EWG

September 12, 2024

EPA battles environmentalists in court over regulation of CAFOs and water pollution

By Keith Schneider

A coalition of environmental organizations faced off against the Environmental Protection Agency (EPA) in federal appellate court on Thursday in the latest skirmish in a long-running battle over the agency’s regulatory approach to water contamination connected to industrial agricultural operations.

The groups, led by the nonprofit Food & Water Watch, told a three-judge panel of the 9th US Circuit Court of Appeals that the EPA must strengthen its oversight of what are known as concentrated animal feeding operations (CAFOs).

The agency is unlawfully allowing roughly half of the nation’s more than 20,000 big livestock and poultry feeding facilities around the country to operate without permits required under the 1972 Clean Water Act, the groups argued to the court. And, they said, the agency is violating the law by authorizing CAFOs to store and spread manure so haphazardly that the drinking water for millions of people is at risk as thousands of streams, lakes and other waterways are polluted with harmful bacteria, nitrates, phosphorus and other contaminants.

The agency has “failed” for more than a decade to adequately regulate these operations, Food & Water Watch lawyer Emily Miller told the court.

The hearing Thursday stems from a petition filed by Food & Water Watch and other groups in 2017 that called for the EPA to require CAFOs to obtain water quality permits and strengthen permit standards to protect waterways from the manure generated by the animal operations. The petition also urged the agency to reconsider an exemption that immunizes CAFOs from any water pollution caused by storms washing manure off of saturated fields.

The Trump administration ignored the petition. Last summer, the EPA formally denied the petition, but announced it would form a committee to recommend any changes in how the agency regulated CAFOs. Food & Water Watch, joined by four other national organizations and eight environmental groups from five states, then sued the EPA, demanding it reconsider its decision.

In the court hearing, EPA attorney Paul Cirino told the judges that the agency had initiated a detailed study of CAFO operations and pollution in January and established a study group last summer that is scheduled to issue recommendations on CAFO oversight next year. The new information, he said, would guide the agency’s actions about how to respond to the environmental groups’ concerns.

But Miller pushed back. “EPA has already spent seven years when it could have been taking its statutory mandate seriously,” she said. “Now they want some undefined amount of time thinking rather than acting.”

A court ruling on the matter could take months.

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June 6, 2024

Lawsuit alleges company illegally discharged cancer-causing TCE for decades

By Shannon Kelleher and Carey Gillam

A Mississippi auto parts company illegally dumped toxic waste for more than 50 years, poisoning workers and sparking a cluster of cancer cases, according to a lawsuit filed this week by a group of former employees.

The lawsuit, filed June 4 in the US District Court for the Northern District of Mississippi, names EnPro Industries and multiple other corporate entities as defendants in the case, alleging they participated in illegally discharging trichloroethylene (TCE) into the environment, contaminating soil, air and groundwater, and knowingly exposing workers to the cancer-causing chemical.

“This greedy company cheated to cut costs at the expense of human health and risking countless lives,” Nick Rowley, co-founder of the national public interest law firm Trial Lawyers for Justice, said in a press release. “The scope and scale of harms and losses caused by this wrongdoing is devastating.”

TCE is a clear, colorless liquid that is used as a degreasing solvent and dry cleaning agent, among other uses. It is considered a human carcinogen by the US Department of Health and Human Services (DHHS), International Agency for Research on Cancer (IARC), and the Environmental Protection Agency (EPA).

The chemical is also known to damage the heart, liver, kidneys, and many other organs in the human body. It can also break down into other chemicals known to cause cancer in humans, including vinyl chloride. As well, a recent study found “circumstantial” evidence linking TCE to the doubling of global Parkinson’s disease diagnoses over the past 30 years

TCE can be found in the drinking water of 19 million people, according to the Environmental Working Group.

The EPA has recently proposed banning all uses of TCE, but the chemical industry is fighting the move. The American Chemistry Council asserts TCE is valuable for many industrial uses.

May 30, 2024

Paraquat ban stays alive, advances in California

By Carey Gillam

A proposal to ban the weed killing chemical paraquat cleared the California State Assembly last week and now faces a fight in the State Senate over what would be the first such ban in the country.

