Winter 2017–2018 Pesticides and Yo U

Beyond Pesticides: Protecting Health and the Environment with Science, Policy, and Action

Volume 37, Number 4 • Winter 2017–2018 Pesticides and Yo u

Widely Used Pesticide in Food Production Damages Children’s Brains EPA science on chlorpyrifos ignored as agency reverses decision to stop insecticide’s agricultural use

Features Antibacterial Triclosan Banned by FDA for Medical Use Assault on Science Where Has All the EPA Enforcement Gone? www.BeyondPesticides.org Review:winter A Precautionary 2017–2018 • Pesticides Tale and You i letter from washington

Politicizing Science Raises Health and Ecosystem Threats

rom a public health and environmental protection per- The Need for Local Government Action spective, these are challenging times. Amid the attack Why is city council action needed, especially now? Residents Fon institutions and laws established to protect children, of Portland are not being protected by the U.S. Environmental families, and the environment under the Trump administration, Protection Agency (EPA). The head of EPA is dismantling the there is an incredibly positive groundswell of activity seeking agency, has begun to roll back already-weak regulations to achieve these protections in communities across the U.S. that restrict pesticides and place former chemical industry As we plan for our upcoming Forum, Organic Neighborhoods: employees or consultants in high-level regulatory positions. For healthy children, families, and ecology, April 13–14, 2018 This has a direct effect on Portland, the health of residents in Irvine, California, we are inspired by the level of effective and the environment, including managed and native bees. advocacy and changes in practices that are moving forward nationwide. Given the growing failures of our federal govern- As the concerns about pesticide exposure escalate in the sci- ment, as discussed in this issue of PAY, the urgency of local entific and medical community, land managers in Maine and action is upon us. across the country are rethinking the management of turf on a range of sites, including parks, school grounds, playing Portland, Maine Goes Organic fields, golf courses, public spaces, and yards. The approach of The City of Portland, Maine is the latest shining example of putting down a bag of petroleum-based synthetic weed killers the critically important local democratic process exercising its and fertilizers is increasingly understood to create a chemical authority to ensure a healthy community. The city in January dependency in lawn and garden management that is not only adopted one of the strongest organic ordinances in the country. harmful, but costly and unnecessary to achieving desired results.

Below is what Heather Spalding, deputy director of the Maine The local ordinance is just as much about preventing hazards Organic Farmers and Gardeners Association, and I told the and filling an increasing gap in protection from regulators, as people of Portland before the city council voted on its ordi- it is about recognizing the viability of sound land management nance in January. practices that do not rely on toxic chemicals, and result in healthier turf that stands up to stress and is less reliant on water. Published in the Portland Press Herald Toxic pesticides, which are of serious concern because of their The outdated chemical-intensive practices are tied to the adverse effects on people and the environment, are widely belief that parks, playing fields, and home lawns require toxic used in public parks and playing fields and on yards across chemicals and synthetic fertilizers to be managed to community the city. This shouldn’t and doesn’t need to be the case for two expectations. So, an approach that recognizes the importance reasons: First, we can have beautiful parks, playing fields, and of soil biology in cycling nutrients naturally to feed plants is lawns that meet community expectations without toxic pesticide often new to many land managers who have not evaluated use; and second, the scientific literature is filled with studies and nurtured the soil food web of microorganisms. This atten- that link pesticide exposure to a range of serious health con- tion to the soil systems has been foundational to the success cerns—cancer, neurological and immune system damage, of organic agriculture nationwide. respiratory illness and asthma, Parkinson’s, Alzheimer’s and diabetes. Most troubling, since the vast majority of the areas If critics of this proposal tell the community that organic treated with pesticides are used by children, is the link between doesn’t work, they are, in effect, challenging the underlying pesticides and learning disabilities and attention deficit principles of soil management that have enabled the expo- hyperactivity disorder. Pets, too, are adversely affected. nential growth of the organic agricultural sector, now a $50 billion industry and the fastest-growing part of the agri- And hazardous exposure isn’t limited to contact with land: cultural economy. It occurs through air and water, too, as a pesticide application moves off the treated site and spreads in air currents and Beyond Pesticides Provides Tools for Action runoff into neighboring properties and waterways. This issue of PAY is a tool for local action, adding to the work that Beyond Pesticides does to Perhaps the most widely used weed killer, glyphosate assist elected officials, staff, and advocates (Roundup), is associated with a wide range of illnesses, in towns, cities, and counties throughout including non-Hodgkin lymphoma, genetic damage, liver the country. If there ever was a time to and kidney damage, and endocrine disruption, as well as take action, now is the time. environmental damage. Jay Feldman, executive director of Beyond Pesticides

ii Pesticides and You • winter 2017–2018 www.BeyondPesticides.org contents

Pesticides and You © 2018 (ISSN 0896-7253) Politicizing Science Raises Health and Ecosystem Threats is published four times a year by Beyond Pesticides. Beyond Pesticides, founded in 1981, is a voice for health and the environment, promoting protection from pesticides and safe alternatives; donations are tax-deductible.

National Headquarters 701 E Street, SE Washington DC 20003 ph: 202-543-5450 fx: 202-543-4791 email: [email protected] website: www.beyondpesticides.org

Articles in this journal may be reproduced Handing the pen to without Beyond Pesticides’ permission unless otherwise noted. Please credit Beyond Pesticides Dow Chemical CEO. for reproduced material. page 20 BEYOND PESTICIDES STAFF Jay Feldman, Executive Director © AP Photo/Pablo Martinez Monsivais Nichelle Harriott, Science and Regulatory Director Drew Toher, Community Resource and Policy Director Features Max Etheart, Community Network and Office Support 9 Antibacterial Triclosan Banned by FDA for Medical Use Garret White, Information Assistant Remains in toothpaste and consumer products, despite lack of efficacy and Events Coordinator and contributing to crisis in bacterial resistance to antibiotics Debra Simes, Editorial and Digital Support Gina Navarro, IPM and Health Care Facilities Project Director 12 Assault on Science Autumn Ness, Hawaii Organic Land Management What is getting in the way of using science to protect health and the environment? Project, Organizing Consultant Duane Sparkman, Hawaii Organic Land 16 Widely Used Pesticide in Food Production Damages Management Project, Technical Consultant Children’s Brains Terry Shistar, PhD, Science Consultant

EPA science on chlorpyrifos ignored as EPA reverses decision to stop insecticide’s PESTICIDES AND YOU agricultural use Jay Feldman, Publisher, Editor David Gerratt, NonprofitDesign.com, Design 20 Where Has All the EPA Enforcement Gone? Terry Shistar, Jay Feldman, Debra Simes, Lax and no enforcement actions pervasive Nichelle Harriott, Drew Toher, Garret White Contributors

Departments BOARD OF DIRECTORS Routt Reigart, MD, president, Medical University of South Carolina, Charleston, SC 2 Mail Terry Shistar, PhD, secretary, Lawrence, KS Gotta Go with Goats!; Go After Glyphosate, But Don’t Stop There!; From the Web Caroline Cox, treasurer, Center for Environmental Health, Oakland, CA Chip Osborne, at-large, Osborne Organics, 4 Washington, DC Marblehead, MA Rella Abernathy, PhD, City of Boulder IPM Coated Seeds Endanger Birds and Aquatic Organisms; EPA Ignores Cancer Science Program, Boulder, CO on Glyphosate; EPA To Weaken Farmworker Protection; EPA Nominee Withdraws; Colehour Bondera, Kanalani Ohana Farm, Congress Begins Farm Bill and Organic Negotiations Honaunau, HI Nelson Carrasquillo, The Farmworker Support Committee (CATA), Glassboro, NJ 6 Around the Country Paula Dinerstein, Public Employees for Environmental Responsibility, Washington, DC Landmark Court Cases in California; Localities Act To Stop Pesticide Use; CA School Jay Feldman, Beyond Pesticides, Washington, DC Drift Regulations Take Effect; Monsanto Pays Farmers to Use Deadly Dicamba; Melinda Hemmelgarn, RD, Food Sleuth, LLC, Bumblebees at Risk; Birds Threatened Columbia, MO Warren Porter, PhD, University of Wisconsin, Madison, WI 24 Resources Affiliations shown for informational purposes only. A Precautionary Tale: How one small town banned pesticides, preserved its food heritage, and inspired a movement Cover photo: Children of farmer families playing next to farmland. © Association of Farmworkers Opportunity Programs

www.BeyondPesticides.org winter 2017–2018Printed • on Pesticides 100% post consumer and waste You with soy1 inks. mail

Gotta Go with Goats! Beyond Pesticides, In my town, a lot of wooded areas are completely choked with noxious weeds, bush honeysuckle, and other invasive plants. I’ve been told by local officials that control of invasives requires a lot of pesticide use. Even the most ecologically- focused agencies and companies who do this work seem to rely heavily on herbicides. I haven’t run across many examples of this work being done successfully without herbicides. Do you know of any alternatives? Any information or insight you can provide on this would be great. Carrie, Springfield, IA

Hi Carrie, You’re right that a large proportion of weeds and invasive species are currently managed with the use of toxic herbicides. Rather than restoring landscapes, these chemicals pollute them, damaging soil life and contaminating local waterways as they move off the treated sites. However, the presence of © Thinkstock/WatcherFox unwanted vegetation is often the symptom of broader prob- fewer concerns over impacts on human and ecosystem health. lems with soil health. In order to restore the land, it is critical Both are simple solutions easily implemented, with some plan- to focus on supporting the biological life of the soil. Herbicide ning, even by small municipalities and communities.” Please use treats the symptoms, but there are other options. Managed share this research and other communities’ success stories goat grazing will not only remove the unwanted vegetation, with your local officials, and let us know how they respond. but will address the factors that contribute to opportunistic invasives coming in, and support replanting the area with desirable plants or ground cover. Additionally, the goats help Go After Glyphosate, But Don’t to restore the soil by aerating it with hoof action, and adding Stop There! nutrients and beneficial fungi and bacteria through their Beyond Pesticides, urine and waste. While herbicides eliminate problem vegetation until it reappears the next season or becomes resistant I’m trying to enact change in my community by getting rid to the chemicals, they fail to remediate the soil, thereby of Roundup and other glyphosate-based herbicides.I simply perpetuating conditions that lead to weed infestations. can’t accept that this carcinogen is used in local parks where my and others’ kids play. Do you have a sample policy Goat grazing to manage invasive species through land banning glyphosate that I can show city officials, and restoration is becoming increasingly popular throughout the organize around? U.S. Goats have been used at the Washington D.C. Congres- Shane, Middlebury, VT sional Cemetery, at Chicago O’Hare International Airport, at Google’s headquarters, by Pacific Gas and Electric, and in Anaheim, California to manage land and reduce brush that fuels wildfires. Beyond Pesticides has successfully worked share with us! with the Washoe Tribe of Nevada and California to transition its invasive weed management program from a herbicide- Beyond Pesticides welcomes your questions, comments dependent control approach to managed goat grazing. or concerns. Have something you’d like to share or ask us? We’d like to know! If we think something might be Published in the journal Environmental Practice, a 2009 study particularly useful for others, we will print your comments compares vinegar-based alternative herbicides and goat in this section. Mail will be edited for length and clarity, grazing to conventional synthetic herbicide controls, confirms and we will not publish your contact information. There what land managers are seeing, and supports the burgeon- are many ways you can contact us: Send us an email at ing managed goat grazing movement. The study explains, [email protected], give us a call at 202-543- “Cost estimates suggest that over a five year period, both 5450, or simply send questions and comments to: methods [vinegar-based herbicides and goat grazing] are as 701 E Street SE, Washington, DC 20003. cost effective as single application herbicides, while posing

