Congress

November 21, 2023

EPA internal emails suggest science took back seat to political pressure in pesticide approval

By Johnathan Hettinger

The US Environmental Protection Agency (EPA) is considering a new approval for a pesticide that would be used on Florida oranges and grapefruits despite the fact that agency scientists have repeatedly found the chemical does not meet safety standards designed to protect children’s health, internal agency records show.

EPA emails suggest that persistent pressure from chemical industry lobbyists, politicians and political appointees led the agency’s Office of Pesticide Programs (OPP) to change its position on aldicarb from one that favored public health to one that critics say instead favored the interests of a North Carolina-based company called AgLogic that is seeking to expand sales of the insecticide. The EPA communications were obtained by the nonprofit Center for Biological Diversity through a Freedom of Information Act lawsuit and reviewed by The New Lede.

In one 2020 email, for example, an EPA regulatory specialist wrote to AgLogic that while the EPA was not yet able to make a safety finding, the agency has “spent time brainstorming possible solutions”. The emails also show that scientists within the agency felt they had to “defend” their concerns about aldicarb as top agency administrators and lawmakers made expanded approval of the chemical a priority.

“What this shows is just how difficult it is for the agency to say no,” said Nathan Donley, Environmental Health Science Director at the Center for Biological Diversity. “They were going to reject it so many times, and [AgLogic] just said, ‘no, no no.’”

The revelations underscore whistleblower complaints made by EPA scientists in 2021 alleging that they have been routinely pressured for years to minimize or remove scientific evidence of the dangers certain chemicals posed to public health.

A risk to babies’ brains
Aldicarb is considered “extremely hazardous” by the World Health Organization and has been banned in more than 100 countries. It also is banned by the Rotterdam Convention, a global agreement to regulate the world’s most hazardous chemicals.

In the US, the EPA found in 2010 that aldicarb posed unacceptable risks to the developing brains of infants and young children, leading German conglomerate Bayer AG to cancel its registration for sales of aldicarb. At that time, the highest risk for infants and children was found to be when aldicarb was used in citrus. Since then, the EPA has allowed AgLogic a limited approval to sell aldicarb for use on cotton, dry beans, peanuts, soybeans, sugar beets, and sweet potatoes. Those uses have been rare, according to US Geological Survey data.

In recent years AgLogic has been pushing for expanded approval to allow the insecticide to be used by farmers on Florida grapefruits and oranges. The EPA did grant the approval in 2021 in the waning days of the Trump Administration, but that approval was overturned by a federal court in response to litigation brought by opponents. Approval was additionally rejected by Florida regulators who found that the continued use of the pesticide posed “an unacceptable risk to human, animal and environmental health in Florida.”

After a renewed effort by AgLogic, EPA approval for aldicarb use on citrus is now under consideration again.

November 3, 2023

Battle brewing over proposed US law that would protect pesticides

By Carey Gillam

Cancer patients are celebrating a string of courtroom victories after juries in three US states recently ordered Germany’s Bayer to pay more than $500 million in damages for failing to warn about the health risks of its Roundup herbicides. But the consumer wins come as proposed federal legislation backed by Bayer and the powerful agricultural industry could limit similar cases from ever going to trial in the future.

Dubbed the Agricultural Labeling Uniformity Act, the proposed measure would provide sweeping protections for pesticide companies and their products, preempting local governments from implementing restrictions on pesticide use and blocking many of the legal claims that have been plaguing Bayer, according to the American Association for Justice (AAJ) and other critics.

The measure, which was introduced over the summer, has been gaining traction as a potential amendment to the pending Farm Bill. More than 360 agricultural organizations are throwing their support behind the measure, which was introduced by US Reps Dusty Johnson and Jim Costa. Lobbying disclosure records show that Bayer and the industry-funded CropLife America have made passage a top priority.

The new law is needed because pesticides are “paramount to growing our food and keeping communities safe,” according to CropLife.

In response, on Oct. 27, more than 150 US lawmakers signed a letter to the leadership of the House Committee on Agriculture expressing “strong opposition” to the preemption measures, saying they would overturn “decades of precedent” and have a “significant impact” on public safety.

