FIFRA

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.

December 13, 2023

Citing new science, groups petition EPA to suspend glyphosate weed killer

By Carey Gillam

Citing new scientific research, a coalition of farmworker, public health and environmental advocates on Wednesday filed a legal petition with US regulators demanding they immediately suspend authorization for the controversial weed killing chemical called glyphosate.

The petition, filed with the US Environmental Protection Agency (EPA), alleges that the chemical does not meet the required safety standard set by federal law and the EPA has “no valid assessment demonstrating otherwise.”

If the EPA fails to address the petition, the groups said they will take the agency back to court, where the groups last year successfully garnered a judicial finding that the EPA’s most recent assessment of glyphosate was deeply flawed.

The legal petition comes less than 10 days after the publication of a new scientific study that lends fuel to critics who say glyphosate herbicide products can cause cancer.

In a paper published Dec. 6, National Institutes of Health cancer scientists said they found markers of genotoxicity in male farmers with high uses of glyphosate. The authors said their work suggested glyphosate ‘could confer genotoxic” effects, and amount to “novel evidence regarding the carcinogenic potential of glyphosate.” The study was published in the journal Environmental Health Perspectives.

The journal also published an accompanying opinion article from environmental and occupational health researchers who called the new study “important new evidence” that should be considered in evaluating glyphosate safety. The study was the largest of its kind and provides “mechanistic support for genotoxicity of glyphosate,” the researchers wrote.

“There is really compelling new science out there,” said Bill Freese, science director with the Center for Food Safety, the group leading the legal petition. “It’s becoming increasingly untenable for the agency to deny the cancer hazard.”

In addition to multiple studies cited as evidence of a cancer connection, “numerous studies” show glyphosate has harmful impacts on the liver, kidney and reproductive system, according to the petition.

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.

June 7, 2023

Advocacy groups sue EPA after agency re-approved two highly toxic weed killers

By Shannon Kelleher

Environmental and workers’ rights groups this week filed a lawsuit alleging a federal agency failed to properly consider risks to public health and the environment when it re-approved two highly toxic herbicides.

Enlist One and Enlist Duo, which are sprayed on crops across the US, contain chemicals that jeopardize the health of rural communities and farmworkers and threaten hundreds of endangered species, native plants, and local waterways, the groups warn. They also say the products can increase damage to nearby crops and exacerbate the problem of herbicide-resistant weeds. In January 2022, the Environmental Protection Agency (EPA) re-approved the weed killers’ product registrations for seven more years.

“Farmworkers and rural communities are experiencing significant health effects from Enlist herbicides,” said Mily Trevino-Sauceda, Executive Director of Alianza Nacional de Campesinas, which advocates for farmworkers’ rights, in a press release. “EPA’s registration decision shows an utter disregard for public health.”

In their complaint, the Center for Food Safety, Pesticide Action Network North America, and Alianza Nacional de Campesinas allege that the agency violated both the the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA) when it re-approved the herbicides, understating the chemicals’ dangers and neglecting to consult the US Fish and Wildlife Service before moving forward.

“We’re asking the court to order EPA to properly consider the risks before approving these two harmful herbicides and to consult with the expert wildlife agencies,” said Kristina Sinclair, an attorney with the Center for Food Safety.

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.

February 6, 2023

Bill to strengthen pesticide protections offers farm bill “wish list”

By Shannon Kelleher

Advocates are cheering US Senator Cory Booker’s recent move to reintroduce a bill that would strengthen legal protections against dangerous pesticides used in agriculture. However, the bill may face a steep uphill journey towards being signed into law.

The measure, titled “Protect America’s Children from Toxic Pesticides Act of 2023” (PACTPA) would ban several widely used pesticides that have been linked through scientific research to a number of human and environmental health problems.

“We’d like to see the Senate and House agriculture committees look at this as a wish list,” said Christina Stucker-Gassi, a program manager at the Northwest Center for Alternatives to Pesticides. “They have the budget, they have the authority to look at that wish list and advance on some of [these issues] within the [2023] Farm Bill process,” she said, referring to a package of legislation passed every five years that could be one channel for moving PACPTA priorities forward.

PACPTA would especially benefit children, farmworkers, and rural communities, who suffer disproportionately from exposure to these toxic chemicals, according to Stucker-Gassi. The bill would help enable local communities to enact their own protective legislation against harmful pesticides and would put in place strict rules requiring employers of farmworkers to report pesticide-related injuries.

“It’s high time that farmworkers are included within the farm bill in substantial ways,” said Stucker-Gassi.

Booker initially introduced the bill in 2021 but it failed to gain traction amid strong resistance from powerful farm lobbying groups and the agrochemical industry, which reaps billions of dollars in revenues from pesticide sales.

farmer-spraying-pesticide-royalty-free-image-1629408657

May 26, 2022

EPA backing of pesticide poses human health risks, groups allege

The Environmental Protection Agency (EPA) is risking the health of farmworkers and other Americans by allowing continued widespread use of a highly toxic pesticide called paraquat that has been linked to Parkinson’s disease and other health problems, a coalition of advocacy groups alleged in court filings this week.

The group of eight organizations is challenging a 2021 EPA decision that the group’s allege violates federal law. They say the EPA failed to adequately account for the “magnitude” of the risks posed by paraquat use, and improperly determined that the benefits of paraquat for crop production outweigh the dangers to farmworkers and others.