10 before moving to the House floor. Advocates are adamant in their resolve to demand more – not less – support from Congress to address the climate emergency, insect apocalypse, and public health implications borne from reliance on toxic petrochemical pesticides and fertilizers. The Senate […]

(Beyond Pesticides, June 14, 2024) The influence of the chemical industry over public policy and regulation, especially in agriculture, is glaringly obvious and has little popular support, yet no one can seem to do anything about it. Numerous analyses have detailed the ways this influence is applied—through lobbying and political donations including dark money; industry experts named to regulatory agency scientific advisory boards; and the massive public relations machines that create and sustain public uncertainty using the tobacco industry playbook revealed by Naomi Oreskes and Erik Conway in their 2010 book Merchants of Doubt. A more insidious tendril of industry influence is explained in U.S. Right to Know’s (USRTK) report, released this month, on pesticide manufacturers’ infiltration of the Entomological Society of America (ESA). The report, “Anatomy of a science meeting: How controversial pesticide research all but vanished from a major conference,” examines the ESA’s 2023 annual meeting—its program, sponsorships, presentations, panelists, poster sessions, meet-and-greets, budget, revenue sources, and other aspects of the event. What is revealed is a systematic and comprehensive industry presence throughout the society and its meeting. A direct consequence is the near-elimination of any scientific presentations addressing the effects of neonicotinoid pesticides on insects, particularly bees. […]

(Beyond Pesticides, June 7, 2024) This week, climate scientist and former mayor of Mexico City Claudia Sheinbaum shattered a proverbial glass ceiling, emerging as the first woman president of Mexico.   The election of a woman with a background in environmental protection— who signed an accord promising Mexican farmers to uphold the ban on transgenic corn and replace glyphosate with safer alternatives this past April—did not happen in a vacuum. According to an article by CBS News, President-elect Sheinbaum shared the following wisdom in the middle of a downtown hotel as her polling lead became definitive:  “I do not make it alone. We’ve all made it, with our heroines who gave us our homeland, with our mothers, our daughters, and our granddaughters.” As the new president-elect steps into the leadership of a country grappling with the ravages of the climate crisis, we reflect on the leadership of women in advancing Beyond Pesticides’ mission to end the use of petrochemical pesticides and fertilizers.  Leading the Fight for Farmworker Justice—Dolores Huerta    Earlier this year, Acting Governor Eleni Kounalakis of California honored the lifelong efforts of 94-year-old social justice activist Dolores Huerta, joining Washington State in recognizing Huerta’s decades of leadership in the […]

(Beyond Pesticides, June 4, 2024) A study published in the most recent edition of the journal Ecotoxicology and Environmental Safety documents for the first time the presence of the herbicide glyphosate in human sperm. The study looked at 128 French men with an average age of 36 years who tested positive for glyphosate in their blood. Seventy-three out of the 128 men were found to also have glyphosate in their seminal plasma. Not only that, the amount of glyphosate in seminal plasma was nearly four times higher than what was detected in the blood.   Methods  The study involved a population of 128 infertile French men from whom seminal and blood plasma samples were collected. The study was conducted at the “Pole Santé Léonard de Vinci” medical center, located centrally near Tours, France. This region is recognized for its urban characteristics as well as being a major agricultural hub, particularly for grain and wine production. The study authors note, “This area reflects the common herbicide exposure in France” and the district ranks third highest in terms of pesticide purchases. While additional qualitative data was collected, only 47 of 128 participants fully completed a questionnaire about their profession, diet (organic or […]

(Beyond Pesticides, June 3, 2024) Environmental advocates continue to raise concerns about the Farm Bill (H.R.8467—Farm, Food, and National Security Act of 2024) that emerged from the House Agriculture Committee on May 23 with provisions they say will allow the escalation of environmental threats and then insure big agriculture commodity producers for losses attributable to those environmental disasters through an expansion of USDA’s crop insurance program. Through this taxpayer supported program, USDA covers farm revenue losses due to “natural causes such as drought, excessive moisture [e.g., floods], hail, wind, frost, insects, and disease. . .” Petrochemical pesticide and fertilizer use in chemical-intensive land management and agricultural production contributes to the climate emergency and associated weather, insect, and plant disease threats. Advocates point out that the House Agriculture Committee Farm Bill reduces environmental protections by (i) preempting local and state government authority to allow more restrictive standards at the municipal level, (ii) taking away the right to sue pesticide manufacturers and allied companies for a failure to fully disclose adverse effects of the products they produce or use, and (iii) weakening the regulatory process intended to protect endangered species and biodiversity from pesticides.   Tell Your U.S. Representative and Senators To Support […]