2 Pesticides and You • winter 2017–2018 www.BeyondPesticides.org edited by Drew Toher

Hi Shane, This is a big change for many parks departments that will typically only support a glyphosate ban if another toxic chemi- The scientific literature on glyphosate finds not only cancer cal replacement is allowed. Advocacy, community education, risks, but also adverse effects to the endocrine system, fetal and training of landscape staff is needed to explain the urgent development, and kidney and liver function. Roundup and need to protect children and the environment and support other glyphosate-based herbicides should not be applied successful implementation of this comprehensive approach. in parks and public spaces used by children and pregnant Beyond Pesticides has the tools and success stories that advo- mothers; however, neither should a broad range of other cates need to work effectively with local elected officials and toxic synthetic pesticides linked to similar health outcomes. land managers. Start with our Tools for Change webpage Beyond Pesticides urges concerned residents to challenge the [bp-dc.org/tools], and contact Beyond Pesticides for additional use of chemical-intensive land management, and glyphosate, materials and assistance at [email protected], or of which it is a central component. While exposure to glypho- by calling our office at 202-543-5450. sate represents a serious threat to health and the environment, this chemical’s use exemplifies the need to reform local pesticide policy and management practices for parks, playing fields, school grounds, sidewalks, and rights-of-way. As grassroots From the Web action effectively engages local elected officials to restrict pesticides, we strongly suggest advocating for ordinance and Beyond Pesticides’ Daily News Blog features a post each policy language that restricts the full range of hazardous pes- weekday on the health and environmental hazards of pesti- ticides registered by the U.S. Environmental Protection Agency cides, pesticide regulation and policy, pesticide alternatives (EPA). This approach will avoid the future use of deleterious and cutting-edge science, www.beyondpesticides.org/ substitutions, which occurs when, for instance, glyphosate dailynewsblog. Want to get in on the conversation? “Like” is simply replaced with the use of 2,4-D, dicamba, triclopyr, us on Facebook, www.facebook.com/beyondpesticides, or another synthetic herbicide. To that end, Beyond Pesticides’ or send us a “tweet” on Twitter, @bpncamp! model policy creates an “allowed” list of pesticide products that either meet organic certification standards, or are ...... classified as “minimum risk” by EPA and not subject to Excerpt from Beyond Pesticides Action of the Week formal pesticide registration. (12/04/2017): Don’t Allow Dow to Poison Farms and Com- munities: Tell the Arkansas Pesticide Board Not to Allow 2,4-D In order to ensure a healthy community, local pesticide reform To Be Used on Tolerant Cotton. You told the Arkansas Plant policies can require a comprehensive approach to organic Board to exercise its authority to protect farmers, consumers, land management and in the process eliminate toxic pesticides and the environment from use of the herbicide dicamba on like glyphosate and other equally hazardous compounds. genetically engineered (GE) soybeans, and the board listened. Transitioning from conventional, chemical-dependent land Now, we need to ask the board to stop the use of 2,4-D care to the natural and organic approach necessitates a change on GE cotton. The action of states is critical as the federal in focus from products to practices. And these practices put government ignores basic safety concerns. Action in an emphasis on pest prevention. Cultural practices, such Arkansas will influence other states. as mowing high, proper watering, aeration, overseeding, and dethatching should be prioritized. Based on soil tests to measure biological life, if necessary, introduce the judicious Suzanne H. comments via Facebook: This is crucial use of organic products, such as compost, compost tea, to our friends and families in Arkansas! The effects of these horticultural molasses, and humates that nurture soil biology harsh pesticides are devastating. A year ago, I experienced to naturally cycle nutrients, and retain water and require less pesticide poisoning via helicopter spraying of pesticides on the watering, while supporting healthier plants. tomato fields right near my patio in CA. My petition stopped the helicopter, but not the pesticides. I sold my home, and my Restricting glyphosate alone is not enough to incentivize this lungs . . . are recovering. I’m sharing this because it is so very transition to sustainable organic practices. Local policies that important that we take action to protect children, elderly, eliminate the use of toxic pesticide products and allow organic and all of us! There is no reason to use these pesticides. With compatible products, experience shows, moves the community healthy topsoil and solid strategies based on experience (and off the pesticide treadmill. Localities such as Cuyahoga County chemistry), harsh fertilizers and pesticides with toxic chemicals (OH), Douglas County (WI), and Boulder (CO) have success- are not needed. fully employed this approach. And in the states of New York and Connecticut, restrictions on a broad range of synthetics Jane D. comments via Facebook: 2,4-D is broadly applied have been in place for years on most public school grounds by lawn companies on tens of thousands of lawns all across and athletic fields. this country. It is sold in hardware stores in Weed & Feed® products. It should be totally illegal to allow toxic chemicals to be applied to lawns and we need to work to ban these www.BeyondPesticides.org chemicalswinter once and2017–2018 for all. • Pesticides and You 3 washington, dc

Coated Seeds Endanger Birds and Aquatic Organisms

he U.S. Environmental Protection levels of concern for small to large TAgency (EPA) in December identi- birds. According to EPA, “Dietary fied several neonicotinoid pesticides exposures from clothianidin treated (clothianidin, thiamethoxam, dinotefuran) seeds are noted to result in the high- as causing acute and chronic risks to est acute and chronic risks from the aquatic life, and the most widely used terrestrial risk assessment to birds neonic, imidacloprid, as deadly to birds. and mammals.” The insecticide, In 2017, EPA said current imidacloprid which is widely used as seed coatings levels kill aquatic life. Neonic-coated on millions of acres of corn and soy- seeds pose the highest dietary risks beans, is also determined by EPA to birds, exceeding agency levels of to be very highly toxic to a range concern by as much as 200 times. EPA’s of organisms, including shrimp and Based on risks to aquatic organisms, assessment confirms that neonics are aquatic insects. Reproductive effects Canada proposed, but delayed, banning highly hazardous not only to bees, are observed in several freshwater imidacloprid. The United Kingdom, now but to birds, aquatic life, and other and estuarine/marine invertebrates. proposing to ban neonicotinoids—given non-target organisms. Developmental effects have occurred their harm to pollinators, is finding that in benthic invertebrates living at chemicals have contaminated streams. For clothianidin, the agency finds that the bottom, including the sediment The European Commission is considering ingesting as little as one to five treated surface and sub-surface, of water an extension of its 2013 neonicotinoid corn seeds exceeds acute and chronic bodies. ban to all outdoor crops.

EPA Ignores Cancer Science on Glyphosate

n December, EPA declared that glyphosate is likely not chemical to its Proposition 65 list of “probable carcinogens” Icancer causing. Prior to this, the European Union (EU) voted in July 2017. In its report, IARC notes that glyphosate has in late November to extend the license for the herbicide for been linked to DNA and chromosome damage in human cells. another five years, despite extensive opposition in member Epidemiologic studies have found that exposure to glyphosate countries. is significantly associated with an increased risk of the cancer— non-Hodgkin lymphoma. The EPA pronouncement conflicts with the 2015 classification of glyphosate as a “probable carcinogen” by the World Health The EPA and EU decisions are cloaked in controversy because Organization’s International Agency for Research on Cancer of irregular corporate influence in their deliberations. Reporting (IARC). It also contravenes a ruling by California’s Office of and discovery in litigation uncovered that Monsanto, the manu- Environmental Health Hazard Assessment, which added the facturer of glyphosate, has ghostwritten research papers for regulators, enlisted EPA officials to block a U.S. government review of glyphosate, and formed front groups to discredit critical scientists and journalists. It has been revealed that the European Food Safety Authority (EFSA) copied dozens of pages from a Monsanto study in reaching its conclusion that glyphosate is unlikely to pose a cancer hazard to people. In what was likely a recognition of the corrupting influence of industry, in October 2017 the European Parliament (EP) banned Monsanto lobbyists’ access to its committee meetings, digital resources, and contact with any EP members.

More than 300 lawsuits are pending against Monsanto in U.S. District Court in San Francisco, brought by people who claim that Roundup (glyphosate) exposure caused them or a family

4 Pesticides and You • winter 2017–2018 www.BeyondPesticides.org EPA To Weaken Farmworker Protection PA plans to revisit, and potentially weaken, rules passed in 2015 Eto update farmworker protections from hazardous pesticides. Im- provements to Agricultural Worker Protection Standards (AWPS) were proposed under the Obama Administration after more than a 20- year delay. While certain provisions are slated to go into effect this year, EPA Administrator Scott Pruitt is set to propose new changes that are likely to significantly weaken safeguards for farmworker health. Most workers in the U.S. look to the Occupational Safety and Health Administration (OSHA) for standards to protect them from exposure to hazardous chemicals. However, farmworker protection from pesticides is left to EPA’s authority under federal pesticide law and AWPS, a standard that is far less protective than OSHA. EPA announced in a press release that three aspects of the Obama-era AWPS would be revisited: i) a requirement that the farmworker be a minimum age of © Thinkstock/Singkham 18 to apply toxic pesticides; ii) a provision that establishes 25 to 100 foot ‘exclusion zones’ after toxic pesticide applications; and iii) a Congress Begins Farm Bill and clause that allows farmworkers to have a ‘designated representative’ obtain information about where and when pesticides are applied. Organic Negotiations s the U.S. Congress gears up for the 2018 Farm Bill EPA Nominee Withdraws Areauthorization, advocates are calling on Congress to support continuation of the organic certification cost he Trump Administration’s pick to become EPA Assistant Admin- share program, which enables small and medium-sized Tistrator for Chemical Safety and Pollution Prevention, Michael organic farms to become certified under the Organic Dourson, PhD, withdrew his name from consideration after it became Foods Production Act. The costs of annual certification increasingly likely he would not pass Senate confirmation due to his are increasing. The two federal programs providing deep connections to the chemical industry. In a letter obtained by the certification cost share offer a modest partial (75%) Associated Press, Dr. Dourson indicated his move “avoids unneces- reimbursement of up to $750 annually per certification sarily politicizing the important environmental protection goals of to help defray these costs. Having a diversity of scale Administrator Pruitt.” Health and environmental groups, including of operations involved in organic production helps to Beyond Pesticides, which launched a campaign against Dr. Dourson’s maintain the integrity, vitality, and opportunity of the confirmation, are pleased by the withdrawal announcement, but remain U.S. organic sector. There has been some murmuring deeply concerned with the Trump administration’s continued propen- on Capitol Hill of changes to the organic provisions of sity to promote industry interests and industry-backed nominees over the Farm Bill, originally the Organic Foods Production real measures to safeguard environmental health and justice. Act of 1990, particularly the makeup of the National Organic Standards Board—changes strongly opposed Dr. Dourson’s withdrawal was triggered by reports in November by Beyond Pesticides and other organizations. It has that North Carolina’s two Republican U.S. Senators, Richard Burr been an open secret that those in industrial agriculture and Thom Tillis, planned to vote against Dr. Dourson’s appointment. want weaker standards to allow their entry into the North Carolina is in the midst of a growing scandal implicating lucrative organic sector. Chemours, a company spun-off from chemical giant DuPont in 2015, in widespread water contamination with the chemical GenX, used More broadly, the Farm and Food Act (H.R. 4425) has to make Teflon and other industrial products. Chemours operates a been introduced by U.S. Representative Earl Blumenauer GenX production plant in Fayetteville, NC, and is accused of regu- (D-OR), and co-sponsored by Reps. Rosa DeLauro larly dumping the chemical into local rivers, polluting drinking water (D-CT), Chellie Pingree (D-ME) and Don Beyer (D-VA), in a number of communities. Recent tests have found the chemical to correct current policies that the sponsors see as sub- in the honey of bees in farms two miles away from the GenX sidizing diet-related disease, climate change, and water production site. pollution. The bill language is the result of a two-year conversation, “Sing Your Own Farm Bill,” in which Mr. Without an assistant administrator in place, health and safety decisions Blumenauer engaged a diverse group of farmers, ranchers, are in the hands of Nancy Beck, PhD, Deputy Assistant Administrator fiscal hawks, food and agriculture policy experts, environ- for Chemical Safety and Pollution Prevention, a former senior director mentalists, animal welfare advocates, and others to of regulatory science policy at the American Chemistry Council, a brainstorm ideas for shaping future farm and food policy. lobby group for the chemical industry. The bill incentivizes the transition to sustainable practices, supports food and nutrition programs, and advances www.BeyondPesticides.org animalwinter welfare, 2017–2018 among • Pesticidesother things. and You 5 around the country

