August, 14 2019, 12:00am EDT
For Immediate Release
Contact:
George Kimbrell; Center for Food Safety, gkimbrell@centerforfoodsafety.org
Nathan Donley; Center for Biological Diversity, ndonley@biologicaldiversity.org
Farmers, Conservationists Challenge Approval of Monsanto's Crop-damaging Dicamba Pesticide
WASHINGTON
Four public-interest organizations representing farmers and conservationists have made their legal case in a federal lawsuit against the U.S. Environmental Protection Agency and Monsanto. The lawsuit, filed late Tuesday, challenges the approval of a pesticide that was designed to be sprayed on soybeans and cotton crops genetically engineered by Monsanto to tolerate being sprayed with dicamba.
Ignoring warnings of the potential for extensive damage to nearby crops from the drift-prone pesticide, the EPA first approved XtendiMax in late 2016. The groups sued the EPA in 2017, but in November 2018 the EPA renewed the pesticide's approval before the court could issue its verdict, requiring further litigation.
According to researchers who track crop damage, the first two seasons of XtendiMax use were an unprecedented disaster. Just as critics warned, dicamba sprayed on Monsanto's GE soybeans and cotton vaporized and drifted, resulting in damage to millions of acres of crops and wild plants.
"The evidence reveals that government officials -- rather than protecting farmers and the public interest -- have done whatever Monsanto has demanded to keep this pesticide on the market, forgoing the rigorous analysis and data that the law requires," said George Kimbrell, legal director of the Center for Food Safety and counsel in the case. "It's no wonder dicamba has had such devastating consequences: Its approval was illegal."
Across much of the country, dicamba drift was linked to damage to more than 4 million acres of soybeans, as well as scores of vegetable and fruit crops, trees and shrubs. Flowering plants near croplands have also suffered, potentially harming pollinators and hundreds of endangered animal and plant species.
Agronomists reported that they had never seen herbicide-related drift damage approaching this scale before XtendiMax's approval. As the 2019 season now unfolds, experts are already receiving similar reports of widespread crop damage.
"EPA ignored concerns of farmers, caving to Monsanto's pressure and rushing dicamba-resistant seeds to market," said Denise O'Brien, an Iowa farmer and board member of Pesticide Action Network. "EPA has failed utterly to protect farmers from this exploding crisis."
The groups' lawsuit details how the EPA was aware of the pesticide's potential to drift and damage nearby crops but, at the request of Monsanto, approved the pesticide without putting any measures in place to prevent those risks.
The legal papers filed show that when the EPA came under mounting pressure in late 2017, and again in late 2018, to take some action to address the drift problem, the agency adopted revised instructions for the pesticide's use proposed by Monsanto. The EPA ignored agronomists and state experts who correctly predicted the Monsanto-approved measures would not be effective in stopping the drift damage.
"The EPA's foolish approval of dicamba left a deep scar across millions of acres of farms and forests," said Nathan Donley, a senior scientist at the Center for Biological Diversity. "The ill-advised rush to approve this dangerous drift-prone pesticide reflects just how far the EPA has strayed from its duty to protect Americans and wildlife from harmful toxins."
Beyond its failure to protect farmers, the EPA put hundreds of endangered species at greater risk. Despite the agency's own conclusion that the approval might harm an extraordinary number of protected birds, mammals and insects across dozens of states, the EPA refused to seek the guidance of the federal expert wildlife agencies, as the Endangered Species Act requires. Instead, the agency denied that there would be any risk and approved the pesticide without any measures to protect endangered plants and animals.
"The Trump EPA's reckless rush to appease Monsanto has pushed endangered whooping cranes, Karner blue butterflies, rusty patched bumblebees and hundreds of other species closer to extinction," said Stephanie Parent, a senior attorney at the Center for Biological Diversity. "It's disgusting but hardly surprising that Trump's administration can disregard the law and the welfare of farmers and our most endangered plants and animals."
