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"The court today resoundingly reaffirmed what we have always maintained: The EPA's and Monsanto's claims of dicamba's safety were irresponsible and unlawful," said one plaintiff.
In what one plaintiff called "a sweeping victory for family farmers and dozens of endangered plants and animals," a federal court in Arizona on Tuesday rescinded the U.S. Environmental Protection Agency's 2020 approval of the highly volatile herbicide dicamba for use on certain genetically engineered crops.
In a 47-page ruling, U.S. District Judge David C. Bury found that the EPA failed to comply with public notice and comment requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), legislation passed in 1947 to protect agricultural workers, consumers, and the environment.
"This is a vital victory for farmers and the environment," said George Kimbrell, legal director at the Center for Food Safety (CFS), a plaintiff in the case. "Time and time again, the evidence has shown that dicamba cannot be used without causing massive and unprecedented harm to farms as well as endangering plants and pollinators."
"The court today resoundingly reaffirmed what we have always maintained: The EPA's and Monsanto's claims of dicamba's safety were irresponsible and unlawful," Kimbrell added.
Dicamba has damaged millions of acres of U.S. cropland since the EPA, during the Trump administration, dubiously approved its use on genetically engineered cotton and soybeans developed by Monsanto, which was acquired by Bayer in 2018.
The EPA subsequently identified spray drift as the main environmental risk for dicamba due to its potential to contaminate nontargeted crops, declaring that since 2016 "there has been a substantial increase in the overall number of reported nontarget plant incidents."
As CFS explained on Tuesday:
In today's decision, the court canceled dicamba's over-the-top use, holding that EPA violated FIFRA's public input requirement prior to the approval. This violation is "very serious," according to the court, especially because the 9th Circuit previously held EPA failed to consider serious risks of over-the-top dicamba in issuing the prior registration. The court outlined the massive damage to stakeholders that were deprived of their opportunity to comment, such as growers that do not use over-the-top dicamba and suffered significant financial losses and states that repeatedly reported landscape-level damage yet, in the same 2020 decision, lost the ability to impose restrictions greater than those imposed by the federal government without formal legislative and/or rulemaking processes. As a result, the court found "the EPA is unlikely to issue the same registrations" again after taking these stakeholders' concerns into account.
"We are grateful that the court held the EPA and Monsanto accountable for the massive damage from dicamba to farmers, farmworkers, and the environment, and halted its use," Lisa Griffith of the National Family Farm Coalition—another plaintiff in the case—said in a statement Tuesday. "The pesticide system that Monsanto sells should not be sprayed as it cannot be sprayed safely."
Tuesday's decision in Arizona follows a July 2022 ruling by the 8th U.S. Circuit Court of Appeals in St. Louis that found Monsanto and BASF were liable for damage to a Missouri peach farmer's groves caused by dicamba.
A 2021 EPA report revealed that high-ranking Trump administration officials intentionally excluded scientific evidence of dicamba-related hazards, including the risk of widespread drift damage, before reapproving the dangerous chemical. A separate EPA report described the widespread harm to farmers and the environment caused by dicamba during the 2020 growing season.
"Every summer since the approval of dicamba, our farm has suffered significant damage to a wide range of vegetable crops," said Rob Faux, a farmer and communications manager at the advocacy group Pesticide Action Network, a case plaintiff. "Today's decision provides much-needed and overdue protection for farmers and the environment."
With the specter of eucalyptus trees engineered for pesticide resistance and the Biden administration’s embrace of false solutions to climate change, the balance is being further tipped in favor of the pulp and paper industry.
Valued for its termite-resistant wood for building purposes, pulp to create products like writing and toilet paper, and its oil, which has numerous health and household benefits, the eucalyptus tree generates big business worldwide. Native to Australia and Tasmania, the prehistoric tree has been planted in such volumes that eucalyptus plantations cover some 25 million hectares around the globe—larger than the entire land area of the United Kingdom. By 2028, according to forecasts, the global eucalyptus oil market is projected to exceed $213 million, while the worldwide market for eucalyptus pulp will expand to nearly $17 billion.
But the eucalyptus industry has a dark side. Eucalyptus plantations growing in regions spanning South America, southern Africa, southern Europe, and Australia have significant detrimental impacts on local communities and biodiversity. Communities located near eucalyptus plantations are likely to face water shortages—as these plantations utilize huge amounts of water—and pollution from agrochemicals, including exposure to glyphosate, which has been linked to various health problems, including increased cancer risk.