Landmark Court Cases Program Environmental Impact

Report (PEIR). The Court decision in California halts a state program allowing pesticide spraying at schools, wo landmark court decisions in organic farms, and backyards TCalifornia rein in pesticide regula- across California because of tors to be more restrictive in complying inadequate public disclosure with the California Environmental Qual- of the chemicals’ adverse effects, ity Act (CEQA). The California Supreme deficient review of cumulative effects, national health and environmental Court in December declined to review and improper analysis of environmental groups are praising the city for its dili- and therefore upheld a state Court of conditions. The California Department gence in addressing the issue, and its Appeals decision requiring state regu- of Food and Agriculture’s (CDFA) state- ultimate decision to restrict hazardous lators under CEQA to conduct pesticide wide “pest management” program pesticide use in the face of insufficient reviews that consider feasible alternatives required no site-specific analysis of risks protections from federal and state regu- to allowing a pesticide use, consideration before the application of 79 pesticides, lators. The City of Portland now joins of the cumulative impact of aggregate including some known to cause cancer neighboring South Portland and other use of the pesticide under review, and and birth defects and to be highly toxic jurisdictions in the state of Maryland providing for public review in making a to bees, butterflies, fish, and birds. (the City of Takoma Park and Mont- ‘no significant effect’ finding. The case, gomery County), which have taken filed by Pesticide Action Network North similar action. Twenty-eight jurisdictions America, Center for Food Safety, and Localities Act To Stop throughout Maine have restricted pesti- Beyond Pesticides, with Earthjustice Pesticide Use cides in various ways, including only on serving as counsel, challenged the public property, but the comprehensive Department of Pesticide Regulation’s n January, the City Council of Port- Portland-style ordinance stops virtually (DPR) June, 2014 decision to allow land, Maine voted unanimously (9-0) I all hazardous pesticide use throughout expanded use of the neonicotinoid, to restrict the use of toxic pesticides on the community, eliminating problems bee-killing insecticide dinotefuron, all lawns and landscapes within the city, associated with pesticide drift and associated with the decline of bee both public and private property. Pas- runoff. In support of the legislation, the populations. The court directed the sage of the new pesticide ordinance, city councilors received a letter from 31 department to rescind its decision. one of the strongest in the country, medical and science professionals, who represents the culmination of nearly said, “As health professionals, it is our The California Superior Court found two and a half years of intense debate contention, based on the molecular and that DPR violated its responsibilities and discussion between residents, microbiologic actions of these synthetic under CEQA when permitting broad advocates, pesticide proponents, and land care pesticides, that the continued spray programs without an adequate City of Portland officials. Local and use of them must be challenged, banned, and replaced by practices and products that are not harmful to people and the Hearing on pesticide ordinance environment.” in Portland, Maine, June 2017. The ability to apply pesticide restrictions to private property is permitted within only a handful of states due to preemption laws that prevent localities from enacting pesticide policies stricter than the state. While Maine localities are not preempted, during the course of deliberations in Portland, Governor Paul LePage and other state lawmakers friendly to the pesticide industry launched a failed attempt to pass preemption legislation. The bill was rejected unanimously by a committee of the state legislature.

Buoyed by a strong and growing coali-

6 Pesticides and YouYou • winter 2017–2018 www.BeyondPesticides.org a healthier environment for their children, pets, and wildlife, the City of Carlsbad is the newest in a string of southern California communities that have adopted safer pest management policies. Carlsbad’s new policy expands a 2003 integrated pest management park policy to all city maintained or operated land and facilities with a tougher approach against toxic pesticide use. The policy prioritizes the use of organic products and cultural, me- chanical, environmental/physical, and biological controls. However, it distin- guishes itself from a Portland-style ordi- Rally to support School Suffer zones nance (adopted previously by Takoma in Delano, California. Park, Montgomery County, and South Portland) that clearly prohibits the near schools, which are in agricultural from use in Arkansas agriculture from allowance of any toxic pesticides used areas that are disproportionately Latino April 16 to October 31, 2018, following in managing landscapes that are not and farmworker families. There is a recommendation from the Arkansas compatible with organic methods, continuing concern about children’s State Plant Board last year and a vote except in cases of public health pro- exposure to hazardous pesticides in January by the state’s Legislative tection and management of invasives. because children use school grounds Council. Monsanto is suing to stop the after school hours and on weekends, state action, arguing that farmers need CA School Drift and residues from drift may remain its herbicide. Regulations Take Effect on fields. Many pesticides used are persistent and systemic, lingering in the Monsanto plans to provide farmers with ith a long-documented history of air and on surfaces long after they are more than half of the cost of herbicide Wchildren’s exposure to pesticides applied. In fact, 2016 air monitoring per acre as an incentive to plant its GE that drift from agricultural fields to school data found pesticide residues at levels seeds. However, given the range of new yards, California’s new regulations more than 18 times higher than federal regulations surrounding the products, establishing no-spray buffers took effect standards on the campus of Shafter as well as the social stigma around its January 1, as labor and public health High School in Kern County. use, it remains to be seen whether the groups acknowledged the progress and offer will sway farmers. Dicamba has inadequacy of the measure. The new Monsanto Pays stirred up fights between neighbors in rule, DPR 16-004 Pesticide Use Near a number of agricultural communities. Schoolsites, adopted by the California Farmers to Use Deadly Bader Farmers, with over 110,000 Department of Pesticide Regulation Dicamba peach trees on over 1,000 acres in pro- (DPR), prohibits many pesticide appli- duction in Missouri, is suing Monsanto cations within a quarter mile of public euters news service reported that after its insurance company refused to K-12 schools and licensed child day Rthe agrichemical company Monsanto pay for damages caused by dicamba care facilities during school hours, plans to offer farmers a cash incentive drift from surrounding farms. In June Monday through Friday between 6am to use its highly toxic and drift-prone last year, University of Arkansas’ agri- and 6pm. This includes all applications dicamba-based herbicide next season, cultural research station had over 100 by aircraft, sprinklers, air-blast sprayers, despite links to widespread crop damage acres of soybeans ruined from nearby and all fumigant applications. In addi- that has pitted neighbor against neigh- dicamba use. NPR reported that a tion, most dust and powder pesticide bor in agricultural communities through- dispute last October between two applications, such as sulfur, will also out the country. The move comes as neighbors over dicamba drift led to be prohibited during this time. The more and more states enact or consider the murder of one Arkansas farmer. new rule was announced in November, restrictions on use of the herbicide, 2017. which is paired with genetically engi- Monsanto claimed earlier this year that neered (GE) soybean crops resistant to the problem was that farmers were not Advocates say the new rules fail to ad- both dicamba and glyphosate, another following product label directions, using dress persistent low-level exposures as- controversial herbicide produced by contaminated equipment, or buying sociated with the use of the pesticides Monsanto. Dicamba will be prohibited older formulations of dicamba that are

www.BeyondPesticides.org winter 2017–2018 • Pesticides and You 7 around the country

less pollen [in the 10 ppb group] compared to the control bees.”

Birds Threatened

ongbirds exposed to widely used Sinsecticides fail to properly orient themselves for migration, according to a study published by Canadian scientists in Scientific Reports. With the

© Thinkstockphoto/greenphotoKK organophosphate chlorpyrifos and the neonicotinoid imidachlorprid applied to millions of acres of farmland throughout North America, this new research adds weight to arguments that pesticides are likely a cause of declining migratory bird populations. “Studies on the risks of neonicotinoids have often focused on bees that have been experiencing cheaper, but more prone to drift. How- Nosema prevalence and bumblebee population declines. However, it is ever, research is showing that the new declines across the United States in this not just bees that are being affected product Monsanto released, although data set.” by these insecticides,” said Christy promoted by the company as being Morrissey, PhD, study author and less prone to off-site drift, has inherent Another study published in Scientific biology professor at the University problems that will continue to lead Reports finds that bumblebees exposed of Saskatchewan. to nearby crop damage. to field-realistic levels of neonicotinoid insecticides have problems with “buzz Researchers captured 57 white crowned pollination” that results in reduced pollen sparrows in northern Canada and held Bumblebees at Risk collection. This is the latest science to them in an outdoor pen for roughly two tease out the complex ways in which weeks, during which time all the birds umblebees are in decline as a neonicotinoids interfere with these im- either gained or maintained their weight. Bresult of insecticide and fungicide portant pollinators. Flowers that bumble- The songbirds were then split into three use, according to research findings. bees pollinate require the insects to emit groups, one exposed to imidacloprid, Published in the Proceedings of the soundwaves, or ‘sonicate,’ to release another to chlorpyrifos, and the last Royal Society B., Cornell University their pollen, and bumblebees must per- untreated and acting as a control. The researchers report that fungicides, in fect their techniques over time in order imidacloprid and chlorpyrifos exposed particular the chemical chlorothalonil, to maximize the pollen they are able to groups were each further separated by are likely compounding risk and toxicity collect. Researchers tested the effect of exposing a portion to the insecticide at for U.S. bumblebee species. After sam- neonicotinoids on bumblebees’ sonication 10% of the lethal dose that would kill pling eight bumblebee species at nearly abilities by exposing them to field realis- 50% of a given population (LD50), and 300 sites in 40 states, researchers found tic doses of the insecticide thiamethoxam another to 25% of the LD50. According declines associated with fungicide use. at rates of two parts per billion (ppb) to the study, at those rates, the 10% Scientists focused on the prevalence of and 10 ppb, and observing their ability dose was equivalent to the sparrows Nosema bombi, a fungal pathogen that to successfully collect pollen. A control eating four treated canola seeds or less has also been closely linked to declining group that never came into contact with than a tenth of a corn seed, while the bumblebee species. They found that the thiamethoxam was also used into com- 25% dose was like the birds eating nine use of the fungicide chlorothalonil at pare the progress of the exposed group. coated canola seeds or two-tenths of a site was the most accurate predictor a treated corn seed. Both insecticides of N. bombi prevalence. “Nosema Lead author of the study, Penelope are commonly used to coat the outside can be devastating to bumblebees Whitehorn, PhD, said, “[B]ees that came of crop seeds before planting. Over and honeybees,” said lead author Scott into contact with pesticide did not col- 90% of corn and canola seeds are McArt, PhD. “Since fungicide exposure lect more pollen as they gained more coated with neonicotinoid insecticides, can increase susceptibility of bees to experience, and by the end of the ex- despite strong evidence that it does Nosema, this may be the reason we’re periment collected between 47 percent not contribute to higher productivity. seeing links between fungicide exposure, [in the 2 ppb group] and 56 percent

