June, 16 2011, 01:01pm EDT
For Immediate Release
Contact:
Heather Pilatic, Pesticide Action Network, (415) 694-8596
Jeff Miller, Center for Biological Diversity, (415) 669-7357
Alliance Calls for Stronger Measures to Protect Human Health, Wildlife From Dangerous Pesticides
WASHINGTON
More than 130 groups in 35 states, representing public health, food-security, sustainable-farming, farmworker and conservation interests called on the Environmental Protection Agency today to use all the tools at its disposal to protect public health and imperiled wildlife from harmful pesticides. The letter to the EPA, citing significant flaws in the pesticide registration process, comes as Congress considers legislation to weaken environmental protections and allow increased pesticide pollution.
"Pesticides pose a clear and preventable danger to our health and the environment. It's time for the EPA to ensure pesticides no longer jeopardize human health, wildlife, the water we drink or the air we breathe," said Jeff Miller, a conservation advocate with the Center for Biological Diversity. "Congress must do its part by stopping legislation sponsored by chemical corporations and their allies to strip important laws that safeguard future generations, farmworkers and wildlife from pesticide harms."
The groups cite undue pesticide industry influence over EPA's pesticide decisions under the Federal Insecticide Fungicide Rodenticide Act (FIFRA)--as well as documented pesticide impacts such as endocrine disruption, cancers and reproductive disorders for humans and wildlife--in requesting increased protections from harmful pesticide use. Specifically, the groups urge EPA to use the "rigorous scientific review process and strong legal protections" of the federal Endangered Species Act.
"The pesticide industry has subverted the intended protections of U.S. pesticide law under FIFRA. That law is broken. If enforced, the Endangered Species Act offers strong protections for our most endangered wildlife, with human health benefits because it requires a more rigorous scientific review process less susceptible to industry influence," said Heather Pilatic, co-director of Pesticide Action Network North America. "Current independent science indicates that the low-level mixtures of pesticides to which we are all exposed contribute to children's rising rates of neurodevelopmental disease and certain cancers, and impact the biodiversity that keeps our planet resilient."
Pesticide use in the United States is regulated primarily under FIFRA, a 1947 labeling law that was last significantly updated 40 years ago and has been subject to major pesticide industry and farm-lobby influence. The Endangered Species Act is a stronger statute that requires formal consultation with federal wildlife agencies to assess pesticide impacts and develop measures to avoid harm to endangered species. The EPA has completed very few of these consultations. The Clean Water Act also regulates pesticide pollution by requiring federal permits for discharges of contaminants that enter waterways, including pesticides. A bill currently under consideration in the Senate, however, would exempt pesticides from the Clean Water Act.
In January, the Center for Biological Diversity and Pesticide Action Network North America filed the most comprehensive legal action ever brought under the Endangered Species Act to protect imperiled wildlife from pesticides. The suit seeks to compel the EPA to evaluate the impacts of hundreds of the most dangerous pesticides known to be harmful to more than 200 endangered and threatened species. The process would yield common-sense restrictions on some of the most harmful pesticides and safeguard human health (including for farmworkers and their families), drinking water and wildlife. Tellingly, Crop Life America, the pesticide industry's main trade group, has stated that defeating this lawsuit is one of its top three lobbying priorities.
"Lobbying by pesticide interests to exempt pesticides from our strongest environmental laws will have cascading effects for generations," said Pilatic. "Hundreds of groups have come together to call for more -- not less -- protection from pesticides."
Background
More than a billion pounds of pesticides are used annually in the United States, and the EPA has registered more than 18,000 different pesticides for use. Scientific studies show widespread and pervasive pesticide contamination in groundwater, drinking water and wildlife habitats throughout the country. Farmers, farmworkers and their families, and rural communities face higher rates of Parkinson's disease, many cancers, autoimmune disorders, neurodevelopmental problems and a host of other pesticide-linked diseases.
Through pesticide drift and runoff, pesticides can travel far from the areas where they are applied and into sensitive wildlife habitats. Some contaminated waterways are regularly subjected to toxic pulses of combinations of pesticides deadly to fish and other life. Pesticides are a particular threat to endangered species, biological diversity and pollinating insects and bats.