In addition, the presence of eucalyptus trees’ leaves and roots hinders the growth of other plants beneath them because they contain a biocidal oil that inhibits the survival and decomposition of most soil bacteria that come into contact with them.
In eastern Brazil, eukalyptus plantations have replaced the diverse and endemic Atlantic Forest ecosystem, with some municipalities seeing nearly three-quarters of their land area being covered by eucalyptus plantations.
Brazil is the world’s largest eucalyptus producer. With an estimated 7.6 million hectares of eucalyptus plantations, Brazil maintains 30% of the world’s total eucalyptus trees. In eastern Brazil, particularly in the states of Bahia and Espírito Santo, these plantations have replaced the diverse and endemic Atlantic Forest ecosystem, with some municipalities seeing nearly three-quarters of their land area being covered by eucalyptus plantations. Large corporations such as Suzano, Fibria, and Veracel dominate this industry, exporting eucalyptus as pulp for manufacturing products like toilet paper.
During the delegation’s official meeting, Moisés Savian, secretary of Brazil’s Ministry of Agrarian Development, identified corporate interests as the driving force behind the push for GE eucalyptus. “It makes no sense in my vision to have a transgenic eucalyptus associated with glyphosate,” stated Savian.
(Photo: Photo: Orin Langelle)
Genetically engineered (GE) varieties of eucalyptus trees are poised to exacerbate a new wave of ecological and social destruction. Brazil has approved seven varieties of genetically engineered trees. Current plantations rob regions of water, destroy wildlife habitat, and transform large swaths of land within the Cerrado—an expansive, biodiverse tropical biome situated in eastern Brazil—into unnatural, destructive monoculture farms: rows upon rows of non-native eucalyptus trees without vegetation in their understory. Many traditional communities and Indigenous people have opposed the spread of these plantations in the country.
Varieties of GE eucalyptus are pesticide-resistant and are likely to increase the use of toxic chemicals such as Roundup, the glyphosate-based weedkiller developed by Monsanto in the 1970s, which is the world’s most used herbicide—and was acquired by Bayer in 2018. Other engineered traits, such as increased growth rates, could make the trees more profitable for the pulp and paper industry but significantly more harmful to the environment.
The Campaign to STOP GE Trees is an international alliance of organizations working to halt the introduction of genetically engineered trees into the natural environment to prevent ecological destruction and harm to local communities. It is an initiative of our U.S.-based organization, Global Justice Ecology Project (GJEP), with support from the Uruguay-based World Rainforest Movement, which advances the cause of social justice in the forests.
An international delegation of the campaign, which was organized by GJEP, traveled to Brazil in July 2023 to meet with Indigenous and quilombola communities (descendants of escaped Afro-Brazilian enslaved people), members of the Landless Workers’ Movement (Movimento dos Trabalhadores Rurais Sem Terra, or MST, in Portuguese), government ministries, and academics. The delegation’s goal was to learn about the history of resistance against the pulp and paper industry in the country and discuss how herbicide-resistant genetically engineered varieties of eucalyptus trees could increase the use of toxic herbicides and amplify ecological degradation, health impacts, and social injustice.
FASE (Federação de Órgãos para Assistência Social e Educacional), a group that has been supporting communities opposing eucalyptus plantations for a decade, organized the logistics of the delegation, which included representatives from Argentina, Canada, Chile, Ireland, Japan, New Zealand, and the United States. Local representatives joined the delegation as it visited several Brazilian ministries to register official demands and testimonies from quilombola and MST community members from northern Espírito Santo and southern Bahia about the devastating impacts of eucalyptus plantations as well as new threats posed by GE eucalyptus trees.
“It makes no sense in my vision to have a transgenic eucalyptus associated with glyphosate.”
“The demands that we recorded were from several MST communities that we met with that are doing important agroecological work and have a whole agroecological school training people in the region about how to grow organically,” said Anne Petermann, international coordinator of the Campaign to STOP GE Trees. She noted that “there were also statements from members of traditional quilombola communities in that region who are suffering, very directly, the impacts of eucalyptus plantations.”
The delegation also officially presented petitions from Rainforest Rescue, an environmental nonprofit based in Hamburg, Germany, signed by more than 100,000 people opposing the release of GE eucalyptus in Brazil to the ministries and Brazilian National Technical Commission on Biosafety.
During the delegation’s official meeting, Moisés Savian, secretary of Brazil’s Ministry of Agrarian Development, identified corporate interests driving the push for GE eucalyptus.