The ban would take effect Jan. 1, 2026, outlawing the “use, manufacture, sale, delivery, holding, or offering for sale in commerce” of any pesticide product that contains paraquat. The bill provides for a process that allows state regulators to reevaluate paraquat and potentially reapprove it with or without new restrictions.

A chief concern cited by backers of the bill is research linking chronic paraquat exposure to Parkinson’s disease, an incurable and debilitating brain disease considered a top cause of death in the United States.

The final vote in the Assembly was 46-16 in favor of the bill, but opposition is expected to be stronger in the Senate, according to staffers with the office of Assemblymember Laura Friedman, who introduced the measure. California’s Senate Policy Committee is expected to take it up sometime before July 4, they said.

Friedman partnered with the Environmental Working Group (EWG) to introduce the proposed ban. An EWG analysis found that paraquat is disproportionately sprayed in areas of California largely inhabited by Latino farmworkers and their families.

The action to ban paraquat in California comes as several thousand farmers, agricultural workers and others are suing paraquat maker Syngenta, alleging they developed Parkinson’s because of long-term chronic effects of paraquat.

May 17, 2024

California paraquat ban moves forward

By Carey Gillam

California has moved a step closer to banning the controversial weed killing chemical paraquat after a key state legislative committee on Thursday allowed the measure to proceed.

Several thousand farmers, agricultural workers and others are suing paraquat maker Syngenta, alleging they developed Parkinson’s because of long-term chronic effects of paraquat.

“California is the breadbasket of the nation. Farm workers put food on our table, and we should do everything we can to make their jobs safer,” California Assemblymember Laura Friedman said. “No one should run the risk of chemical exposure on the job leading to their contracting Parkinson’s disease.”

Friedman, who partnered with the Environmental Working Group (EWG) to introduce the measure, said it passed “not only because banning paraquat is the right thing to do,” but also because there are “readily available, safer, affordable alternatives.”

The movement of the bill out of the appropriations committee this week now sets it up for a vote by the full Assembly next week. A vote has to be completed by Friday, May 24, in order for the measure to be moved to the state Senate for consideration. A majority of 80 Assembly members is needed to keep the bill alive.

April 17, 2024

EPA called to address “long-ignored health crisis” in Iowa drinking water

By Carey Gillam

US regulators must take immediate action to address a “long-ignored health crisis” stemming from dangerously contaminated drinking water in Iowa, according to a legal petition filed by environmental and health advocacy groups this week.

The Iowa Environmental Council (IEC) and 12 other organizations are calling for the Environmental Protection Agency (EPA) to take a series of steps to reduce harmful nitrate pollution found in water supplies in Northeast Iowa.

The petition highlights the fact that for many years, nitrate concentrations found in thousands of private wells and some public water sources have exceeded the federal limit of 10 milligrams per liter for drinking water.

State agencies have documented the contamination, but have “failed to do what is needed to correct the pervasive threat to human health,” the petition states.

“For decades, Northeast Iowa residents have been exposed to dangerous levels of nitrate contaminated water,” Food & Water Watch attorney Dani Replogle said in a press release. “As the state reckons with high cancer levels and ongoing pollution regulation rollbacks, federal action is needed to safeguard the right to clean water. EPA must exercise emergency authority to hold polluters accountable and deliver safe drinking water in Iowa.”

Food & Water Watch is among the groups joining IEC in its petition. Others include the Environmental Working Group, the Center for Food Safety, the Environmental Law & Policy Center, and several state organizations.

All signs indicate that “dangerous contamination levels will continue or worsen, absent EPA action,” the petition states.

Farm operations are largely to blame for the contamination, both from the runoff of fertilizer applied to fields of corn and other crops, and the runoff of liquified manure generated by large livestock operations that is also often spread on farm fields. The runoff carries nitrates and phosphorus into surface and groundwaters, and ultimately drinking water.

Iowa is one of the nation’s largest farm states for crops and livestock, and Northeast Iowa is particularly vulnerable to farm pollutants because of its “karst” terrain, which features porous limestone that allows surface pollutants to more quickly move into groundwater. All of the drinking water in the karst region of northeast Iowa depends on groundwater aquifers.

Despite these facts, only a small fraction of private wells are tested regularly for nitrates, which are known to cause health problems at high levels, especially for infants. Cancer is a specific concern with nitrate exposure. Still, more than 1,200 wells in the 12-county karst region tested above the federal threshold for safety from 2016 to 2023, the petition states.