By 2018 the EPA was forced to acknowledge that dicamba was vaporizing and drifting away from the fields where it was applied. In response, the agency added a new buffer requirement around fields being sprayed with the pesticide to increase protection for some endangered plants. But even when instituting these measures, the EPA's political management overruled agency scientists and reduced the size of the buffer they had recommended from 443 feet to only 57 feet.
"Dicamba, an old generation toxic herbicide, was given new life as XtendiMax, due to the failure of Monsanto's Roundup herbicide. Dicamba is still toxic, still highly drift-prone and still damaging to non-target crops. Will the buffer strips on my organic farm be adequate protection from the more volatile drift-prone nature of dicamba? I should not be put in the position to find out," said Jim Goodman, a Wisconsin organic farmer who serves as board president of the National Family Farm Coalition. "In the eyes of EPA regulators, corporate profit is clearly more important than the health and livelihood of farmers and farm workers or damage to the environment."
The organizations bringing the lawsuit are National Family Farm Coalition, Pesticide Action Network, Center for Food Safety, and Center for Biological Diversity, represented jointly by legal counsel from Center for Food Safety and the Center for Biological Diversity.
* * *
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.4 million members and online activists dedicated to the protection of endangered species and wild places.
About CFS: Center for Food Safety's mission is to empower people, support farmers, and protect the earth from the harmful impacts of industrial agriculture. Through groundbreaking legal, scientific, and grassroots action, we protect and promote your right to safe food and the environment. Please join our more than 900,000 advocates across the country at www.centerforfoodsafety.org. Twitter: @CFSTrueFood, @CFS_Press
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.
(520) 623-5252LATEST NEWS
Fury as South Korea's Conservative Party Thwarts Impeachment Vote
"Today, citizens witnessed democracy taking a step backward," said the Korean Confederation of Trade Unions.
Dec 07, 2024
A bid to impeach South Korean President Yoon Suk Yeol over his short-lived imposition of martial law failed Saturday after lawmakers from his conservative party left the National Assembly chamber and refused to take part in the vote.
Supporters of impeachment needed at least eight members of Yoon's People Power Party (PPP) to support removing the president, who apologized to the nation in a one-minute-long address Saturday morning but refused to step down after he briefly instituted martial law in a stated attempt to "eradicate shameful pro-North Korea" forces, plunging the country into a political crisis.
Yoon's gambit sparked immediate and sustained protests and was widely seen as a coup attempt.
Saturday's impeachment effort drew a massive number of people into the streets outside the National Assembly building despite below-freezing temperatures, and demonstrators voiced outrage when they learned that Yoon's allies thwarted the initial attempt to oust him. Just two PPP members returned to the National Assembly chamber to cast a ballot Saturday.
"I am so angry. I can't find the words to describe my frustration," 23-year-old Kim Hyo-lim toldThe New York Times. "I am devastated, but I feel honored to be a part of this historic moment for my country."
Another demonstrator said they intend to protest "every weekend" until Yoon is removed.
(Photo: Daniel Ceng/Anadolu via Getty Images)
Organizers said roughly a million people took part in demonstrations Saturday in support of Yoon's impeachment. Many also demanded his arrest.
The Financial Timesreported following the failed impeachment effort that Yoon—whose term expires in 2027—and PPP leaders "appeared to have reached a deal whereby the president would hand over political direction of the country to his party and agree to stand down at a time of the party's choosing, in return for support in the impeachment vote."
The Korean Confederation of Trade Unions (KCTU), which has over 1.1 million members, called PPP lawmakers who boycotted Saturday's vote "accomplices in treason."
"The People Power Party has turned its back on the people's wishes, effectively admitting their complicity," KCTU said in a statement posted to social media. "More than one million citizens gathered in front of the National Assembly. They came together because they cannot forgive a president who declared martial law and aimed weapons at his own people. Despite the cold winter weather, they took to the streets hoping desperately for the impeachment to pass."
"Today, citizens witnessed democracy taking a step backward," KCTU added. "They saw clearly who stands with those who would harm our democracy. The People Power Party must be dissolved. Those who protect Yoon must face consequences. It would be a grave mistake to think this can be resolved through compromise or constitutional amendments for an early resignation. Through the people's judgment, Yoon, his associates, and the People Power Party will face severe consequences."