For decades the EPA has consistently failed to engage in required consultations to properly evaluate whether pesticides it registers are harmful to imperiled species. In 2004 the Center published Silent Spring Revisited: Pesticide Use and Endangered Species, detailing the EPA's dismal record in protecting endangered species from pesticides. Lawsuits by conservation groups have forced the EPA to assess pesticide impacts on some endangered species, primarily in California, and resulted in temporary restrictions on pesticide use in sensitive habitats. In complying with court-ordered evaluations, the EPA has concurred that nearly every pesticide at issue is "likely to adversely affect" the at-risk species.
An example of the EPA failure to protect people and the environment is the controversial re-registration of the dangerous herbicide atrazine, a widespread pollutant of groundwater and drinking water that has been banned in the European Union. Atrazine chemically castrates male frogs at extremely low concentrations. Recent research also links atrazine to birth defects and endocrine disruption in humans, as well as significant harm to wildlife.
See an interactive map of endangered species threatened by pesticide use
Find out more about the Center's Pesticides Reduction campaign
Read information from PANNA on the environmental impacts of persistent poisons
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
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'Seismic Win for Workers': FTC Bans Noncompete Clauses
Advocates praised the FTC "for taking a strong stance against this egregious use of corporate power, thereby empowering workers to switch jobs and launch new ventures, and unlocking billions of dollars in worker earnings."
Apr 23, 2024
U.S. workers' rights advocates and groups celebrated on Tuesday after the Federal Trade Commission voted 3-2 along party lines to approve a ban on most noncompete clauses, which Democratic FTC Chair Lina Khansaid "keep wages low, suppress new ideas, and rob the American economy of dynamism."
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As Economic Policy Institute (EPI) president Heidi Shierholz explained, "Noncompete agreements are employment provisions that ban workers at one company from working for, or starting, a competing business within a certain period of time after leaving a job."
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The U.S. Chamber of Commerce has suggested it plans to file a lawsuit that, as The American Prospectdetailed, "could more broadly threaten the rulemaking authority the FTC cited when proposing to ban noncompetes."
Already, the tax services and software provider Ryan has already filed a challenge in federal in Texas.
Still, the Democratic commissioners' vote was still heralded as a "seismic win for workers." Echoing Khan's critiques of such noncompetes, Public Citizen executive vice president Lisa Gilbert declared that such clauses "inflict devastating harms on tens of millions of workers across the economy."
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Morgan Harper, director of policy and advocacy at the American Economic Liberties Project, praised the FTC for "listening to the comments of thousands of entrepreneurs and workers of all income levels across industries" and finalizing a rule that "is a clear-cut win."
Demand Progress' Emily Peterson-Cassin similarly commended the commission "for taking a strong stance against this egregious use of corporate power, thereby empowering workers to switch jobs and launch new ventures, and unlocking billions of dollars in worker earnings."
While such agreements are common across various industries, Teófilo Reyes, chief of staff at the Restaurant Opportunities Centers United, said that "many restaurant workers have been stuck at their job, earning as low as $2.13 per hour, because of the noncompete clause that they agreed to have in their contract."
"They didn't know that it would affect their wages and livelihood," Reyes stressed. "Most workers cannot negotiate their way out of a noncompete clause because noncompetes are buried in the fine print of employment contracts. A full third of noncompete clauses are presented after a worker has accepted a job."
Student Borrower Protection Center (SBPC) executive director Mike Pierce pointed out that the FTC on Tuesday "recognized the harmful role debt plays in the workplace, including the growing use of training repayment agreement provisions, or TRAPs, and took action to outlaw TRAPs and all other employer-driven debt that serve the same functions as noncompete agreements."
Sandeep Vaheesan, legal director at Open Markets Institute, highlighted that the addition came after his group, SBPC, and others submitted comments on the "significant gap" in the commission's initial January 2023 proposal, and also welcomed that "the final rule prohibits both conventional noncompete clauses and newfangled versions like TRAPs."