(Beyond Pesticides, May 31, 2024) Among the many promises that have been made by agribusiness to farmers and consumers, the glories of crops genetically engineered (GE) to resist pests stand out. GE tools—genes—were touted as “natural,” and promised to reduce the use of toxic pesticides. The first such plants incorporating DNA or RNA from other organisms hit the market in the 1990s. Today more than 70% of all GE organisms are engineered to tolerate herbicides, and the overwhelming majority of corn, soybean and cotton varieties are engineered to to be toxic to insects. See Beyond Pesticides’ backgrounder on GE here. Despite a dramatic increase in the use of herbicides and the fast development of weed and insect resistance to plant incorporated pesticides, this month the U.S. Department of Agriculture (USDA), the Food and Drug Administration (FDA) and the U.S. Environmental Protection Agency (EPA) jointly released a document entitled “The Coordinated Framework for the Regulation of Biotechnology – Plan for Regulatory Reform under the Coordinated Framework for the Regulation of Biotechnology.” It responds to a 2022 executive order by President Biden to “accelerate biotechnology innovation” and “support the safe use of biotechnology products” by using a “science- and risk-based, predictable, efficient, […]

(Beyond Pesticides, May 30, 2024) The House Agriculture Committee voted 33-21 on May 23 to move the Farm, Food, and National Security Act out of committee after a contentious markup and onslaught of amendments that undermine water health, soil health, and local democratic authority to protect people and the environment from toxic pesticide exposure. One of nearly sixty amendments introduced in the markup last week included the continuation of a decade-long attack on National Pollutant Discharge Elimination System (NPDES) permit via Clean Water Act (CWA) for pesticide discharge. What was most illuminating however was not the passage of the bill itself, but Big Agriculture’s raucous approval. Advocates see pesticide industry and its allies’ support for what it is—the reliance on petrochemical-based pesticides leading to economic instability, ecosystem collapse, and the degradation of democratic institutions. With support for entrenched dependency on petrochemical pesticides and fertilizers, the committee’s bill requires taxpayers to pay through the government’s crop insurance program for escalating losses caused by chemical-intensive farming practices, contributing to yield losses that the U.S. Department of Agriculture (USDA) says are “natural causes such as drought, excessive moisture [e.g., floods], hail, wind, frost, insects, and disease. . .” However, the frequency of these […]

(Beyond Pesticides, May 20, 2024)  (Beyond Pesticides, May 20, 2024) The Republican Farm Bill draft in the U.S. House of Representatives, released on Friday, May 17, is a broad attack on pesticide restrictions and the right to sue chemical manufacturers and allied users of pesticides when harmed. “This legislation is a complete nonstarter for the millions of people who want stronger pesticide restrictions, democratic decision making on toxic chemicals in communities, and the right to sue manufacturers and pesticide users when harmed and misled on the hazards of pesticides,” said Jay Feldman, executive director. “We vehemently oppose this Republican legislation with the understanding and experience—bridging farmers, medical practitioners, land managers, local policy makers, and families—that we can and must transition to safe practices and products that protect our health, biodiversity, and climate,” Mr. Feldman continued. The Farm Bill attack takes place on many critical fronts. The draft legislation: 1. Takes away the right to sue for failure to warn when harmed by pesticides. The language says: “prohibit. . .a court from directly or indirectly imposing or continuing in effect any requirements for, or penalize or hold liable any entity for failing to comply with requirements with respect to, labeling or […]

(Beyond Pesticides, May 14, 2024) As research continues to emerge on the value of organic farming, U.S. Congress debates its future as Farm Bill negotiations have been stalled for months. Recent studies published within the past few months show the significance of organic agriculture’s support of fungal and microbial life, which is essential to soil health. Meanwhile, last week the Democrat-led Senate and Republican-led House of Representatives presented their respective visions to amend the 2024 Farm Bill. The office of U.S. Senator Debbie Stabenow (D-MI), chair of the Senate Agriculture Committee, released an initial Senate framework for the (now 2024) Farm Bill. At the same time, U.S. Representative Glenn Thompson (R-PA), chair of the House Agriculture Committee, released an outline of the House version, then followed up with more details. While the Senate Democratic proposal includes more robust support for expanding and strengthening organic product supply chains and domestic production, the House Republican support for organic land management principles and practices demonstrates that the Farm Bill could recognize, across the political spectrum, its economic, ecological, and public health benefits in the United States. Despite this, a growing coalition of advocates is alerting the public and members of Congress that the […]