Opposition lawmakers are expected to file a fresh impeachment motion next week as pressure mounts for Yoon to step down.
Additionally, as The Washington Postreported, "the national police have opened an investigation into Yoon on treason accusations by opposition parties and activists."
Keep ReadingShow Less
Top Democrat Issues Warning Over Trump Plot to 'Steal' From Federal Programs
"The Constitution provides no impoundment power to the president to unilaterally withhold funds appropriated by Congress," said Rep. Rosa DeLauro.
Dec 07, 2024
The top Democrat on the House Appropriations Committee warned Friday that President-elect Donald Trump is planning to "steal from the programs and services that affect middle-class, working, and vulnerable families" by refusing to spend money appropriated by Congress.
Rep. Rosa DeLauro (D-Conn.) said in a statement that Trump's strategy, known as "impoundment," is "uninformed and unconstitutional," adding that "the Supreme Court, the Department of Justice, and the Government Accountability Office are all in agreement—the Constitution provides no impoundment power to the president to unilaterally withhold funds appropriated by Congress."
"It is the sworn duty of the president of the United States to faithfully execute the law," DeLauro added, "and appropriations laws are no exception."
In a new fact sheet, Democrats on the House Appropriations Committee note that "the Constitution gives Congress the power of the purse, and nowhere does it give the president any unilateral power to either temporarily or permanently impound—steal, withhold, or prevent from being spent—funds appropriated by Congress."
"The Framers were right to give Congress the power of the purse," the fact sheet states. "If the president had the unilateral power to decline to spend resources as directed by Congress, then those who rely on Social Security, Medicare, Veterans Medical Care, and other federal spending programs would be subject to the whims of the executive branch. The American people would be unable to depend on promises made by Congress in appropriations laws."
Trump has explicitly vowed to use impoundment to "squeeze the bloated federal bureaucracy for massive savings," a plan endorsed by the billionaire pair tapped by the president-elect to run a new commission tasked with identifying spending and regulations to slash.
"With impoundment, we can simply choke off the money," Trump declared in a campaign ad.
"They have no authority. Does anybody get that?"
Following Elon Musk and Vivek Ramaswamy's visit to Capitol Hill on Thursday to discuss their plans for the "Department of Government Efficiency" (DOGE) with GOP lawmakers, The Washington Postreported that Republicans are "keen on expanding the president's power to impound spending—or refuse to spend money Congress authorizes."
"Musk and Ramaswamy said they were eager to test the constitutional limits of Trump's ability to unilaterally control spending decisions," the Post reported, citing two unnamed lawmakers. "Republicans largely left the more than two-hour meeting giddy."
Analysts argue Trump's plan to withhold federal spending would run afoul of the 1974 Congressional Budget and Impoundment Control Act (ICA). The law, as Propublica's Molly Redden explained, "forbids presidents from blocking spending over policy disagreements."
"A similar power grab led to his first impeachment," Redden wrote. "During his first term, Trump held up nearly $400 million in military aid to Ukraine while he pressured President Volodymyr Zelenskyy to open a corruption investigation into Joe Biden and his family. The U.S. Government Accountability Office later ruled his actions violated the Impoundment Control Act."
Democrats on the House Budget Committee recently pointed out that "although decided after the ICA passed, the Supreme Court unanimously held in Train v. City of New York that even without the ICA, the president does not have unilateral authority to impound funds."
That hasn't stopped Trump, Musk, and Ramaswamy from exploring ways to cut or block spending without congressional approval.
In a Wall Street Journalop-ed published last month, Musk and Ramaswamy wrote that "even without relying on" the view that the ICA is unconstitutional, "DOGE will help end federal overspending by taking aim at the $500 billion-plus in annual federal expenditures that are unauthorized by Congress or being used in ways that Congress never intended, from $535 million a year to the Corporation for Public Broadcasting and $1.5 billion for grants to international organizations to nearly $300 million to progressive groups like Planned Parenthood."
Housing assistance, childcare aid, student loan programs, and other spending would also be vulnerable under such an approach.
