Center for Biological Diversity

Riverview, FL phosphogypsum stack. Photo by Sarah Gledhill.

February 22, 2024

Citing “toxic mountains,” conservation groups file notice of intent to sue EPA

By Johnathan Hettinger

US regulators are failing to address toxic “open-air dumps” that in some cases tower many hundreds of feet tall and hundreds of acres wide, according to a group of conservation and public health advocates who have filed a notice of intent to sue the government to force protective action.

The advocacy groups represent people in multiple states who live near the manmade dumps that store massive amounts of a radioactive substance called phosphogypsum, which is generated in the process of creating phosphoric acid for fertilizer. Phosphogypsum and its leachate can contain several hazardous substances, including arsenic, lead, cadmium, and chromium. These substances are considered carcinogenic and known to induce damage to multiple organs, even at lower levels of exposure, according to the National Institutes of Health.

Communities in Florida, Texas, Louisiana and other states are at risk from these dumps, according to the groups. There are four “Superfund” abandoned hazardous waste sites in Idaho, Illinois and Mississippi, where phosphate plants once operated.

The fertilizer industry creates 46 million tons of phosphogypsum each year, more than the amount of regulated hazardous waste produced in all other industries combined, according to the notice of intent to sue. In Florida, alone, there are more than one billion tons of phosphogypsum stored across 25 stacks, the groups say.

“The waste is not just toxic, it’s not just carcinogenic. It’s radioactive,” said Jaclyn Lopez, director of the Jacobs Public Interest Law Clinic for Democracy and the Environment at Stetson University, who is providing legal representation to the groups. Lopez recently authored a legal review finding that these plants are largely concentrated in low-wealth and minority communities across the United States.

“This has the potential to impact truly millions of people,” Lopez said.

February 6, 2024

For a second time, US court bans dicamba weed killers, finds EPA violated law

By Johnathan Hettinger

Dealing a blow to three of the world’s biggest agrochemical companies, a US court this week banned three weed killers widely used in American agriculture, finding that the Environmental Protection Agency (EPA) broke the law in allowing them to be on the market.

The ruling is specific to three dicamba-based weed killers manufactured by Bayer, BASF and Syngenta, which have been blamed for millions of acres of crop damage and harm to endangered species and natural areas across the Midwest and South.

This is the second time a federal court has banned these weed killers since they were introduced for the 2017 growing season. In 2020, the Ninth Circuit Court of Appeals issued its own ban, but months later the Trump administration re-approved the weed killing products, just one week before the presidential election at a press conference in the swing state of Georgia.

But a federal judge in Arizona ruled late Monday that the EPA made a crucial error in re-approving dicamba, finding the agency did not post it for public notice and comment as required by law. US District Judge David Bury wrote in a 47-page ruling that it is a “very serious” violation and that if EPA did do a full analysis, it likely would not have made the same decision.

Bury wrote that the EPA did not allow many people who are deeply impacted by the weed killer – including specialty farmers, conservation groups and more – to comment.

The lawsuit was filed by farmer and conservation groups that said EPA violated two laws in its approval: the Federal Insecticide, Fungicide, and Rodenticide Act and the Endangered Species Act.

EPA spokesman Jeffrey Landis said the agency is still reviewing the ruling but declined to comment further.

“Time and time again, the evidence has shown that dicamba cannot be used without causing massive and unprecedented harm to farms as well as endangering plants and pollinators,” said George Kimbrell, legal director of the Center for Food Safety, which litigated the case.

November 6, 2023

Proposed decision could deal another blow to California rooftop solar

By Shannon Kelleher

California regulators will vote this month on proposed key changes to programs that incentivize solar energy installations at apartment buildings, schools, and farms in a move critics fear will put the benefits of clean, renewable energy out of reach for many people.

“The proposed changes will hurt all rooftop solar, and the state’s decarbonization goals,” said Self Help Enterprises, a low-income housing program in Visalia, California, in an email to The New Lede. “However, low-income populations will be hit especially hard since a higher percentage of their income goes to rent and utilities.”