8 Pesticides and You • winter 2017–2018 www.BeyondPesticides.org Antibacterial Triclosan Banned by FDA for Medical Use Remains in toothpaste and consumer products, despite lack of efficacy and contributing to crisis in bacterial resistance to antibiotics

ntibacterial products with triclosan are being decision leaves in commerce six antiseptic compounds banned for medical use by the Food and Drug widely used in the hospital and medical setting, in response Administration (FDA). The pesticide has long to industry requests for more time to develop safety and been identified as a highly toxic, ineffective, efficacy data. and unnecessary antibacterial pesticide that contributesA to the escalating international crisis of bacterial In what appears to contradict FDA’s finding that it does resistance to antibiotics and antimicrobials, especially when not have sufficient data to make a GRASE determination for sold in soap, toothpaste, or in plastics and textiles in consumer virtually all antiseptic products used in the health care and goods. The FDA in December announced it was removing medical settings, the agency, under chemical industry pres- from the market 24 over-the-counter (OTC) disinfectants or sure, is not restricting the mostly widely used compounds. antimicrobial ingredients, including triclosan, used by health There is heightened concern that health care providers and care providers primarily in medical settings, such as hospitals, hospitals are using fraudulently labeled products for patient health care clinics, and doctors’ offices. Despite banning and staff protection from pathogenic bacteria, leading to its use in liquid soaps in 2016, FDA allows the pesticide in potentially deadly infections. In its press release, FDA states, toothpaste, while wide use continues in products under the jurisdiction of the U.S. Environmental Protection Agency (EPA). In response to requests from industry, the FDA has deferred final rulemaking for one year, subject to renewal, on six specific active ingredients that are the most commonly FDA acts after four decades of concern used in currently marketed OTC health care antiseptic FDA took this action after the chemical industry did not products—alcohol (ethanol), isopropyl alcohol, povidone- respond to a 2015 request for data to support a finding of iodine, benzalkonium chloride, benzalkonium chloride, “generally recognized as safe and effective (GRASE).” The benzethonium chloride, and chloroxylenol (PCMX—to decision, which follows a 2016 FDA decision to remove OTC provide manufacturers with more time to complete the consumer soap products with triclosan for the same reason, scientific studies necessary to fill the data gaps identified leaves toothpaste and numerous EPA-regulated consumer so that the agency can make a safety and efficacy deter- products (fabrics and textiles, sponges, undergarments, mination about these ingredients. In addition, the final rule cutting boards, hair brushes, toys, prophylactics, computer does not affect health care antiseptics that are currently keyboards, other plastics, etc.) on the market with triclosan marketed under new drug applications and abbreviated (often labeled as or produced by Microban®). The December new drug applications.

www.BeyondPesticides.org winter 2017–2018 • Pesticides and You 9 Examples of products infused with Microban®.

For public health advocates, the speed of the federal govern- The agency’s failure to regulate triclosan for nearly two decades ment’s progress on regulating toxic chemicals is alarmingly . . . put millions of people and the environment at unneces- slow. FDA’s narrow 2016 ban of triclosan and triclocarban— sary risk [of] toxic effects and elevated risk [of] other bacterial its chemical cousin—in consumer soap products, promul- diseases. Now, FDA should remove it from toothpaste and gated after persistent scientific arguments over the course EPA should immediately ban it in common household products, of the past few decades, is a case in point. from plastics to textiles.” During the past few years, with pressure from consumer groups and media, major manufacturers, Capitalizing on consumer fears of germs such as Procter & Gamble and Johnson & Johnson, have The common and rapid adoption of soaps with triclosan or quietly reformulated their consumer products without triclosan; triclocarban was based largely on a public perception that Colgate-Palmolive removed it from liquid soaps, but continues the antibacterial compounds are effective tools for safeguard- to include it in its Total® toothpaste. ing health from harmful bacteria. For years, studies have challenged the utility of the chemicals, and found that, in fact, Challenging federal regulators OTC antibacterial soaps show no health benefits compared Triclosan and triclocarban compounds have been the subject to soap and water washing. The chemical was originally of a ban campaign and petitions by a coalition of health introduced as a surgical scrub in 1972 and exploded on to and environmental groups, led by Beyond Pesticides and the consumer market over the next decade. With widespread Food and Water Watch (and targeted litigation by the Natural exposure, the Centers for Disease Control and Prevention Resources Defense Council). In 2009, Beyond Pesticides, in (CDC) has found that 75% of U.S. residents contains triclosan partnership with Food and Water Watch and 80 other groups, in their bodies. Triclosan enters the food chain through submitted a petition to FDA calling for a ban on the non- contaminated water or soil in which crops are grown. medical uses of triclosan. (A companion petition was filed with EPA.) The agency announced plans in 2010 to address After years of public health advocacy to ban triclosan from the use of triclosan in cosmetics and other products, saying consumer products, FDA’s 2016 ruling banned 19 specific in a response letter to U.S. Senator Ed Markey, D-MA (then a ingredients in soap products, including triclosan and triclo- U.S. Representative), who had repeatedly requested that FDA carban, saying they were no longer “recognized as safe and write regulations for antibacterial products in hand soap and effective,” and citing risks to health and contributions to the EPA on other products, that recent studies “raise valid con- problem of bacterial resistance. Manufacturers had until cerns about the effect of repetitive daily human exposure to September 6, 2017 to reformulate their products and remove these antiseptic ingredients.” FDA initiated triclosan’s registra- existing triclosan products from the market. That ban did not tion review in 2013, announcing that it would require manu- apply to products used in health care and food service facturers to prove that their antibacterial soaps were safe and settings. more effective than soap and water (including providing the agency with data from clinical studies to demonstrate their When the 2016 ruling was announced, Beyond Pesticides findings). Manufacturers failed to do so. The state of Minne- executive director Jay Feldman noted, “FDA’s decision to sota enacted a ban on triclosan in personal care cleaning remove the antibacterial triclosan, found in liquid soaps (its products in 2014, and the European Union banned its uses use in toothpaste went unaddressed), is a long time coming. altogether in 2015.

10 Pesticides and You • winter 2017–2018 www.BeyondPesticides.org Extraordinary Hazards Scientific evidence has demonstrated a variety of adverse Following the accumulated body of scientific literature devel- health effects of triclosan and its cousin, triclocarban: oped over the past decade, in 2016, 200 scientists, medical skin irritation; exacerbation of allergic response; endocrine doctors, and public health professionals released The Florence disruption (e.g., triclocarban has been shown to amplify Statement on Triclosan and Triclocarban (Environmental the activities of natural hormones, which can cause adverse Health Perspectives, 2017), which reads, reproductive and developmental effects); interference with production of the thyroid hormones thyroxine and triiodothy- The Florence Statement on Triclosan and Triclocar- ronine; and increased risk (for children) of developing asthma, ban documents a consensus of more than 200 scientists eczema, and allergies. In addition, there is substantial evidence and medical professionals on the hazards of and lack of that broad use of these compounds promotes the emergence demonstrated benefit from common uses of triclosan and of bacteria that are resistant to antibiotic medications and triclocarban. These chemicals may be used in thousands antibacterial cleansers important in health care, thus, contrib- of personal care and consumer products, as well as in uting to the extremely serious issue of antibiotic resistance building materials. Based on extensive peer-reviewed in “superbug” bacteria. Many health impacts are likely still research, this statement concludes that triclosan and triclo- unknown. carban are environmentally persistent endocrine disruptors that bioaccumulate in and are toxic to aquatic and other Another cause for concern about the prevalence of triclosan organisms. Evidence of other hazards to humans and in waterways is that, when exposed to sunlight, it is converted ecosystems from triclosan and triclocarban is presented, into a dioxin. Dioxins are highly toxic compounds that cause along with recommendations intended to prevent future reproductive and developmental problems, damage immune harm from triclosan, triclocarban, and antimicrobial systems, interfere with hormones, and cause cancer. If that substances with similar properties and effects. Because were not sufficiently alarming, triclosan can also combine antimicrobials can have unintended adverse health and with chlorine in tap water to form chloroform (which is listed environmental impacts, they should only be used when as a probable human carcinogen)—creating yet another they provide an evidence-based health benefit. Greater toxic exposure. transparency is needed in product formulations, and before an antimicrobial is incorporated into a product, Consumer Beware: Protect yourself the long-term health and ecological impacts should Products with triclosan can be avoided in the market. Whether be evaluated. it is toothpaste or textile or plastic/synthetic products, triclosan or Microban® ingredients can be avoided. Health experts advise people to wash hands frequently and thoroughly with soap and water for 15 seconds and rinse with warm water.

For more information and scientific citations on triclosan effects, see Beyond Pesticides webpage on triclosan at bp-dc.org/triclosan.

During the past few years, with pressure from consumer groups and media, major manufacturers, such as Procter & Gamble and Johnson & Johnson, have quietly reformulated their consumer products without triclosan; Colgate-Palmolive removed it from liquid soaps, but continues to include it in its Total® toothpaste. © Creative Commons/FuzzyGerdes

www.BeyondPesticides.org winter 2017–2018 • Pesticides and You 11 © iStockphoto/AwakenedEye Commentary Assault on Science What is getting in the way of using science to protect health and the environment?

cience plays an important role in ensuring that and far-reaching, and irreversible, given the current state the corporate profit motive does not force harmful of environmental degradation and rates of environmentally impacts on human health, the environment, social induced diseases. conditions, and the economy. Environmental laws require the application of science, based on protocol We can trace modern victims of attempts by corporations to Ssubject to public oversight. These laws establish standards silence scientific critics back to Rachel Carson in the 1960’s, concerning acceptable environmental and health impacts although the attack on Italian astronomer and physicist regarding whether, when, where, and how toxic chemicals Galileo Gallilei by societal forces is well-known. Ms. Carson, are used, their discharge into rivers and streams, emission who dared to speak out about the dangers of pesticides, into the air, disposal, and the remediation of inadvertent was subjected to many attempts to silence her—chemical poisoning or contamination. Scientists, with a professional companies attempted to prevent the publication of Silent ethic for carrying out the scientific method,1 are critical to Spring. They characterized her as extremist and hysterical, bringing facts to discussions that can be highly politicized and corporate sponsors withdrew their support for an or involve those who have a vested economic interest in a hour-long CBS Reports show that featured her work. particular policy outcome or standard. In the current political climate, scientists are being undermined, attacked, and More recently, after the chemical company Syngenta hired removed from their historical role of informing and imple- Harvard and Berkeley educated biologist Tyrone Hayes, PhD menting environmental and public health law. to study the effects of atrazine, it refused to let him publish his finding that its top-selling herbicide, atrazine, feminizes male A history of attempts to silence scientists frogs. When his work appeared in the prestigious Proceedings Of course, the attack on scientists and science is not a new of the National Academy of Sciences, Syngenta attacked the phenomenon. The question is whether it is more pervasive study and Dr. Hayes with a multi-million dollar campaign to

1 Webster’s defines scientific method as “principles and procedures for the systematic pursuit of knowledge involving the recognition and formulation of a problem, the collection of data through observation and experiment, and the formulation and testing of hypotheses.”