“It makes no sense in my vision to have a transgenic [eucalyptus] associated with glyphosate,” stated Savian. His comments highlighted the increasingly ubiquitous and dangerous as well as probable cancer-causing herbicide Roundup. “It is much more linked to market interests of the corporations that want to sell herbicide,” the secretary noted.
Another motivation behind the push for GE eucalyptus is the Kafkaesque incentive of receiving carbon credits for planting trees. Corporations like Suzano—which has been called the “world’s largest pulp exporter”—can be rewarded for planting enormous industrial tree monocultures—since they are technically planting trees, they are eligible for carbon credits—even though they first clear-cut and remove the carbon-dense native forests, which release vast amounts of carbon from the forest and the soil.
The pulp industry in Brazil has accelerated the growth rate of their eucalyptus trees. This is increasing the already enormous demands on water resources. So problematic is the expansion of eucalyptus monocultures on the hydrology and biodiversity of regions that they are often called “green deserts.”
“They look green from a distance but are extremely fast-growing trees planted in perfect rows and columns optimal for mechanical harvesting. The huge plantations do not harbor wildlife, and the only biodiversity you find in them is ants and termites,” explained Petermann, who led the delegation that traveled to Brazil.
An expanding landscape of monoculture industrial tree plantations in Brazil—which rob the forests of biodiversity, displace communities and wildlife, and deplete regions of water resources—epitomizes the eco-swindle of carbon credits.
One of the most insidious trends in false solutions to climate change is the idea that living or biological carbon can offset fossil fuel carbon. An expanding landscape of monoculture industrial tree plantations in Brazil—which rob the forests of biodiversity, displace communities and wildlife, and deplete regions of water resources—epitomizes the eco-swindle of carbon credits.
João, a member of a quilombola community, told the delegation that when eucalyptus started being planted in Espírito Santo and Bahia, “they removed the native plant cover and all the nutrients from the soil. People [here] used to do agroforestry, would use cover crops, [and would] let the land rest—but now, with eucalyptus, there is no rest for the soil.” The total eucalyptus plantation area in Bahia is estimated to be about 658,000 hectares, positioning it as the country’s third-largest contributor to industrially cultivated eucalyptus.
Dr. Ricarda Steinbrecher, a biologist from the University of London who attended a forum hosted by the delegation, warned of unintended consequences of genetically engineered trees, stating that “the risks of GE trees is extremely high in terms of the impact on biodiversity, the people living around it, and the global ecosystem and climate.”
Not only are current eucalyptus plantations destructive, but the premise that they are superior to natural forests for capturing carbon is also unsound. In 2020, experts published a letter with the Institute of Physics stating that “forests are superior to, and irreplaceable by, plantations as agents of terrestrial C [carbon] sequestration.” They are harvested with incredibly short growing cycles for pulp and paper production, which releases the carbon back into the atmosphere. But the scheme is profitable for Suzano and other pulp companies since they profit from the production of pulp and paper as well as carbon credits for planting trees.
Brazil is home to numerous biomes, the most famous of which is the Amazon forest. Known as “the lungs of the Earth” for the massive amounts of carbon dioxide the forest inhales and the oxygen it exhales, the Amazon is the focus of many conservation initiatives and agreements.
In early August 2023, Brazilian President Luiz Inácio Lula da Silva hosted the Amazon Summit in Belém, the capital of the Brazilian state of Pará, during which another conservation agreement was launched. The eight nations party to the Amazon Cooperation Treaty (ACT) released the Belém Declaration, a document aimed to unify the shared objectives of the signatory nations, which are focused on preserving the Amazon and the rights of Indigenous people who live in it. The United Nations Climate Change Conference (COP30 ) is slated to meet in Belém in 2025.
In a press release, however, the Center for International Environmental Law (CIEL) stated that the Belém Declaration fell short of commitments to end deforestation in the Amazon and failed to address the issues related to the continued use of fossil fuels.
Nikki Reisch, director of CIEL’s Climate and Energy Program, stated:
The Belém Declaration does not commit… to ending deforestation by 2030, or to addressing the primary, intersecting drivers of rainforest loss—industrial agriculture and the extractive and destructive industries that expose primary forests to land conversion.