Hundreds of groups that advocate for clean energy and environmental justice, farms, and schools have signed letters protesting the proposals along with 135 local officials.

The vote is currently set for Nov. 16 after being postponed multiple times in the face of strong opposition. The vote comes about seven months after California’s net metering (NEM) 3.0 policy went into effect, which drastically decreased the value of the solar energy credits that homeowners receive when they share excess energy they produce with the grid.

The latest proposed net metering changes are related to the state’s Virtual Net Energy Metering (VNEM) and Net Energy Metering Aggregation (NEMA) programs, which benefits renters, schools districts, and farmers by allowing customers with properties that have multiple electric meters to install a single solar energy system. The programs enable customers with solar systems to receive credits for sharing the excess energy they produce with the grid.

The California Public Utility Commission (CPUC)’s proposed changes would require properties to sell the electricity they generate to the utility company before buying it back at full retail price.

November 1, 2023

“Time is up” – EPA facing threat of citizens’ lawsuit seeking cap on climate pollution

By Dana Drugmand

US regulators are breaking the law by failing to set a national cap on climate pollution, endangering human health and the environment, according to a consortium threatening to file a citizens’ lawsuit against the government to force “stronger, faster actions to address the climate emergency.”

The states of Oregon and Minnesota, along with the San Carlos Apache Tribe and climate advocacy organizations 350.org and the Center for Biological Diversity, said this week that they plan to sue the US Environmental Protection Agency (EPA) demanding the agency respond to a 2009 petition for regulation of greenhouse gases under the Clean Air Act.

In a letter addressed to EPA Administrator Michael Regan, the consortium pointed out that the EPA has long known that climate changes are occurring that are harming human health and that the “effects will only worsen over time” without regulatory action.

“In the nearly fourteen years since the petition has been pending before EPA, the climate crisis has become far more dire, devastating lives, livelihoods, and ecosystems,” the letter states.

The letter references a new “state of the climate report” from scientists that warns: “Life on planet Earth is under siege. We are now in an uncharted territory” and that “time is up.” And the letter quotes the UN Secretary General warning of an approaching “climate time-bomb.”

The EPA has 180 days to respond to the letter, called a notice of intent to sue, after which time a lawsuit would be filed in federal district court in the District of Columbia.

October 6, 2023

Puerto Rico’s natural gas buildout may harm those it claims to help

By Shannon Kelleher

Since 1999, Lissie Aviles, a Catholic nun, has lived in a convent in Cataño, Puerto Rico, a tiny town that borders the Bay of San Juan. The area is home to the world’s largest rum distillery, a Bacardi factory dubbed the “Cathedral of Rum.” Just across the bay, millions of tourists – many from the US mainland – flock to visit Old San Juan’s beaches and historical sites each year.

Cataño is known both as the smallest municipality on the island and as “the town that refused to die,” after it succeeded in fending off an early twentieth-century effort to merge the city with the inland community of Bayamón. The challenges for Cataño residents have persisted — after Hurricane Maria devastated the island in 2017, about 60% of Cataño residents were left homeless. Today, about 46% of the population lives below the poverty line in a US territory lacking full political representation and weighed down by a long legacy of colonization.

Aviles spends much of her time training faith educators in nearby parishes. But in recent years, her work has taken on an additional focus – defending local residents against harmful impacts tied to the island’s intensifying focus on expanding access to liquified natural gas (LNG).

The federal government has earmarked billions of dollars to help stabilize the island’s hurricane-rattled power system, including funding temporary generators powered by natural gas. Additionally, the US Army Corps of Engineers (USACE) has approved a project to dredge the San Juan Bay beginning in January, allowing the nearby LNG terminal to receive ships carrying six times more LNG than current tankers. And one particularly contentious project is expanding with a new LNG pipeline.

While natural gas is considered the cleanest of fossil fuels because it produces less carbon dioxide than oil or coal, climate scientists say rising use of natural gas is emerging as one of the greatest contributors to human-caused climate change.