12 Pesticides and You • winter 2017–2018 www.BeyondPesticides.org discredit him and atrazine critics. The details of this orchestrated Syngenta campaign were uncovered in documents obtained in discovery in a lawsuit by water treatment plants— Tyrone Hayes, PhD, professor, University forced to clean up atrazine-contaminated water—against the of California, company and fully described in a 2014 New Yorker article. Berkeley. Before uncovering the Syngenta campaign, the University of California, Berkeley, where Dr. Hayes is a professor, was pressured to remove funding for his laboratory and the continuation of his critical work. Recognizing the need for a mechanism to raise substantial funds to support independent scientific research that informs sound public policy to protect health and the environment, Beyond Pesticides established The Fund for Independent Science. The fund supports Dr. Hayes’ work to protect life from harmful chemicals.

If researchers in universities are at risk, consider the position of scientists in government agencies, where their work may feed directly into regulatory policies. In 2009, the Obama administration issued scientific integrity policies for federal agencies in coordination with the White House Office of Science and Technology Policy through a presidential memorandum to the heads of executive departments and agencies. It stated that:

Political officials should not suppress or alter scientific or technological findings and conclusions. If scientific and technological information is developed and used by the Federal Government, it should ordinarily be made available to the public. To the extent permitted by law, there tional and environmental causes of cancer, and the overall should be transparency in the preparation, identification, chair of the International Agency for Research on Cancer’s and use of scientific and technological information in (IARC) evaluation panel that found glyphosate (Roundup) policymaking. The selection of scientists and technology to be “probably carcinogenic to humans.” When the 2015 professionals for positions in the executive branch should IARC report on glyphosate was released, Monsanto, the be based on their scientific and technological knowledge, manufacturer of glyphosate, was ready with a campaign credentials, experience, and integrity. to attack Dr. Blair and IARC.

Despite these policies, Jonathan Lundgren, PhD was sus- Political attacks on science in the pended by the U.S. Department of Agriculture (USDA) after he Trump administration published research showing the adverse effects of neonicotinoid The Trump administration has declared open season on insecticides on monarch butterflies and bees. USDA’s five- attacks on scientists. A recent example is the move by Repub- member Scientific Integrity Review Panel, which was convened licans on the House Committee on Science, Space, and Tech- to review Dr. Lundgren’s complaint of USDA’s action under nology to “conduct oversight” of Linda Birnbaum, PhD, the USDA’s scientific integrity policy, found, “USDA’s Scientific director of the National Institute of Environmental Health Integrity Policy explicitly authorizes it to block publication of Sciences (NIEHS), an institute of the National Institutes of research containing ‘statements that could be construed as Health that operates in the U.S. Department of Health and being judgments of or recommendations on USDA or any Human Services (DHHS). The mission of NIEHS is “to discover other federal government policy.’” Dr. Lundgren, along with how the environment affects people in order to promote many other embattled government scientists, was represented healthier lives.” U.S. Representatives Lamar Smith (R-TX) and by Public Employees for Environmental Responsibility (PEER), Andy Biggs (R-AZ) wrote to the DHHS Inspector General and a nonprofit organization that works “with and on behalf of the Acting Secretary in January to say they were taking this scientists to empower them in confronting their own agencies step in response to an editorial Dr. Birnbaum co-authored and the political and commercial forces behind scientific in a scientific journal. perversion.” That editorial, published by PLOS (Public Library of Science) Aaron Blair, PhD is a National Cancer Institute researcher Biology in December 2017, addressed problems in the regu- (emeritus), author of more than 450 publications on occupa- lation of toxic chemicals in the U.S. In it, Dr. Birnbaum noted

www.BeyondPesticides.org winter 2017–2018 • Pesticides and You 13 that, “Though there are more than 85,000 chemicals approved duction of any bill . . . [or] policy.” In 1989, the Department for use in commerce . . . ‘U.S. policy has not accounted for of Justice (DOJ) offered further guidance, saying that the Act evidence that chemicals in widespread use can cause cancer applies to grassroots lobbying, meaning all “‘communications and other chronic diseases, damage reproductive systems, by executive officials directed to members of the public at and harm developing brains at low levels of exposure once large, or particular segments of the general public, intended believed to be harmless.’” Additionally, she posited a need to persuade them in turn to communicate with their elected for more research on the risks presented by chemicals in the representatives on some issue of concern to the executive.’” materials stream, and noted that “‘closing the gap between evidence and policy will require that engaged citizens—both It is worth noting that Dr. Birnbaum was not paid to write scientists and non-scientists—work to ensure that our govern- the editorial, nor does it advocate for any particular policy, ment officials pass health-protective policies based on the legislation, or action—other than engaged citizenship. Also best available scientific evidence.’” relevant is the fact that both Representatives received money from Koch Industries, Exxon Mobil, and other companies that Reps. Smith and Biggs charge that this last statement may have a financial interest in limiting research on the environ- be a violation of the Anti-Lobbying Act, which bars federal mental effects of chemicals. Andrew Rosenberg, PhD, the employees from lobbying Congress on specific issues, director of the Center for Science and Democracy at the and have called on the Inspector General to analyze their Union of Concerned Scientists (UCS), said, “I don’t see how concerns with an eye to launching “a full scale review of in any sense it is lobbying. . . . Science itself is not lobbying. the situation.” They asked for a determination by the end It is reporting on evidence.” of January. Members of the House Committee on Science had previously The Anti-Lobbying Act says that no Congressional funds may targeted Dr. Birnbaum for calling attention to environmental be used to “pay for any printed or written matter . . . intended science that pointed to a need for increased regulation of or designed to influence in any manner a Member of Congress, chemicals. In 2013, then-chairs Reps. Larry Bucshon and a jurisdiction, or an official of any government, to favor, adopt, Paul Broun criticized a paper in which Dr. Birnbaum described or oppose . . . any legislation . . . before or after the intro- the harms of various endocrine disrupting chemicals, titled, “When environmental chemicals act like uncontrolled medicine.” Industry and chemical manufacturing interests have perpetu- ally challenged the science behind endocrine disruption Presidential First-Year Appointments to Science Positions linked to chemicals in products.

Sidelining Science 70 UCS’s Center for Science and Democracy recently released a report, Abandoning Science Advice: One Year in, the Trump 60 Administration Is Sidelining Science Advisory Committees, that Appointed analyzes membership and meeting data of 73 science advisory 50 Announced committees across 24 departments, agencies, and sub-agencies, or Nominated and interviews more than 30 current and former advisory 40 board members. It concludes that the Trump “administration systematically sidelines science to an unprecedented extent, 30 resulting in the neglect of valuable input from the nation’s established network of scientific advisory committees.” UCS finds: in 2017, federal science advisory committees met less 20 often than in any year since the government started tracking in 1997; advisory committee membership decreased 14 per- 10 cent from 2016 (a far larger dip than in the first year of the prior two administrations); and, at the Department of Energy, 0 Department of Commerce, and EPA, fewer experts serve on Bush Obama Trump science advisory committees than at any time since 1997. 2000–2001 2008–2009 2016–2017

Not only has President Trump failed to nominate a presidential science Meanwhile, scientists and others charged with protecting the advisor, but he also has filled only 20 of 83 top government science posi- health of the public and the environment at EPA are being tions, far fewer than his two predecessors in their first year as president. encouraged to exit the agency, as EPA Administrator Scott Sources: Union of Concerned Scientists 2018 (ucsusa.org); Pruitt advances his goal of trimming agency programs Partnership for Public Service; Washington Post 2017; NAS 2008. and staff by half. As Mr. Pruitt advances his goal through

14 Pesticides and You • winter 2017–2018 www.BeyondPesticides.org The Changing Makeup of the EPA Science Advisory Board

Consultant Consultant 2% 9%NGO EPA Administrator Pruitt’s attacks Government Industry Government 9% Industry 4% 6% 9% 23% on scientific and evidence-based guidance have distorted the Nongovernmental Industry composition of the agency’s Science Organization Nongovernmental 23% Advisory Board. By forcing academic 9% Organization scientists with EPA grants off the 9% committee, he decreased the 2018 representation of academic advisors 40 percent compared with 2017. Over the same period, industry Academia Academia representation has tripled. 79% 50% 2017 sources: Union of Concerned 2018 Scientists 2018 (ucsusa.org);E PA 2017c; GSA 2017.

encouraging retirement of senior scientists, the agency loses resources page of other aligned initiatives, including resources expertise, institutional knowledge, and sometimes entire for whistleblowers. Beginning with the 2016 Presidential areas of work. Younger scientists are discouraged from going election, the tracker has monitored silencing attempts only by into public service by the hostile environment. As the Trump the federal government, but plans to add information about administration focuses staff reductions on areas to which it analogous actions at the state level, as capacity permits. is ideologically opposed, the agencies lose the institutional structures to deal with issues like pollution prevention and Other initiatives have made available thousands of pages climate change. of scientific reports, legal proceedings, and other information— including emails between regulators and the regulated industry Aides to Mr. Pruitt confirmed to the Washington Examiner —in freely accessible databases. These include the Monsanto that by the end of President Trump’s first term, the agency’s Papers (https://usrtk.org/pesticides/mdl-monsanto-glyphosate- staff will be cut by nearly half. Administrator Pruitt told the cancer-case-key-documents-analysis), and Poison Papers Washington Examiner he was “proud” of his efforts to dis- (https://www.poisonpapers.org/the-poison-papers). The mantle, some say cripple, the very agency he leads, which Poison Papers are contained in DocumentCloud (https://www. is responsible for enforcing the Safe Drinking Water Act, the documentcloud.org). Searches of the more than 27 million Clean Air Act, the pesticide registration program under the pages in DocumentCloud are facilitated by a search engine Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), (https://www.documentcloud.org/public/search). and the Superfund toxic waste cleanup program, farmworker protection, and key provisions of the Endangered Species Agencies need good science Act, among others. By early 2021, Mr. Pruitt and his team Regardless of efforts to make research and government are aiming to reduce the staff of what was nearly 15,000 to agency actions more transparent, agencies need scientists below 8,000. Among the people who are being encouraged who understand the science and can apply it in a regulatory to “retire” are more than 200 scientists and nearly 100 context. The politically based attacks and deliberate, overly environmental protection specialists. aggressive staff reductions at EPA and other agencies encour- age actions that may be arbitrary and capricious because Science and the media fight back they lack the required scientific basis. Congress must be In view of these attacks, it is not surprising that scientists and encouraged to support full funding for science in federal the independent media have responded. The latest is the agencies and push back to require the use of science in launch of the Silencing Science Tracker, by the Sabin Center environmental and public health regulatory decisions. for Climate Change Law at Columbia Law School (Columbia University) and the Climate Science Legal Defense Fund. What you can do The function of the tracker is to monitor and record reported Contact your U.S. Senators and U.S. Representative and attempts by government to “silence science”—by prohibiting tell them that you are concerned about the lack of science or restricting scientific research, discussion, education, informing regulatory decisions intended to carry out federal or the publication or use of science information. environmental and public health law. Ask them to initiate or support efforts that specify requirements for science-based The tracker identifies six categories of such silencing: govern- decision making and staffing levels to carry out federal ment censorship, self-censorship, budget cuts, personnel laws intended to protect our health and the environment. changes, research hindrance, and bias and misrepresenta- tion. Reports that end up in the tracker come primarily from Contributors to this article include Terry Shistar, PhD, national news media reporting. The website also provides a Jay Feldman, and Debra Simes.