February 28, 2024

New report questions USDA support for certain climate “smart” practices

A new analysis of US Department of Agriculture (USDA) funding for “climate-smart” conservation practices argues that several are unlikely to actually have climate benefits and one may even increase harmful emissions, though government officials say the analysis is deeply flawed and based on “incorrect assumptions.”

With nearly $20 billion from the Inflation Reduction Act (IRA) to be used between 2023 and 2026, the USDA is investing more money than ever in combating greenhouse gas emissions from agriculture, which makes up 10% of US emissions, according to the EPA.

The analysis from the Environmental Working Group (EWG), a nonprofit environmental research and advocacy organization examines elements of the USDA’s Environmental Quality Incentives Program (EQIP), which provides funding for conservation practices. Congress designated $8.45 billion for EQIP specifically. As part of that, an increasing amount of money is going towards so-called “climate-smart” practices aimed at sequestering carbon in soil or reducing greenhouse gas emissions.

EWG said that USDA is allowing farmers to claim this climate funding for implementing many practices that are unproven to help reduce emissions.

The report alleges, for example, that money can go toward a waste storage facility, used for livestock, would likely increase greenhouse gas emissions, according to the USDA’s own data.

The USDA expanded its “climate-smart” list – the specific practices that are eligible for funding – to allow 15 provisional practices, on which the USDA currently lacks data about their effect on emissions, EWG noted in its report.

USDA Press Secretary Allan Rodriguez called EWG’s analysis “fundamentally flawed, speculative, and rest on incorrect assumptions.”

“Unfortunately, EWG did not take into account the rigorous, science-based methodology used by USDA to determine eligible practices, nor the level of specificity required during the implementation process to ensure the practices’ climate-smart benefits are being maximized,” Rodriguez said in an emailed statement.

The single largest conservation practice funded over the past six years is the use of cover crops, according to EWG, with $505 million (9% of overall funding) going toward the practice. The use of cover crops is widely considered a strongly beneficial practice for soil health and sequestering carbon.

But only one of the other top 10 uses of the money is on the climate-smart list. Six of the new “provisional” practices were also in the top 10.

February 15, 2024

Another pesticide problem on your plate

By Carey Gillam

Highlighting a fresh health concern for US consumers, a new study has found that a farm chemical linked to reproductive problems is increasingly showing up in the urine of people across the United States.

The study, published in the Journal of Exposure Science & Environmental Epidemiology on Thursday, reported that the majority of a set of nearly 100 urine samples collected from people in different states over the last few years showed the presence of a pesticide called chlormequat, which is used in agriculture to control growth in plants.

Notably, the study found that both frequency of detection and concentrations of the chemical were starkly higher in 2023 than in samples collected from prior years.

“While the sample size is small and more research will be needed to verify the extent of the problem, it is very concerning to see chlormequat chloride showing up in these samples, and at increasing levels,” said Danielle Melgar, a specialist in food and agriculture advocacy work with the Public Interest Research Group.

“It means that consumers are clearly being exposed to it. If it wasn’t linked to health concerns, that might not be an issue, but independent research has established connections to fetal and reproductive health harms in animal studies,” Melgar said.

Chlormequat is used to regulate the size of plants by blocking certain hormones. Though primarily used on ornamental plants in the United States, it is allowed on imported foods from other countries, including from Canada and Europe where chlormequat is approved for use on wheat, oats and barley.

Last year, the US Environmental Protection Agency (EPA) proposed that farmers in this country also be allowed to apply it to their food crops. By regulating the growth of crops such as wheat, yields can be improved, farmers have found.

But animal studies show chlormequat exposure can disrupt embryonic growth and contribute to other health problems.

Environmental and health advocates cite those studies in strongly opposing any expansion of use. Last year, PIRG sent a petition to the EPA, arguing “a slightly bigger harvest isn’t worth the risk to our health.”

September 26, 2023

PFAS posing threat to wildlife, scientists say

Wildlife exposure to per- and poly-fluoroalkyl substances (PFAS) poses added added threats to species already struggling to adapt to habitat loss and harmful climate change, a new paper warns.

In a discussion paper published Tuesday in Science of the Total Environment, scientists wrote that there is enough evidence of the toxicity of persistent chemicals such as PFAS in humans to cause substantial concern about the same chemicals’ impacts on wildlife. Considering toxic chemicals’ health harms to wildlife is especially important, they write, as multiple pressures cause steep drops in biodiversity worldwide.

