FIFRA

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.

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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.