www.BeyondPesticides.org winter 2017–2018 • Pesticides and You 15 Widely Used Pesticide in Food Production Damages Children’s Brains EPA science on chlorpyrifos ignored as agency reverses decision to stop insecticide’s agricultural use

ne of Administrator Scott Pruitt’s first acts, some would say politicized act, as head of the U.S. Environmental Protection Agency (EPA) was Bills Introduced in to rescind the agency’s 2015 proposal to revoke the food tolerances, or allowable residues, of one of the most neurologically toxic Congress to Ban pesticides on the market. The planned revocation of food tolerances Chlorpyrifos Owould effectively ban the use of the organophosphate (OP) insecticide, chlorpyrifos, from agriculture and eliminate agriculture-related exposures to farmworkers and n response to the EPA reversal of their children. Instead, Mr. Pruitt’s EPA indicated the agency will continue to study Iits proposal to revoke tolerances of chlorpyrifos, without any planned action until 2022. allowed chlorpyrifos residues on food, legislation was introduced in the U.S. Residential indoor uses were banned in 2000 due to elevated neurological risks to Congress in July, 2017, and several children. Since then, EPA scientists and regulators have been reviewing this hazard- states. The bills were introduced in the ous pesticide, which is currently mostly used in agriculture, for mosquito-borne dis- U.S. Senate and House of Representa- ease control, and on golf courses. tives after an appeals court refused to require EPA to make a decision on the The science on adverse effects IS clear scientific issues supporting its earlier Chlorpyrifos is a neurological toxicant that damages the brains of young children. proposal to ban the chemical. Exposures lead to decreased cognitive function, lower IQs, attention deficit disorder, developmental delays, and a host of other pervasive developmental and learning U.S. Senators Tom Udall (D-NM), disorders in children. Because of this, it is evident to scientists and regulators that Richard Blumenthal (D-CT), and eight this chemical must be taken off the market. cosponsors introduced The Protect Children, Farmers and Farmworkers Decades of science cast aside from Nerve Agent Pesticides Act of Chlorpyrifos is a cholinesterase inhibitor that binds irreversibly to the active site 2017, S. 1624. U.S. Representatives of an essential enzyme for normal nerve impulse transmission, acetylcholinesterase Nydia Velázquez (D-NY) and 49 (AChE), inactivating the enzyme. In doing this, the chemical causes damage to the cosponsors introduced a companion central and peripheral nervous systems and disrupts neurological activity. bill, Pesticide Protection Act of 2017, H.R. 3380. Although the acute toxicity of OPs, such as chlorpyrifos, has been attributed to inhibition of AChE, there is growing evidence that this may not account for all the Bills have been introduced to ban long-term neurotoxic effects of OPs. Studies show that OPs can induce additional or restrict chlorpyrifos in California, neurotoxic effects at very low level concentrations below those demonstrated to Hawaii, Maryland, and New Jersey. inhibit AChE. Some studies find that OPs interfere with proper neuronal development and function. Others find that OP pesticides may influence the nervous system by disrupting the lipid profile of the nerve tissue; disrupting axonal transport (movement of mitochondria, lipids, synaptic vesicles, proteins, and other cell parts to and from neuron cells), and decreasing the number of nerve cells.

16 Pesticides and You • winter 2017–2018 www.BeyondPesticides.org © iStockphoto/incposterco

Chlorpyrifos effects on children’s opmental endpoints are adversely affected by chlorpyrifos brain function and other pesticidal exposures. Studies have documented that exposure to low levels of chlorpyrifos during pregnancy can impair learning, change brain Further research at the University of California, Berkeley, function and alter thyroid levels of offspring into adulthood, examining families in the agricultural-intensive region of the especially in females. Salinas Valley, California, found that IQ levels for children with the highest OP exposure were a full seven IQ points low- One pivotal body of science is the work conducted by Colum- er than those with the lowest exposure levels. The Berkeley bia University researchers at the Center for Children’s Envi- team also found that every ten-fold increase in OPs detected ronmental Health (CCCEH), which measured chlorpyrifos in during a mother’s pregnancy corresponds to a 5.5 point umbilical cord blood of pregnant mothers and conducted in- drop in overall IQ scores in the seven-year-olds. Researchers telligence tests for children of these mothers later in childhood. at Mount Sinai School of Medicine also found that prenatal This is part of a series of ongoing prospective cohort studies exposure to organophosphates is negatively associated with in inner-city minority populations that link exposure to chlor- cognitive development, particularly perceptual reasoning, with pyrifos to early childhood developmental delays. One study evidence of effects beginning at 12 months and continuing from this research group compares motor and mental devel- through early childhood. opment to levels of exposure to the pesticide at birth in 266 children born between 1998 and 2002 living in low-income New York City neighborhoods of the South Bronx and north- Environmental Justice: Disproportionate ern Manhattan. The study finds that concentrations of chlor- impacts will continue pyrifos in umbilical cord blood correspond to a decrease in Research on chlorpyrifos underscores that certain subpopula- the psychomotor development and a decrease in the mental tions are disproportionately affected by chlorpyrifos exposures. development in three-year-olds. A follow-up study finds that Low-income African American and Latino families, including children with high exposure levels to chlorpyrifos have changed farmworker families, continue to be at the highest risk of brain anatomy. Changes in brain structure attributable to injury, and this disproportionate impact creates an ongoing low-dose chlorpyrifos exposure correlate with reduced IQ. environmental justice issue.

Additional data from CCCEH was rigorously reviewed by EPA scientists, who concurred that children exposed to high levels Exposure is documented of chlorpyrifos had mental development delays, attention For farmworkers and their families, the threats from chlorpyrifos problems, attention-deficit/hyperactivity disorder problems, exposure are dire. Farmworker families tend to live in com- and pervasive developmental disorder problems. The results munities adjacent to treated fields, and within the buffer zones of these cohort studies have consistently found that depressed of many agricultural fields. Farmworker studies routinely show cognitive development, birth weights, and other neurodevel- high exposure injury and disease from pesticide drift in these

www.BeyondPesticides.org winter 2017–2018 • Pesticides and You 17 a court-ordered deadline for EPA to respond to a petition filed by Pesticide Action Network North America and the Natural Resources Defense Council a decade prior. That lawsuit called on the agency to ban all uses of the insecticide in light of the scientific evidence. Despite several assessments showing unacceptable risks, EPA made continued attempts to mitigate exposures by banning the residential use of chlorpyrifos in 2000, and imposing no-spray buffer zones in 2012 around public spaces, including recreational areas, schools, and homes, to reduce bystander exposure risks or, in the words of EPA, ensure that “any chlorpyrifos exposure outside the application site will not reach harmful levels.” Thus, the decision to revoke tolerances resulted from an agency assessment that it could not meet “acceptable” risk criteria with additional mitigation measures, given the overwhelming data showing elevated risks to human health. EPA’s assessments have repeatedly found ‘significant risks’ to children, farmworkers, © Shutterstock/Rudy Umans and drinking water as a result of the chemical’s normal agricultural use. communities. Drift incidents with chlorpyrifos in California after field applications have been documented, including cas- The unacceptable risk finding is based on the aggregate es that required medical attention. Air monitoring data in the exposure assessment required by a provision in Federal Food, state reveal that chlorpyrifos residues are pervasive with levels Drug, and Cosmetic Act (FFDCA), adopted in the Food Quality more than 18 times higher than federal levels of concern. Protection Act of 1996, which requires that regulators deter- Because residues move from outside to inside homes, indoor mine dietary (i.e., food and water) and non-dietary (e.g., drift) residues of chlorpyrifos have been detected in relatively high exposure effects in combination, but explicitly not including concentrations, and farmworkers have been found to have occupational exposure. FFDCA requires the agency to con- multiple detections of pesticides in their urine, with chlorpyrifos sider all sources of exposure, except occupational, to the food detected in 44 percent of samples. Residues are also found use pesticide under review. EPA’s risk assessment concludes on workers’ clothing and on hard surfaces, such as portable that no level of exposure from drinking water is acceptable toilets used by the workers in the field—demonstrating because both dietary risks from food exposure alone and direct and indirect exposures. residential exposure alone exceed levels of concern. Pregnant women in these communities are especially at In 2016, EPA convened a Scientific Advisory Panel (SAP) meet- risk. Research from a University of California, Davis study, ing to discuss its proposed revocation of tolerances. Overall, Childhood Autism Risks from Genetics and the Environment the SAP agreed with the conclusions of the CCCEH study— (CHARGE), finds that pregnant women who live within a mile that there is an association between prenatal chlorpyrifos of agricultural fields treated with insecticides like chlorpyrifos exposure and neurodevelopmental outcomes in children. are more likely to have a child develop autism. For women Following the SAP meeting, EPA released an updated human who live less than one mile from crops sprayed with OP insec- health assessment that stated, “[The] revised analyses do ticides during their pregnancy, the chance of a child being diagnosed with autism increases by 60%. Women in the second trimester living near chlorpyrifos-treated fields are 3.3 times more likely to have their children diagnosed with autism. The UC Berkeley Center for the Health Assessment In March 2017, under extreme political of Mothers and Children of Salinas (CHAMACOS) study team evaluating OP effects in women and children in the Salinas pressure orchestrated by industry Valley, CA finds that every 522 pounds of combined organophosphate pesticide applications within one kilometer of a groups, the agency disregarded the pregnant woman’s home correlates with a two point IQ loss in her children at seven years of age. conclusions of its scientists and risk

EPA’s regulatory record establishes assessors, put aside its proposal, exceeded risk criteria In 2015, EPA announced it would revoke all food tolerances and called for further study. for chlorpyrifos. This announcement came on the day of