Local laws that could be in jeopardy include many that restrict pesticide use near schools, parks, and playgrounds, and protect drinking water supplies and wildlife. Preemption of state and local authority would additionally “limit accountability for manufacturers who fail to adequately warn consumers about the hazards posed by certain high-risk pesticides,” the letter warns.

Sen. Cory Booker dubbed the legislation “reckless” and “irresponsible” in a press call on Thursday. “People are making this a priority in the upcoming Farm Bill, and frankly to me it is outrageous,” Booker said.

August 11, 2023

“Polluter pays” debate heats up over toxic PFAS chemical cleanup plan

By Carey Gillam
As US regulators work to tackle the toxic threat posed by a class of widely used chemicals known as PFAS, debate is heating up over who could – and should – get hit with the cleanup costs.

Over the last several weeks, federal officials have received an onslaught of conflicting calls for action regarding a proposal to designate certain types of per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the nation’s so-called “Superfund” law. The designation would provide a pathway for the remediation of dangerously contaminated sites around the United States, including assigning liability for the hazardous waste cleanup.

The Environmental Protection Agency (EPA) is specifically proposing that PFOA and PFOS and seven other types of PFAS be designated for action under the Superfund law, known formally as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The public comment period on the EPA’s proposal ended Friday, drawing fevered pleas from individuals, industries and agencies across the country.

It is the issue of potential liability for PFAS contamination under CERCLA that is sparking fierce debate, as an array of parties, including water providers, landfill operators and even farmers, say they worry they could be saddled with millions of dollars in costs to try to rid their operations of widespread PFAS contamination that they had no hand in creating. They want the EPA and members of Congress to carve out exemptions to protect them.

July 26, 2023

Postcard from California: In climate crisis, farmworkers need more protection from heat

It’s been over 20 years since a 24-year-old migrant farmworker named Constantino Cruz collapsed and died following a nine-hour shift picking tomatoes in 107-degree Fahrenheit heat near Bakersfield, California.

Cruz spent four days in the hospital before dying on July 31, 2005. He was the fourth California farmworker to die of heat related illness that month.

Cruz’s death helped spur then-Gov. Arnold Schwarzenegger to issue emergency regulations requiring that on hot days agricultural employers must make sure farmworkers get plenty of water, ready access to shade and rest breaks. The emergency measures were later codified into the first US state law mandating heat protections for farmworkers and other outdoor workers.

Arturo Rodriquez, who at that time was president of the United Farm Workers (UFW), told the Los Angeles Times: “It is tragic that so many farmworkers had to die before action was taken.”

But since California’s landmark action, only three states – Colorado, Oregon and Washington – have passed similar heat safety regulations for farmworkers, and there are no federal safety rules for farmworkers or others who must toil under the sun, meaning most US farmworkers lack legal protection from heat.

The problem is not going away. Average temperatures in the San Joaquin Valley in California are projected to rise by as much as 5 degrees by 2050. And in crop-growing counties across the nation, the number of days considered unsafe because of heat is forecast to nearly double by 2050, according to a University of Washington study.

July 24, 2023

Reporting project examines the scandal of US farm pollution

By Keith Schneider

There’s no way to describe farm-related nutrient pollution other than what it is – a national scandal.

A tiny minority of Americans, half of one percent, is grossly fouling the waters for tens of millions of others. Corn Belt crop farmers, and livestock and poultry producers – the heart of the rich and powerful $618 billion American farm sector – have virtually unlimited opportunities within state and federal law to pollute at will.

Crop producers, unregulated under the Clean Water Act, seek maximum production with no restriction on how much fertilizer they apply. Livestock and poultry producers, barely covered by the clean water law, treat farm fields as waste disposal zones for an ocean of untreated liquid manure and a mountain range of solid manure and poultry litter ripe with E.coli and other hazardous microorganisms. Polluting farm production practices, mostly overlooked by state environment departments, are defended by trade associations with lobbying offices in state capitals and allies from both parties in state legislatures and in Congress.