(Beyond Pesticides, April 24, 2024) On April 16, 2024, the U.S. Environmental Protection Agency (EPA) posted an “update” to the Draft Herbicide Strategy Framework (Draft Herbicide Strategy Framework to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of Conventional Agricultural Herbicides) that was released last summer, weakening aspects of the agency’s efforts to “protect” endangered species from herbicide use. The update outlines three types of modifications to the Draft Strategy, including “simplifying” its approach, increasing growers’ “flexibility” when applying mitigation measures, and reducing the mitigation measures required in certain situations. By reducing the stringency of the Strategy, advocates are again questioning EPA’s commitment to fulfilling legal requirements under the Endangered Species Act (ESA) or protecting endangered species and their habitats in the midst of an unprecedented rate of global extinction. ESA is celebrated as one of the most far-reaching conservation laws globally, credited with preventing the extinction of 99 percent of those species the government targets for protection, according to the U.S. Fish and Wildlife Service (USFWS). ESA establishes a framework to categorize species as “endangered” or “threatened,” granting them specific protections. Under ESA, EPA is required to consult with relevant agencies […]

(Beyond Pesticides, April 8, 2024) When Mexico in 2020 decided to protect its traditional varieties of corn for reasons of health, safety, environmental protection, and food sovereignty with the banning of the importation of genetically engineered (GE or GM-genetically modified) corn by 2024, the powerful biotech industry and the U.S. government began a concerted campaign to stop the country’s efforts. With the opposition spearheaded by BIO, “the world’s largest trade association representing biotechnology companies, academic institutions, state biotechnology centers and related organizations across the United States and in more than 30 other nations” (as described in its March 15 press release), including companies like Bayer/Monsanto, the U.S government is calling Mexico’s action a trade barrier. The U.S. is invoking the U.S.-Mexico-Canada Agreement (USMCA), the trade agreement that replaced the North America Free Trade Agreement (NAFTA) in 2020. This is just one of the latest examples of corporate power reigning over U.S. environmental and economic policies. Mexico has already announced a delay in the planned April 1 ban on the importation, production, distribution, and use of glyphosate. Interestingly, this is all happening despite reports that the Biden administration is seeking to “tackle corporate abuses,” which is apparently limited  to tax reform and […]

(Beyond Pesticides, March 28, 2024) Last week, Maine Central reported the first application was filed for Maine’s first-in-the nation PFAS (per- and polyfluoroalkyl substances) Fund. This $70 million federal-state Fund to Address PFAS Contamination (PFAS Fund) provides compensation for commercial farmers whose health, business, and land have been impacted by PFAS contamination. A critical component of this fund enables the state to purchase contaminated farmland at fair market, pre-contamination value, which in the state of Maine hovers at approximately $3,729 per acre when including estimated market value of land and buildings, according to newly released data in the 2022 Census of Agriculture. “Maine became the first state to ban sludge recycling and approve a 2030 ban on PFAS in nonessential products,” according to reporting by Maine Central. The state of Maine has exhibited extraordinary leadership in prioritizing public health, ecosystems, and the environment, setting an example for addressing a widespread contamination problem at the local, state, and national level. However, advocates in Maine are raising warnings after the Maine Department of Environmental Protection, according to reporting by Portland Press Herald, proposed “a compromise plan to regulate the sale of products containing forever chemicals [which] would exempt some federally regulated industries […]

(Beyond Pesticides, March 26, 2024) The authors of a case study in Canale D’Aiedda, Taranto, Italy, published in Scientific Reports, conclude that, “[T]he results of monitoring and modeling activities revealed a chronic risk associated with the presence of Cu [copper] from November to April in several river reaches and acute risk associated to the presence of glyphosate in several reaches mainly in the wet season.”  According to the authors, “The most important factor influencing the chronic risk for Cu were the combination of two factors: the high surface runoff and the Cu applications. The most important factor influencing the glyphosate peaks of concentration is the streamflow.” The authors of the study measure the flow of pesticide concentrations through the soil and water assessment tool (SWAT). The ecotoxicological data was collected at two stations in Germany that flow into Italy, within the Canale d’Aiedda basin. The streamflow was monitored between August 2017 and December 2019. Out of hundreds of pesticides and six metabolities investigated in this study, “only traces of copper and glyphosate were found.” The authors continue, “The banks and the bed of the river system are almost all covered by concrete. The hydrological regime is natural and intermittent in […]