18 Pesticides and You • winter 2017–2018 www.BeyondPesticides.org How are you exposed not result in a change to the EPA’s proposal to revoke all to chlorpyrifos? tolerances but it does modify the methods and risk assessment used to support that finding in accordance with the Food: Chlorpyrifos is used to treat insect pests on a range advice of the SAP.” EPA concludes that there is “sufficient of food commodities, and residues can remain in soil and evidence that there are neurodevelopmental effects occur- on crops. Almonds, cotton, citrus, grapes, corn, broccoli, ring at chlorpyrifos exposure levels below that required for sugar beets, peaches, and nectarines receive the highest AChE inhibition,” and EPA’s current approach for evaluating application of chlorpyrifos. It is also used on soybeans, chlorpyrifos’s neurological impact is “not sufficiently health Brussel sprouts, cranberries, and broccoli. Non-agricultural protective.” uses include golf courses, turf, greenhouses, wood treat- ments, such as utility poles and fence posts, and area-wide From a scientific perspective, the data and risk assessment mosquito adulticiding for public health reasons. There are that EPA generated on chlorpyrifos resulted in a finding that some cockroach and ant products used in secured baits. does not meet the health standards set forth in FFDCA. EPA was clear in its 2016 revised assessment that “risk from the Water: Chlorpyrifos drift contaminates surface water, in- potential aggregate exposure does not meet the FFDCA safety cluding sources of drinking water. The breakdown product standard.” of chlorpyrifos, chlorpyrifos-oxon, persists in water and even through water treatment. It can remain in drinking Based on its scientific assessment, and in accordance with water for at least 72 hours. EPA has determined that there the standards set forth in food safety law, EPA moved ahead is potential exposure risk from chlorpyrifos and chlorpyri- with a proposal to revoke food tolerances. However, in March fos-oxon in finished drinking water. 2017, under extreme political pressure orchestrated by industry groups, the agency disregarded the conclusions of Air: Residues of chlorpyrifos have been detected in indoor its scientists and risk assessors, put aside its proposal, and air, including child care centers. Air monitoring reports called for further study. News reports cite a meeting between have found chlorpyrifos at levels exceeding federal guide- Administrator Pruitt and CEO Andrew Liveris of Dow Chemi- lines. Vapors of chlorpyrifos from treated fields can cause cal, maker of chlorpyrifos, only weeks before reversing the adverse effects, especially to those nearby. In 2012, the agency’s decision on chlorpyrifos. agency proposed new rules to reduce bystander exposure to chlorpyrifos drift from agricultural fields, including the What Now? use of buffer zones for vulnerable areas, such as residen- Now that EPA will continue chlorpyrifos use, at least until tial areas, schools, hospitals, but drift from these sites 2022 when the agency revisits the chemical, attention is still occurs, putting people at risk. turning to legislation in Congress and the states. (See box on p.16.) The data sets cited in this piece and others accumulated over years of study support a need to protect children from chlorpyrifos. Disregarding this wealth of research runs Now is the time to act! counter to the public health and environmental protection There are actions you can take mission of EPA. to help stop chlorpyrifos use. • Urge your elected state officials to support efforts to In June 2017, several farmworker and environmental groups stop the use of this highly toxic chemical in your state. filed an administrative appeal seeking to reverse Mr. Pruitt’s • Call your U.S. Senators and U.S. Representative decision. The appeal, which was unsuccessful, challenged and ask them to co-sponsor S.1624 and H.R. 3380, EPA’s action that allows chlorpyrifos to continue to be used on respectively, to ban chlorpyrifos. food crops. At the same time, attorneys general from Califor- • Tell EPA that its decision to reverse a chlorpyrifos ban nia, Massachusetts, Maine, Maryland, New York, Washington, is dangerous to children’s health. and Vermont filed a legal objection to the order, calling for its • Use your purchasing power. Support organic agriculture, reversal and a revocation of all tolerances. The state of Cali- which does not use chlorpyrifos in food production. fornia’s Office of Environmental Health Hazard Assessment • Get involved: educate your neighbors, family and friends has listed chlorpyrifos as a chemical known to cause cancer, about the dangers of this and other neurotoxic pesticides. birth defects and reproductive harm under its Proposition 65 law, which will trigger statewide warnings on product labels For more information, see Beyond Pesticides’ chlorpyrifos on December 15, 2018. Allan Hirsch, chief deputy director of page at bp-dc.org/chlorpyrifos. For a cited version of this the office, said, “The [Prop 65] panel was able to look at [the] article, see bp-dc.org/chlorpyrifosban. studies, and they felt that all of the information from these studies taken together clearly showed that exposure to Nichelle Harriott, Terry Shistar, PhD, and Jay Feldman chlorpyrifos can harm the development of a child.” contributed to this piece.

www.BeyondPesticides.org winter 2017–2018 • Pesticides and You 19 President Trump gives pen to Dow Chemical CEO after signing executive order to eliminate regulations.

Where Has All the EPA Enforcement Gone? Lax and no enforcement actions pervasive

ithout enforcement of the regulations gov- How the Trump administration compares erning standards and use of toxic chemicals, The New York Times analysis of the Trump administration’s the laws become unprotective and meaning- record on enforcement of environmental regulations, released less. Although the Environmental Protection in December, 2017, reviews a 266-day period during each of Agency’s (EPA) enforcement activities have the Trump, Obama, and G.W. Bush administrations, in order variedW from administration to administration and have been to compare the records. The review looks at both judicial and influenced by the “revolving door” phenomenon—with high- administrative cases initiated by EPA in an effort to remedy level employees rotating from positions in EPA to those in violations of environmental regulations. Data from this analy- industry and back again—an unprecedented enforcement slow- sis of enforcement substantiate a more permissive approach down has been documented in the Trump administration. in the current administration toward polluters, as compared with that of the prior two administrations, says the Times, When EPA was created in 1970, it was handed a wide range and enforcement actions have been fewer and smaller than of responsibilities to protect human health and the environment those during those two previous administrations. under a range of congressional mandates. Its programs include the responsibility to implement and enforce require- Injunctive relief actions have declined under the Trump ments in the Clean Air Act, Clean Water Act, Federal Insecticide, administration, which has demanded approximately $1.2 Fungicide, and Rodenticide Act (FIFRA), Resource Conservation billion in such remedies—12% of what was sought under and Recovery Act, Toxic Substances Control Act, and others, the Obama administration, and 48% of that under President including partial responsibility for the Endangered Species Bush. EPA has stated that it remains committed to ensuring Act. These laws provide EPA with a number of tools—ranging that companies obey environmental laws and regulations, from public disclosure, registration or licensing, to fines and adding that it focuses on “EPA and states work[ing] together injunctive relief in civil judicial enforcement cases. Historically, to find violators and bring them back into compliance and the EPA’s authority provides a set of sizable “enforcement to punish intentional polluters.” The Times reports that Mr. sticks” with which to ensure compliance with environmental Pruitt has said that the Trump administration’s high-profile statutes. The New York Times recently investigated what many regulatory rollback “‘does not mean a free pass for violators in the science, environment, public health, and advocacy of environmental laws.’ But as the Trump administration worlds perceive as a sea change, with the advent of the moves from one attention-grabbing headline to the next, Trump administration and EPA Administrator Scott Pruitt’s it has taken a significant but less-noticed turn in the approach to the agency’s mission. enforcement of federal pollution laws.”

20 Pesticides and You • winter 2017–2018 www.BeyondPesticides.org The top regulator’s close relationship major policy changes ordered by Mr. Pruitt’s team after with the regulated pleas from oil and gas industry executives. . . . After this Scott Pruitt’s early 2017 confirmation as EPA Administrator set [Times] article was posted, EPA issued a statement criticizing off alarm bells in the advocacy community. Prior to becoming the report, and saying that ‘Administrator Scott Pruitt is com- Administrator, he was the Attorney General of Oklahoma mitted to enforcement,’ and that ‘there is no reduction in EPA’s and was infamous for suing EPA on behalf of industry inter- commitment to ensure compliance with our nation’s environ- ests under (thinly) veiled claims of the state’s interests. As the mental laws.” Yet, according to confidential EPA documents, Environmental Integrity Project notes, “The record shows that the agency plans to “stand down” on some pollution cases, Pruitt has been a virtual lobbyist for the state’s oil and gas and there is a national “handoff” of many enforcement duties companies, the agricultural industry, and other business groups. to agencies in the states. Administrator Pruitt has called this He also has a history of fighting federal action on environ- “cooperative federalism;” critics call it an industry-friendly mental issues, cutting back on state enforcement, denying gesture to look the other way on polluters. the reality of climate change, and trying to block clean water regulations. [He] built a national reputation, including as More than a dozen current and former EPA officials told the Chairman of the Republican Attorneys General Association, Times that the slowdown in enforcement is real on the ground for suing EPA a dozen times in a politically charged campaign and is coming from the top. Agency employees in the Chicago to try to scale back the power of the federal agency.” office—typically a very busy regional office because it over- sees industry in Rust Belt states—told the paper that it has become hard even to start a new investigation. The Times reports that on May 31 of 2017 EPA employees nationally EPA Administrator Scott Pruitt built received an email memo from Susan Shinkman, the director a national reputation for suing EPA a of civil enforcement at EPA and one of Mr. Pruitt’s top deputies. It directed agency investigators to get permission “before dozen times in a politically charged asking companies to track their emissions with instruments that determine the type and amount of pollutants being campaign to try to scale back the released at their plants.”

power of the federal agency. The memo also told investigators that they need special authorization for such testing if the state objected to it, or if they did not already have evidence of a high likelihood New York Magazine’s Daily Intelligencer reviewed Mr. Pruitt’s of violation of pollution laws. “The scope was far-reaching, schedule during his first four months in office and discovered applying to possible violations of the Clean Air Act, the Clean through a records request by the nonprofit American Oversight that Mr. Pruitt spends most of his time meeting with industry lobbyists and executives, and only rarely meets with environmental, public health, or consumer groups. From April through Enforcement Options early September of 2017 he had met with science or environmental groups five times, CNN reported. PA’s enforcement options are judicial or adminis- Etrative. Judicial cases involve the Department of When critics have spoken out about EPA’s seeming uber- Justice (DOJ) pursuing legal action against a polluter friendliness to business interests, the agency response has on behalf of EPA, and can result in significant fines been that EPA had become, under prior administrations, “the and stop use orders—effecting changes to ensure poster child for regulatory overreach, and that Mr. Pruitt is no further violations will occur. Administrative cases now trying to “even the playing field” by meeting with those do not involve DOJ but can be heard by an adminis- entities (read “industry”) that had been “ignored” by the trative law judge, resulting in fines and injunctive relief. Obama administration. In its October 2017 article, “Scott One of EPA’s most effective options is enforcement Pruitt’s Environmental Protection Agency Doesn’t Give a Sin- actions to force companies to reconfigure or retrofit gle Damn About the Environment,” GQ magazine notes that, how they operate in order to curb pollution and meet “The EPA is, at its core, an organization designed to check a existing regulatory standards. Most enforcement actions free market that, absent regulation, would have no incentive initiated by EPA are for the assessment of civil penalties. to consider the environmental implications of its business Matters may be resolved through alternative dispute decisions.” resolution, with the administrative law judge serving as a mediator. In fact, the threat of litigation is a The Times article notes that “confidential internal EPA docu- powerful tool to elicit compliance with the law. ments show that the enforcement slowdown coincides with

www.BeyondPesticides.org winter 2017–2018 • Pesticides and You 21 Water Act and federal laws regulating hazardous waste potentially existential threat to petroleum companies’ ability plants,” notes the Times. It functionally disarmed investigators to do business. The Administrator wrote back, saying that of, arguably, their most important tool for snagging polluters. EPA would “develop best practices for judicious use of the As the Times article reports, “Jeff Trevino, a lawyer in the requests,” and would “hand off” the bulk of enforcement Chicago office, who has worked for the agency for 27 years, functions regarding air pollution regulations to the state. said the new hurdles imposed by Mr. Pruitt had created ‘a Catch-22’ because, with new policies effectively discouraging This response in North Dakota was seen by critics as part requests for information, investigators will have a harder time of an effort by the EPA to give states more say in how to treat getting the data needed to detect and confirm violations.” It is polluters—a bellwether of the “new” EPA’s intent to limit— worth noting that investigators’ ability to order such tests has or abandon — some of its enforcement functions. This defer- been a particular irritant for the fossil fuel industry. ence to “state authority” can be interpreted as a reduction in enforcement, given the antipathy some states, such as North In the past couple of years, the Denver and Chicago offices Dakota, tend to have for pollution regulations, coupled with had issued a series of requests for information on petrochem- the Trump administration’s reduction in federal grants that ical industry sites in the Midwest because of significant concerns help fund state and local enforcement of regulations. about airborne particulate pollution, and adverse impacts of escaping air pollutants (such as benzene and methane) on EPA employees are demoralized health and climate. Late in the tenure of the Obama adminis- The enforcement “slowdown” has been exacerbated by both tration, companies ratcheted up their complaints about the an exodus of more than 700 EPA employees since the 2016 testing, and Koch Carbon (a Koch Industries subsidiary) chal- Presidential election—many of them through “buyouts” lenged EPA’s authority to require such testing. Conservative designed to reduce the agency’s workforce—and ongoing U.S. Senator James Inhofe (R-OK), chair of the Senate Envi- high-level vacancies, which are intentionally being left ronment and Public Works Committee, and other Republicans unfilled. A case in point: the EPA top enforcement officer, got behind the challenge to EPA, holding public hearings and Assistant Administrator for the Office of Enforcement and calling out the testing as a sideways maneuver to cut green- Compliance Assurance Susan Bodine, was confirmed on house gas emissions. Dec. 7—10.5 months into the current administration’s tenure.