Since January I’ve been reporting the causes, consequences, and solutions to the farm sector’s assault on American waters with financial support from the Alicia Patterson Foundation, which also helped me secure a second grant from The Fund For Investigative Journalism. See the latest story here.

The project focuses on nitrate pollution in the Corn Belt and builds on expertise I gained reporting in 2022 for Circle of Blue on phosphorus pollution in Michigan and the Great Lakes states. Early reports from this year’s project have already been published in The New York Times, The Guardian, The New Lede, Circle of Blue, Minnpost, Investigate Midwest, Detroit Now, Michigan Radio, and my ModeShift blog.

To some extent, the tide of toxic nitrogen and phosphorus discharges from crop land and livestock operations is a well-recognized story not only in media, but also in government. Addressing it has resulted in an unsteady platform of responses over the last three decades held up by two of three legs.

The first is the considerable investment by states and the federal government in science. Billions of dollars have been spent on research and nutrient monitoring. America knows with great clarity the sources of nutrient contamination and the environmental, health, and economic damage it causes.

March 27, 2023

Letter to the EPA: Take action on “Devil’s bargain” pesticides

An Open Letter to: Michael Regan, Administrator; Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention; and Ed Messina, Office of Pesticide Programs Director, Environmental Protection Agency

The environment needs protection from neonicotinoid-coated pesticidal seeds, which are by far the greatest single insecticide application across the country, covering more than 100 million acres. Fundamental ecosystem integrity, plus the welfare of millions of birds and other animals where the coated seeds are planted, are at risk. You can be the difference makers if you seize the opportunity.

You know, as we NGO-types have recited to you in the past through broadly-supported letters and petitions, that a major body of evidence now shows neonic-coated seeds are the Devil’s bargain. While there may be some effective uses, they are mostly used prophylactically with no assessment of need. And yet they do great harm to essential pollinators, beneficial insects, and farmland birds, while contaminating the environment with their toxins.

In Ontario, Canada, when farmers were compelled to prove they needed to use neonic-coated seeds before being allowed by the provincial government, their use declined by a huge margin with no adverse economic effect.

Neonics have largely been banned in Europe since 2015. But, in the US, their excess production as a result of your agency’s leniency is a waste that resulted in the ongoing tragedy in Mead, Nebraska, where AltEn gathered about 80,000 tons of unwanted neonic-coated seeds in order to distill them for ethanol but instead ending up contaminating the environment to the tune of roughly $100 million in total damages. EPA’s uncritical approval of these seeds enabled the Mead disaster.

Of all the environmental threats in the United States, pesticides are conceptually the easiest to prevent because all the approved products out there resulted from registrations by your agency. But I am not asking you to cancel registrations, I am just asking you to take a closer look at EPA’s interpretation and regulatory issues that have allowed the harms of neonic-coated seeds to spin out of control.

November 16, 2022

Guest column: EPA has lost its way

By Tim Whitehouse

It has been more than 20 years since I worked as a senior attorney at the US Environmental Protection Agency (EPA), using my legal training to help enforce the Clean Water Act, and advise agency managers on a range of hazardous waste issues.

When I joined the regulatory agency in 1992, I felt my work would matter; that I would play a small role in protecting public and environmental health. And during the ten years I worked there, I always felt I was making a positive difference and my managers were usually able to apply the law in ways that balanced the interests of various stakeholders.

Over the years, however, it has become more apparent that this is often no longer the case, and that powerful corporate interests have taken too much control over EPA’s decision-making processes. Nowhere is this more apparent than in EPA’s chemicals and pesticides programs.

The last 30 years have brought countless examples of EPA’s appalling incompetence and willful corruption as the agency routinely capitulates to the interests of the chemical industry and ignores or minimizes human health and environmental risks.

Newly unearthed documents regarding one such chemical – the weed killer paraquat – provide just the latest example of how inept the agency has become in protecting public health.

At the organization I work for now – Public Employees for Environmental Responsibility – we are currently representing EPA scientists who have bravely put their careers on the line to speak out publicly about the wrongdoing they’ve witnessed with the agency.