“There’s an incredible body of scientific evidence linking PFAS to health harms in humans, and this should really serve as an indicator of the potential health harms that may be occurring in wildlife globally,” said David Andrews, a co-author on the paper and a senior scientist at the Environmental Working Group (EWG), an environmental advocacy group.

PFAS are commonly used for their stain- and water-resistant properties and have been used for years as a common ingredient in firefighting foam and many household products. Almost all US residents have PFAS in their blood, and the chemicals contaminate water systems serving millions of people nationwide. PFAS are abundant in the natural environment, as well: According to one analysis by the Waterkeeper Alliance, over 80% of natural waterways are contaminated with the chemicals.

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There are thousands of types of PFAS, and scientists have found evidence that many can impair the immune system and spur developmental and reproductive problems, as well as cause thyroid and hormone disorders, liver problems, cancers, and nervous system effects.

“What we know [about health harms] in humans indicates that this is a threat to wildlife species globally,” said Andrews.

June 27, 2023

California’s “Skittles bill” could kick off broader actions against food additives

By Shannon Kelleher

After years of US debate over widely used food additives, California is poised to become the first state in the nation to ban additives found in popular candies and other processed foods.

Assembly Bill 418, which was passed by the California Assembly in May, targets red dye No. 3, titanium dioxide, brominated vegetable oil, potassium bromate, and propyl paraben – additives linked to health problems including cancer and hormone disruption. If successful, the bill would ban these ingredients, which are used in Skittles, Hot Tamales, and Sour Patch Kids, by 2025. The California Senate Committee on Health is expected to vote Wednesday on whether to move the bill forward.

Critics say the additives have not been meaningfully reviewed by the Food and Drug Administration (FDA) in decades despite scientific updates on their health risks, and that an FDA loophole has allowed thousands of chemicals to enter the US food system without proper safety reviews. They hope the California bill will help kick off broader nationwide efforts to reevaluate harmful food additives and ban those that jeopardize Americans’ health.

New York lawmakers proposed a similar bill in March, and earlier this month, Illinois Congresswoman Jan Schakowsky reintroduced the Food Chemical Reassessment Act, which targets food additive reforms at the federal level. The bill seeks to create an Office of Food Safety Assessment within the FDA that would reevaluate chemicals that slipped into Americans’ favorite snacks without proper or recent review by the agency.

“I think [the California bill] demonstrates that FDA is not doing its job,” said Brian Ronholm, Director of Food Policy at Consumer Reports, which is co-sponsoring the bill with the Environmental Working Group (EWG). “They don’t have the ability to go back and re-review some of these additives that have been approved in the past, so therefore they haven’t looked at these in many years.”

April 28, 2023

Groups seek emergency action from EPA on nitrate pollution in Minnesota

A coalition of environmental groups is petitioning federal regulators to take emergency action to protect residents of southeastern Minnesota from “imminent and substantial endangerment’ to their health from the contamination of drinking water sources by a pollutant linked to cancers and other health problems.

Nitrate contamination in the region ” is a widespread issue that has stubbornly persisted through decades as state officials continuously fail to effectively address the problem,” the petition states.

The effort echoes pleas from public and environmental health advocates around the country over the harmful impacts of nitrate contamination, which mainly originates in agricultural runoff. Nitrate contamination of drinking water has been linked to “blue baby syndrome,” or methemoglobinemia (a sometimes-fatal condition affecting infants), as well as certain cancers, and thyroid disease, even in studies where contamination was below legal limits.

High levels of nitrate in water can be a result of runoff or leakage from fertilized farm fields, landfills, animal manure, and other sources.

The petition calls on the US Environmental Protection Agency (EPA) to use its powers under the Safe Drinking Water Act to ensure safe drinking water for Minnesota residents, calling nitrate pollution a “too-long ignored health crisis.” Among other steps, the groups want the EPA to block the development of new large animal feeding operations, which are considered significant contributors to nitrate pollution because of the large amounts of animal manure generated.

“We need help,” said Jeff Broberg, director of the Minnesota Well Owners Organization whose own well water is contaminated with nitrates. “Our drinking water quality keeps getting worse.”