Once Mr. Pruitt was made EPA Administrator, the complaints This “new paradigm” at EPA has career employees, and fell on more-receptive, ears: “Ms. Shinkman, in an interview, especially those in regional offices who have deep knowledge said she was instructed to write the new policy memo after Mr. of local and regional circumstances and issues, reportedly Pruitt received letters of complaint from oil industry executives feeling demoralized and stymied. A former regional director of in North Dakota and Colorado.” The North Dakota Petroleum air and radiation in the Chicago regional EPA office, George Council, for example, sent a letter to Administrator Pruitt Czerniak, said to the Times, “‘People at the agency are just on March 31, calling the testing costly, burdensome, and a being cautious, almost to the point of paralysis. They do not © Eric McGregor/Pacific Press/Alamy Live News

22 Pesticides and You • winter 2017–2018 www.BeyondPesticides.org want to do anything for fear of being told they have done something wrong—something the new administrator won’t like.’” The rollback and slowdown of regulatory “‘Certain people who are polluting are doing it with impunity activity at the EPA affects all regulated right now and I think it is horrible,’ said Nicole Cantello, an EPA lawyer in the Chicago office, who has worked at the sectors, including pesticide use. Scott agency for 26 years.” [Note: EPA employees quoted in the Times article spoke as union members, and not as employees; Pruitt, EPA Administrator, met privately EPA did not authorize employees to speak.] A Bush administration lawyer who was assistant administrator for EPA’s en- with Dow Chemical’s CEO several forcement office, Granta Nakayama, said, “’If you’re not filing cases, the cop’s not on the beat. . . . Or has the cop been weeks before reversing EPA’s tentative taken off the beat?’” Cynthia Giles, former assistant administrator for the enforcement office during the Obama admin- decision to ban chlorpyrifos. istration, said, “‘The Pruitt EPA is cratering on the enforcement work that matters most: holding the biggest polluters accountable.’” neurodevelopmental effects even at levels below the agency’s level of concern, and that current approaches for evaluating The Times also reports, “Paul Calamita, who represents cities chlorpyrifos’ neurological impact is “not sufficiently health accused of violating the Clean Water Act when they release protective.” sewage and contaminated storm water into rivers and lakes, recommends that clients team up with state governments to In November, the administration filed a request with a federal push back against the EPA. . . . Under President Trump, Mr. judge, seeking a two-year delay of a looming deadline related Calamita said, the EPA and the Department of Justice have to a determination of whether a family of commonly used been willing to compromise, withdrawing a six-figure penalty pesticides is harmful to endangered species. Under a 2014 in one instance after refusing to do so in two previous rounds legal agreement, the National Marine Fisheries Service was of negotiations during the Obama administration. . . . ‘States required to issue findings on the pesticides—chlorpyrifos, with new Republican governors are following the Trump diazinon, and malathion—by the end of 2017. Beyond Pesti- approach—providing compliance assistance at the outset cides and other environmental and health advocacy groups to avoid enforcement where the discharger is cooperative,’ have battled for years to get the federal government to he said in a presentation to utility executives from around evaluate more comprehensively the risks to humans and the United States. ‘A state that pushes back on EPA is likely endangered species of organophosphate pesticides. Federal to be successful.’” scientists had compiled a record of 10,000-plus pages demonstrating that the three organophosphates pose risks to EPA befriends pesticide manufacturers nearly every endangered species studied. Prior to the 2016 The rollback and slowdown of regulatory activity at EPA affects election, regulators had expected to issue new limits on the all regulated sectors, including pesticide use. Mr. Pruitt met use of the pesticides. “It’s appallingly clear that the pesticide privately with Dow Chemical’s CEO, Andrew Liveris, several industry is now essentially running Trump’s EPA,’ said Lori weeks before reversing EPA’s tentative decision to ban chlor- Ann Burd, environmental health director at the Center for pyrifos. A copy of Mr. Pruitt’s schedule reveals he met with Biological Diversity. “Rather than following the science and Mr. Liveris on March 9 at a Houston hotel and “twenty days the law, the agency is turning its back on endangered later Pruitt announced his decision to deny a petition to ban species across the country,” Ms. Bard said. Dow’s chlorpyrifos pesticide from being sprayed on food.” Of note is Dow Chemical’s contribution of $1 million dollars Conclusion to President Trump’s inauguration celebration. The perennial Goliath faced by entities working to protect public health and the environment—corporate influence on EPA’s own chlorpyrifos risk assessment, which incorporates federal and state decision makers—appears to have been recommendations from a 2016 Scientific Advisory Panel strengthened with less pressure coming from compliance (SAP), finds that children exposed to high levels of chlorpyrifos and enforcement actions. The likelihood of getting caught have brain damage, attention problems, attention-deficit/ and being fined for a violation has historically contributed hyperactivity disorder problems, and pervasive developmental to a general industry resolve to comply with regulations. The disorders. The SAP agreed with EPA that there is an association weakened workforce engaged in enforcement means that between chlorpyrifos prenatal exposure and neurodevelop- the threat to public health and the environment grows. mental outcomes in children. After the 2016 review, EPA concluded that there is “sufficient evidence” that there are Debra Simes and Terry Shistar, PhD contributed to this article.

www.BeyondPesticides.org winter 2017–2018 • Pesticides and You 23 resource Reviewed by Terry Shistar, PhD

A Precautionary Tale How One Small Town Banned Pesticides, Preserved Its Food Heritage, and Inspired a Movement

By Philip Ackerman-Leist dithiocarbamates—carried by strong winds blowing up the Published by Chelsea Green valley and being found in hay, honey, and food, as well as Publishing, White River in the schoolyard. As they learned more, they became even Junction, Vermont more concerned about the combinations of chemicals, including 2017, 256 pages so-called “inert,” or undisclosed secret, ingredients designed to make the active ingredients more potent. They were con- hile the conflict over cerned about their livelihoods, since the organic certification pesticide drift is a major of some farms had been revoked. They were concerned about Wtheme in this book, and their health. They cared about the impact of pesticide drift on the pesticide ban is the climax of the tourist industry. And they were also troubled by the impact the story, this is primarily a tale of the chemical-dependent monoculture on the culture of Mals. about a place called Mals, the The culture of Mals is not only diverse in its agriculture, people who inhabit it, their rela- but is also diverse in language and food traditions. It was pur- tionships and values. Even though suing a goal of becoming a sustainable community through the title of this book includes the changes in transportation, energy development, and ecotour- word “town,” this book is actually ism. Many in Mals felt threatened not only by pesticide drift, about a “comune,” a unit of government that may contain but also by the intrusion of monoculture in the form of Big several subunits. Mals, the subject of this book, is over 93 Apple, or industrialized apple production. square miles in area and encompasses ten villages and ham- All these concerns brought the community together for a lets, as well as farmland, providing homes to 5,092 people. united purpose. That goal was realized with the passage of a Mals is located 3,445 feet above sea level in the province ban on pesticides in Mals, which required multiple strategies of South Tyrol in the Upper Vinschgau Valley, at the intersection and actions. The advocates for a ban won, but you’ll have of Italy, Austria, and Switzerland. Although it is now considered to read the book to find out why. As one person said, it was part of Italy, 97% of the population speaks German as a first a tussle. Above all, the advocates stressed the importance language. Glaciers immediately above the Vinschgau Valley of a positive vision for Mals, even as they proposed a ballot rise to almost 13,000 feet above sea level. measure focusing on the dangers of pesticides. The ballot Mals and the Upper Vinschgau Valley have traditionally measure passed with 75% of the vote, with 69% of the elec- been home to a diverse agriculture, including dairy cattle, torate voting. The referendum was then put into law by action ancient and modern grains, fruits, and vegetables. Until of the Mals Municipal Council and survived a legal challenge recently, it was not possible to grow apples on a commercial that struck down the referendum, but not the ordinance scale there, but global climate change has made the climate passed by the Council. more conducive to commercial apple production. “Big Apple” Read A Precautionary Tale for the details and for a won- —large-scale chemical-intensive apple production—has been derful portrait of Mals and its inhabitants. Their stories inspire marching up the valley, replacing the diverse small farms with the action taking place across the U.S. as communities come large apple monocultures. These large monocultures spray together to adopt ordinances to ban toxic pesticides and their apple trees 20–30 times per year. adopt organic land and landscape management policies Citizens of Mals were deeply concerned when they learned and practices. about the toxic chemicals—such as chlorpyrifos, captan, and

The people in Mals were concerned about their livelihoods. They were concerned about their health, they cared about the impact of pesticide drift on the tourist industry, and they were troubled by the impact of the chemical- dependent monoculture on their culture.

24 Pesticides and You • winter 2017–2018 www.BeyondPesticides.org Beyond Pesticides’ unique source of alternatives practices and ™ products to pesticides—for managing insects, weeds, and rodents manageSafe effectively without exposing your family to harmful toxic chemicals. © Thinkstock/Illya Villogradov

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BEYOND PESTICIDES

Organic Neighborhoods © iStockphotos/bowdenimages For Healthy Children, Families, and Ecology Bringing together science, policy, and advocacy to protect health and the environment with the adoption of sustainable and organic practices. Defining the pesticide problem with the latest science. Advancing the solution with practical tools for change. The 36th National Pesticide Forum | April 13–14, 2018 | Irvine, California

Featuring the following speakers, and more: Carey Gillam, investigative reporter and author, Whitewash: John Bohert and Scott Eldredge, Eldredge Lumber and Hardware, The Story of a Weed Killer, Cancer, and the Corruption of Science. converting an ACE hardware store to organic compatible products. Johnny Gonzales, ELM (Environmental Land Management) managed goat Routt Reigart, MD, professor emeritus of pediatrics, Medical University grazing for invasives and fire mitigation throughout Southern California. of South Carolina, one of the nation’s top pediatric experts on pesticides, author of Recognition and Management of Pesticide Poisoning. Scott P. Carroll, PhD, biologist, Institute for Contemporary Evolution, UC Davis, advocates conservation biology for invasive plant management. Bruce Blumberg, PhD, professor of developmental and cell biology at UC Irvine’s School of Biological Sciences, studying epigenetic pesticide effects. Tyrone Hayes, PhD, professor of integrative biology at UC Berkeley, and groundbreaking researcher on endocrine disruptors. Dean Baker, MD, MPH, former director, Center for Occupational and Environmental Health, and professor of medicine, epidemiology, and Meg Sears, PhD, an Ottawa-based scientist, and chair, Prevent Cancer Now. public health, UC Irvine. James Neih, PhD, professor of biological sciences at UC San Diego, Kim Konte, board member, Non Toxic Irvine, spearheading Irvine focusing on bee communication, cognition, and health, as well as the ordinance transitioning city to organic land management. effects of neonicotinoid pesticides on honey bee behavior. Jay Feldman, executive director, Beyond Pesticides, supporting advocacy Chip Osborne, president, Osborne Organics, organic turfgrass and landscape for federal, state, and local policies and practices. expert, successfully implements organic land management nationwide. City of Irvine officials transitioning the community to organic land Warren Porter, PhD, professor of zoology and environmental toxicology management. at the University of Wisconsin–Madison, researching pesticides and genetically engineered organisms.

To register for the Forum and for discounted hotel information, go to bp-dc.org/organicneigborhoods or 202.543.5450