(Beyond Pesticides, March 20, 2024) A report by CBAN unpacks the ecosystem and wildlife health impacts of genetically engineered (GE) corn in the context of Mexico’s 2023 decision to stop its importation into the country. The phase out of genetically modified (GM) corn imports into Mexico was immediately challenged by the U.S. and Canadian governments as a trade violation under the 2020 U.S.-Mexico-Canada Agreement (USMCA), which replaced the North American Free Trade Agreement (NAFTA) as the primary vehicle for North American trade policy. In August 2023, the U.S. Trade Representative set up a dispute settlement panel under USMCA to stop Mexico from going forward with its ban. There has been no public update from the Office of the U.S. Trade Representative as of this writing. The CBAN report highlights the scientific rationale underpinning Mexico’s decision to “safeguard the integrity of native corn from GM contamination and to protect human health” with this ban. In 2020, Mexico announced a four-year phase-out of the weed killer glyphosate, which along with other petrochemical herbicides is integral to GM corn production. When Mexico’s Minister of the Environment announced the phase-out, he said it is part of an effort to transform the country’s food system […]

(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 […]

(Beyond Pesticides, February 23, 2024) The latest string of billion-dollar plaintiff judgments against Bayer/Monsanto, the maker of Roundup™ with active ingredient glyphosate, does not yet signal a capitulation by Bayer or a win for public health or the environment in the United States. A jury award of $2.25 billion, the largest to-date, was handed down in Philadelphia in January. As Beyond Pesticides reported previously, Monsanto has a long history of challenging scientific findings on Roundup/glyphosate and evidence of harm to human health, the environment, and crops themselves (see resistant super weeds here and here), as it seeks to avoid liability claims by those suffering from cancer.  Bayer Looking to State Legislatures for Protection from Lawsuits  As result of its failure in quash lawsuits, Bayer has moved its case to state legislatures, where it is seeking the adoption of statutes that preempt liability claims by damaged parties.  As reported by Beyond Pesticides, a rash of state legislation has been introduced in Idaho, Iowa, Missouri, and Florida, which would block plaintiff liability claims when pesticide products, like Roundup, cause harm. The chemical industry pushes the notion that the registration of its pesticide products with the U.S. Environmental Protection Agency (EPA) is a […]

(Beyond Pesticides, February 21, 2024) In addition to its effects including cancer, and reproductive, immune or nervous system disruption, according to international findings, a review published in Toxics finds that the the widely used weed killer 2,4-dichlorophenoxyacetic acid (2,4-D) causes significant changes in liver structure and function. 2,4-D can damage liver cells, tissue, and inflammatory responses through the induction of oxidative stress. The liver, the largest solid organ in the human body, is an essential part of the digestive system responsible for blood detoxification, nutrient metabolization, and immune function regulation. However, rates of chronic liver diseases are increasing, representing the second leading cause of mortality among all digestive diseases in the U.S. In fact, researchers warn of the rise in liver disorders and metabolic syndrome among young people. Therefore, reviews like this highlight the research available to make decisions on safeguarding human health from chemical exposure to mitigate further disease outcomes and complications. 2,4-D is used on turf, lawns, and rights-of-way, as well as in forestry and aquatic systems. 2,4-D products are available as liquid, dust, and granule fields, as well as fruit and vegetable crops, including in genetically engineered crop production. The chemical is widely used in “weed and feed” lawn products. It is […]

(Beyond Pesticides, February 13, 2024) Last week, the United States District Court for the District of Arizona struck down the U.S. Environmental Protection Agency’s (EPA) 2021 approval of three dicamba-based herbicides. This is the second lawsuit since 2020 to call out EPA’s violation to both the Endangered Species Act (ESA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to authorize the use of over-the-top (OTT) dicamba-based herbicide products from Bayer and other petrochemical pesticide companies. This rejection of dicamba-based herbicides fuels advocates’ push for stronger regulatory actions by EPA for all petrochemical pesticides and their push for the more widespread adoption of organic practices that do not use these chemicals. The case was filed by Center for Food Safety (CFS), Center for Biological Diversity, National Family Farm Coalition, and Pesticide Action Network North America. Beyond Pesticides has covered the dicamba tragedy for years, including the EPA Office of the Inspector General’s critical 2021 report, EPA Deviated from its Typical Procedures in Its 2018 Dicamba Pesticide Registration Decision. The report identifies EPA’s abandonment of science and assault on agency integrity. In addition to citing adverse impact on nontarget crops and the environment, the Court zeroes in on EPA’s failure to adequately manage […]