Jonathan Harris, a Loyola Marymount University law professor and SBPC senior fellow, said that "by also banning functional noncompetes, the rule stays one step ahead of employers who use 'stay-or-pay' contracts as workarounds to existing restrictions on traditional noncompetes. The FTC has decided to try to avoid a game of whack-a-mole with employers and their creative attorneys, which worker advocates will applaud."
Among those applauding was Jean Ross, president of National Nurses United, who said that "the new FTC rule will limit the ability of employers to use debt to lock nurses into unsafe jobs and will protect their role as patient advocates."
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One plaintiffs' attorney said the ruling "makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society."
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Democracy defenders on Tuesday hailed a ruling from a U.S. federal judge striking down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction.
In Monday's decision, U.S. District Judge Loretta C. Biggs—an appointee of former Democratic President Barack Obama—sided with the North Carolina A. Philip Randolph Institute and Action NC, who argued that the 1877 law discriminated against Black people.
"The challenged statute was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters," Biggs wrote in her 25-page ruling.
Therefore, according to the judge, the 1877 law violates the U.S. Constitution's equal protection clause.
"We are ecstatic that the court found in our favor and struck down this racially discriminatory law that has been arbitrarily enforced over time," Action NC executive director Pat McCoy said in a statement. "We will now be able to help more people become civically engaged without fear of prosecution for innocent mistakes. Democracy truly won today!"
Voting rights tracker Democracy Docket noted that Monday's ruling "does not have any bearing on North Carolina's strict felony disenfranchisement law, which denies the right to vote for those with felony convictions who remain on probation, parole, or a suspended sentence—often leaving individuals without voting rights for many years after release from incarceration."
However, Mitchell Brown, an attorney for one of the plaintiffs, said that "Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to reengage in the political process and perform their civic duty."
"It also makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society, specifically Black voters who were the target of this law," Brown added.
North Carolina officials have not said whether they will appeal Biggs' ruling. The state Department of Justice said it was reviewing the decision.
According to Forward Justice—a nonpartisan law, policy, and strategy center dedicated to advancing racial, social, and economic justice in the U.S. South, "Although Black people constitute 21% of the voting-age population in North Carolina, they represent 42% of the people disenfranchised while on probation, parole, or post-release supervision."
The group notes that in 44 North Carolina counties, "the disenfranchisement rate for Black people is more than three times the rate of the white population."
"Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to re-engage in the political process and perform their civic duty."
In what one civil rights leader called "the largest expansion of voting rights in this state since the 1965 Voting Rights Act," a three-judge state court panel voted 2-1 in 2021 to restore voting rights to approximately 55,000 formerly incarcerated felons. The decision made North Carolina the only Southern state to automatically restore former felons' voting rights.
Republican state legislators appealed that ruling to the North Carolina Court of Appeals, which in 2022 granted their request for a stay—but only temporarily, as the court allowed a previous injunction against any felony disenfranchisement based on fees or fines to stand.
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"Democrats are delivering for working people!" declared Rep. Pramila Jayapal as the AFL-CIO noted that GOP ex-President Donald Trump "gutted the rules that required overtime pay for millions of workers."
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Roughly 4.3 million U.S. workers will now be eligible for overtime pay under a new rule finalized Tuesday by President Joe Biden's Labor Department—in stark contrast to his Republican predecessor's rules that severely limited the number of workers who were eligible for required compensation when they worked more than 40 hours per week.
Under the new rule, employers will be required to pay overtime premiums to salaried workers who work more than standard full-time hours if they earn less than $1,128 per week, or about $58,600 per year.
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U.S. Rep. Pramila Jayapal (D-Wash.) noted that the updated rule was "a major piece" of the Executive Action Agenda released by the Congressional Progressive Caucus, which she chairs.
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The Labor Department posted a chart on social media showing how under Trump's policy, only workers who earn less than $688 per week are eligible for required overtime pay. The full rule is set to go into effect in January 2025.
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"It isn't just that Trump's Department of Labor fought overtime pay—it's also that Trump appointed anti-labor judges who are about to block Biden's new rule," he said.
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