Though the stated aim of the LNG buildout is to ensure adequate resources to power the island, LNG imports are bringing methane leaks and diesel exhaust generated by the ships and trucks that transport the fuel, and posing risks associated with potentially explosive infrastructure, say Aviles and other critics. These dangers add to the cumulative risks of existing fossil fuel pipelines, tankers, and other infrastructure that already coexist uneasily with nearby neighborhoods. As they work to heal the wounds wrought by the 2017 hurricane and by Hurricane Fiona in 2022, many Catano residents fear the unintended consequences of an LNG boom.

August 23, 2023

EPA risking endangered species by allowing increased cadmium pollution, judge rules

By Shannon Kelleher

The Environmental Protection Agency (EPA) is failing to protect endangered species such as sea turtles and sturgeon by allowing sharp increases in levels of toxic cadmium in US waters, a federal judge has ruled.

The court decision, handed down Aug. 18 in the US District Court for the District of Arizona, sided with the environmental group the Center for Biological Diversity, which argued in a 2022 lawsuit that the EPA violated the Endangered Species Act (ESA) when it failed to determine whether allowing a 188% increase in chronic freshwater exposure to the heavy metal would harm already endangered aquatic animals and organisms.

Acute cadmium exposure has been found to cause increased mortality in certain organisms, while chronic exposure has been shown to impact growth, reproduction, immune and endocrine systems, development, and behavior of wildlife.

Federal law requires the EPA to consult with expert wildlife agencies, such as the National Marine Fisheries Service and the Fish and Wildlife Services, when taking actions that can put endangered species at risk. The lawsuit alleged the agency failed to do the necessary consultations in the cadmium case.

“The EPA can no longer refuse to consult with wildlife agencies when it develops nationwide water-quality criteria. It has to follow the Endangered Species Act,” said Hannah Connor, environmental health deputy director and senior attorney for the Center for Biological Diversity. “That’s a game-changer for the health of the country’s rivers and streams and the freshwater plants and animals that depend on them.”

The EPA will likely appeal the decision, Connor said. But if the agency accepts the ruling, it will begin an additional rulemaking process to update its cadmium criteria while consulting with other agencies to make its criteria more protective of endangered species, she said.

February 22, 2023

Citing birds and bees, groups petition EPA to close pesticide loophole

By Carey Gillam

The US should overhaul regulation of a class of insecticides tied to excessive honeybee and bird deaths, according to a citizen petition filed Wednesday with the Environmental Protection Agency (EPA) by a coalition of more than 60 nonprofit groups.

Specifically, the groups are demanding the EPA revoke a nearly 40-year-old waiver that allows pesticide companies to bring their products to market without first providing data that proves the product benefits. The groups say the waiver dates back to a 1984 EPA declaration that stated: “rather than require efficacy data the Agency presumes that benefits exceed risks”.

The petition, which was submitted by Public Employees for Environmental Responsibility (PEER) and the American Bird Conservancy, is aimed at turning back the use of insecticides known as neonicotinoids, or neonics, which many studies have shown to be exceptionally harmful to hundreds of species.

Environmental advocates say numerous studies show neonics are not necessary and are so detrimental to the environment that they should be banned.

“This stuff is causing all sorts of environmental problems and the environmental tragedy is multiplied because in many cases these insecticides provide farmers no benefit but at the same time they’re doing all this damage,” said Peter Jenkins, a lawyer with PEER.

The European Union has banned the outdoor use of certain types of neonics, and the United Nations has said neonics are so hazardous that they should be “severely” restricted. But in the US, the pesticides remain widely used, typically as coatings on corn and soybean seeds planted by farmers to protect crops from insects and disease. Neonicotinoids are used across on an estimated 150m acres of US farmland annually.

When used as seed coatings, neonics are absorbed through the roots of plants as they grow. Residues of the chemicals can persist for years in the environment and are blamed, along with other pesticides, for a so-called “insect apocalypse.”

January 20, 2023

US politics complicates bid to protect nature

By Shannon Kelleher

It’s been a month since the United Nations Biodiversity Conference (COP15) ended with a historic international agreement aimed at expanding efforts to protect and preserve land, water and ecosystems around the globe.