Through a series of disclosures to EPA’s Inspector General and Congress these scientists have provided extensive evidence of a system that operates in a black box where threats to human health from chemicals are routinely deleted from risks assessments, where agency managers routinely bow to industry wishes, where key managers move back and forth between jobs at the EPA and the chemical industry with scant scrutiny, and where managers ignore risk indicators and intimidate staff into signing off on assessments with insufficient data to reach a conclusion.

October 28, 2022

Postcard from California: Carbon capture won’t solve climate crisis

Four miles from my house, a Silicon Valley company wants to drill an 8,000-foot-deep well to store millions of tons of carbon dioxide (CO2), the greenhouse gas identified as the main cause of the climate crisis.

The well, planned at the site of a former Army ammunition plant in Riverbank, Calif., could be one of a network of CO2 storage wells California is hoping will help the state reach its ambitious climate goals.

The idea is to trap emissions from petrochemical refineries, power plants and other industrial and agricultural sources, super-chill them into liquids that are piped through earthquake-vulnerable terrain, and pumped deep underground to to keep them from heating up the atmosphere.

This Rube Goldberg-like scheme is called carbon capture and sequestration. The captured CO2 can also be used in other industrial processes. A related scheme, direct air capture, sounds even more like science fiction, making use of giant vacuums to suck existing CO2 out of the atmosphere.

At first carbon capture may sound like a smart idea: The company seeking a permit to drill in Riverbank is named Aemetis, which it says means “one prudent wisdom.” But the type of carbon capture Gov. Gavin Newsom’s climate policy counts on to reach “net-zero” CO2 emissions by 2045, is neither wise or prudent.

August 30, 2022

Citing “irreversible harm,” lawmaker introduces bill to ban class of pesticides

By Carey Gillam

US Rep. Nydia Velazquez on Tuesday introduced a bill that would ban organophosphates in food production, citing harm to children, farmworkers and other vulnerable communities exposed to the group of chemicals.

“The science has been clear for decades: this type of pesticide is a dangerous neurological threat to farmworkers and our children,” Velázquez said in a statement. “These pesticides during early life have been shown to lead to irreversible harm to the developing brain, which can result in long-term effects like attention disorders, autism, and reduced IQ.”

The move is the latest in a series of actions aimed at reducing US pesticide use, and comes as the US Environmental Protection Agency (EPA) is evaluating continued use of organophosphates, which commonly leave residues in finished food products.

Pesticide manufacturers and agricultural industry groups oppose a ban. A coalition of more than two dozen such groups sent a letter to the EPA in late July, arguing that organophosphates act as an “essential tool” for managing insect pests.

“The continued availability of this group of pesticides is important to US growers due the safety and effectiveness of these proven pesticides,” the coalition said in the letter.

The EPA recently banned food uses of a type of organophosphate called chlorpyrifos, an insecticide popular with farmers but shown by scientific research to cause neurodevelopmental harm to children. Critics say there are more than a dozen other organophosphates that should be similarly banned.

August 12, 2022

House vote on Inflation Reduction Act sets stage for big climate gains

With the US House of Representatives positioned to approve on Friday the largest investment by the US government to combat climate change, some analysts are projecting the measures contained in the landmark Inflation Reduction Act (IRA) could reduce greenhouse gas emissions even more than the government has projected.

The measure, which passed the US Senate on Sunday, contains $369 billion earmarked for a range of energy and climate investments over the next decade.

The bill could slash emissions from the electricity sector by as much as 75% below levels seen in 2005 by 2030, according to Kevin Rennert, a fellow at Resources for the Future, based on an initial analysis. Absent the new investment, their forecast predicted that current policies would cut emissions more modestly — about 48.5%. Rennert shared these numbers during a seminar this week sponsored by Resources for the Future.

The US government has said the measures would cut greenhouse gas emissions by 40% by 2030.

The bill expands a tax credit for carbon capture, incentivizes the production of sustainable aviation fuel, provides for grant programs aimed at decarbonizing emissions-heavy sectors, and includes a methane reduction program for oil and gas facilities, among other provisions.