"They want [to cut] $2 trillion," DeLauro told reporters Thursday. "Think about the discretionary budget. It's $1.7 trillion. Where are they going for the money? Where are they going?"
"They have no authority," she added. "Does anybody get that?"
Keep ReadingShow Less
'Dirty and Dumb!' Trump May Cancel Contracts to Electrify USPS Fleet
"It's stuff like this that will cost us manufacturing jobs/opportunities," warned one critic.
Dec 06, 2024
As part of President-elect Donald Trump's mission to roll back the Biden administration's climate policies, the Republican may cancel contracts to electrify the U.S. Postal Service's fleet, Reutersrevealed Friday, citing unnamed sources familiar with transition team discussions.
"The sources told Reuters that Trump's transition team is now reviewing how it can unwind the Postal Service's multibillion-dollar contracts, including with Oshkosh and Ford for tens of thousands of battery-driven delivery trucks and charging stations," according to the news agency.
The USPS in December 2022 announced a five-year $9.6 billion investment that involved electrifying 75% of its next-generation delivery vehicles and installing modern charging infrastructure. That came just months after President Joe Biden signed the Inflation Reduction Act, which included $3 billion in funding for the endeavor.
Ford did not respond to Reuters' requests for comment on Friday, while Oshkosh said that it "is fully committed to our strong partnership with the USPS and looks forward to continuing to provide our postal carriers with reliable, safe, and sustainable modern delivery vehicles, even as USPS' needs continue to evolve."
The USPS also did not respond to requests for comment and Trump transition team spokesperson Karoline Leavitt declined to address his Postal Service plans, only saying that "President Trump will protect the freedom of Americans to drive whichever vehicle they choose, enhance his tough tariffs on Chinese-imported cars, and save the U.S. auto industry for generations to come. No policy should be deemed official unless it comes directly from President Trump."
During the campaign, Trump pledged to roll back Biden's climate policies if Big Oil poured $1 billion into getting him elected. He also attacked the Democrat's efforts to promote a shift to electric vehicles (EVs). Transportation accounts for the largest portion of all U.S. greenhouse gas emissions and the United States is the world's top historic emitter.
Even under Biden, U.S. plans to limit planet-heating pollution did not align with the country's contributions to the fossil fuel-driven climate emergency—but climate scientists and advocates widely backed his and later Vice President Kamala Harris' campaign leading up to last month's election, recognizing the threat posed by Trump.
John Hanger, a Democrat who previously held various envirnomental and energy positions in Pennsylvania's government, responded to the Reuters reporting on social media: "Ugh! Canceling contracts to electrify transportation of USPS would be dirty and dumb!"
Meanwhile, Scott Paul, president of the Alliance for American Manufacturing, said that "it's stuff like this that will cost us manufacturing jobs/opportunities."
Some critics also speculated whether such contracts may be redone to benefit Tesla. The company's CEO is Elon Musk, who is the richest man in the world, dumped around $270 million into super political action committees backing Trump's reelection bid, and is set to co-lead his forthcoming Department of Government Efficiency (DOGE) with fellow billionaire Vivek Ramaswamy.
Last month, Reuters reported on the Trump transition team's plans to kill Biden's fuel efficiency standards and a $7,500 consumer tax credit for EV purchases, which Musk was asked about while he and Ramaswamy were on Capitol Hill Thursday to meet with Republican lawmakers.
"I think we should get rid of all credits," Musk told reporters—despite his own company's reliance on Biden's EV policies.
Responding to Musk's comment in a Friday statement, Will Anderson, EV policy advocate with Public Citizen's Climate Program, said that "as someone who's asking to work for the American people through his so-called DOGE, Musk should not perpetuate crony capitalism that only benefits himself and others with access to Trump."
"If we want the American automobile industry to stay competitive in a global market," he added, "then not only should Musk recognize the benefit of the EV tax credit for American-made vehicles, but he should also recognize the negative impact billions of dollars in continuing oil and gas subsidies will have on a society that needs to transition to a zero-emission and clean-energy future."
Keep ReadingShow Less
Most Popular