Now the more than 190 countries that approved the ambitious plan to protect 30% of the planet’s land and oceans by 2030 – among other goals- are faced with how to turn their promises into political realities.

In the United States, efforts to counteract the extinction crisis must contend with a unique set of challenges. Not only did the US sit on the sidelines at COP15, declining to join in the agreement, but newly strengthened Republican forces in Congress signal that progress on protecting nature won’t come easy.

Last year, Republican congressmembers introduced the “30 x 30 Termination Act,” which would overturn a Biden Administration’s conservation plan very similar to a target in the Global Biodiversity Framework adopted at COP15. Republicans call the plan a “land grab.” While the act has so far failed to pass, Representative Lauren Boebert of Colorado plans to reintroduce it now that Republicans control the US House of Representatives.

The situation at the federal level has environmental advocates worried.

“We’re not playing at the international level and we’re not taking [the extinction crisis] seriously on our own soil,” said Tierra Curry, a senior scientist at the Center for Biological Diversity.

But even as politics threaten to hold conservation progress captive at the national scale, states, tribes, and local communities across the US are ramping up their own conservation efforts to confront the nation’s extinction crisis.

October 27, 2022

Amid calls for ban on weed killer linked to Parkinson’s, a battle over science

By Carey Gillam

When US regulators issued a 2019 assessment of the widely used farm chemical paraquat, they determined that even though multiple scientific studies linked the chemical to Parkinson’s disease, that work was outweighed by other studies that did not find such links. Overall, the weight of scientific evidence was “insufficient” to prove paraquat causes the brain disease, officials with the US Environmental Protection Agency (EPA) declared.

The EPA reiterated its assessment in a 2021 report. The agency said after extensive analysis of numerous factors, including concerns about Parkinson’s risk, it determined farmers could safely continue to apply the weed killer across millions of US acres to help in the production of soybeans, corn, cotton and an array of other crops.

The determination has been significant for Syngenta, the longtime maker of paraquat weed killers. The company is facing calls in the US for a paraquat ban, as well as more than 2,000 legal claims brought by farmers and others alleging they developed Parkinson’s disease because of their exposure to paraquat.

Syngenta cites the EPA assessment of the science on paraquat in defense of the pesticide, and says scientific research “does not support” a causal relationship between the chemical and the disease. On a Syngenta-run paraquat information website, the company highlights several studies it says also backs that position, including many conducted by company scientists or by outside scientists who received company funding for their work.

Last week the Guardian and The New Lede reported that internal corporate records show Syngenta had knowledge of science linking paraquat to Parkinson’s decades ago but sought both to refute the evidence with various secret tactics. The documents are available at the Paraquat Papers Media Library.

US farmworker, health and environmental advocacy groups say in contrast to the corporate science, research conducted by independent scientists provides abundant evidence of paraquat’s ability to cause Parkinson’s and other health dangers, and the EPA is improperly discounting that body of research.

More than 50 groups have called for the US to follow the lead of dozens of other countries in banning paraquat. The Michael J. Fox Foundation for Parkinson’s Research submitted a petition to the EPA with 107,000 signatories calling for a ban. The foundation cited a study that found people exposed to paraquat in their teens or as young adults had an increased Parkinson’s risk of 200 to 600 percent, depending on the overall exposure.

September 30, 2022

New study sees link between pesticide and arthritis

By Grace van Deelen

Exposure to a commonly used pesticide could put people at higher risk of developing rheumatoid arthritis, according to a new study.

The findings, published last week in the journal Environmental Science and Pollution Research, looked at potential links between the disease and a class of chemicals known as pyrethroids, which are found in many commercial products used to control insects, including household bug killers, pet sprays and shampoos.

Using data collected as part of a long-term study of US residents called the National Health and Nutrition Examination Survey, the research team said they looked at levels of pyrethroids found in urine samples of the more than 4,000 study participants and analyzed how the exposure correlated with incidences of the disease.

The research team, which was led by scientists from Anhui Medical University in Hefei, China, concluded that levels of pyrethroid indicators in the urine of those who had self-reported a rheumatoid arthritis diagnosis were “significantly higher” than those who had not reported the diagnosis.