Glaringly absent from the declaration is any mention of the threat that continued production and use of oil and gas poses to the Amazon and the ecosystems, communities, and climate that depend on it. Instead, exploration and development of new oil and gas projects continue—even at the mouth of the Amazon itself—directly undercutting leaders’ pledges to prevent the region from reaching the point of no return. Allowing expansion of fossil fuel extraction in the Amazon is incompatible with human rights, including Indigenous Peoples’ rights, biodiversity protection, and climate goals.
Similar deference to industry interests plagues the Cerrado, where eucalyptus plantations and agribusiness continue to run roughshod over Indigenous and traditional communities and destroy a lesser-known but equally precarious natural ecological system regardless of ostensible ecological concerns and overtures.
The Suzano multinational corporation is building the world’s largest pulp and paper mill in the Brazilian state of Mato Grosso do Sul. The enormous facility is being built by 10,000 workers, most of whom are stacked in nearby man camps.
(Photo: Orin Langelle)
As the global demand for paper pulp continues to climb, Brazil is expected to be the site of the most significant expansion of these production facilities in South America.
Two regions that the Campaign to STOP GE Trees’ delegation are likely to face the negative impacts of the tremendous growth of eucalyptus plantations to feed the pulp and paper industry.
Quilombola communities the delegation visited stated that in Espírito Santo, most of the municipal land has been turned into plantations by Suzano. They also explained that tax incentives and infrastructure investment in the Três Lagoas region by local and federal governments seek to attract investments by the pulp and paper industry to the state of Mato Grosso do Sul, where much of the native Cerrado forest has been converted to eucalyptus plantation in the past decade.
It is so lucrative that Suzano is building the world’s largest pulp and paper mill in Mato Grosso do Sul. The enormous facility is being built by 10,000 workers, most of whom are stacked in nearby man camps. The mill is expected to employ 10,000 people when completed. The Cerrado Project, as Suzano has deemed it, is in a rural town that has a population of nearly 25,000. The project threatens grave environmental damage to natural habitat and biodiversity, water and air, and a devastatingly precipitous population influx.
Additionally, the Chilean corporation Arauco is planning an even larger mill in Mato Grosso do Sul after the scheduled completion of Suzano’s behemoth.
Land sovereignty of traditional communities has been a politically charged issue in Brazil, and the encroachment on lands belonging to traditional and Indigenous communities by agribusiness was a theme that the delegation heard repeated during its travels through Brazil, including in the affected areas of Espírito Santo, southern Bahia, and Mato Grosso do Sul. Born out of Brazil’s colonial past and decades of military dictatorship, land distributions in the country are highly inequitable. Agribusiness interests have been incredibly aggressive in the past and continue with this trend currently.
“What made us lose our land, our culture, was all those persecutions by agribusiness,” stated José De Souza, an instructor at the Indigenous Ofaié school in Mato Grosso do Sul. The Ofaié was “once a large people,” he said, noting that such agribusiness pressures almost made “them extinct.” Once having a population of tens of thousands, the Ofaié now live on a mere 45 hectares after being forcibly relocated twice. “It’s not an ended thing,” said Souza. “They destroyed our forests and water.” The school where Souza teaches emphasizes Ofaié culture and language in classes often taught outside in the open. The Ofaié land is small but is an oasis of native forest hemmed in by vast stretches of industrial monoculture plantations.
Romildo Biancardi is a farmer who lives in the Landless Workers Movement (MST) encampment in Indio Galdino.
(Photo: Photo: Orin Langelle)
Eucalyptus is as central to the Ofaié land struggle as it is to the MST, one of the most significant movements in South America. The group has nearly 2 million members, with hundreds of thousands of Brazil’s poor living in MST camps as farmers. The MST seeks to reverse Brazil’s profound inequality of land distribution by occupying land for communal farms.
The movement is a lightning rod of controversy in Brasilia, with lawmakers aligned with former Brazilian President Jair Bolsonaro trying to outlaw the movement. Still, judges have often accepted the MST’s interpretation of Brazilian law that allows unproductive land to be taken. The MST has occasionally included eucalyptus plantations as meeting the definition of “unproductive” and has occupied and repurposed them for communal farms.
The movement has been so successful in its occupation strategy that it is estimated that 460,000 families now live in encampments started by the campaign. The MST is forward leaning with an eye to the future with agroecology schools that teach how to grow crops and food using agroecological methods. They are now the largest exporters of organic rice in Latin America.As the MST, Indigenous people, and traditional communities in Brazil struggle against the spread of industrial eucalyptus plantations, the Biden administration is reportedly funding its expansion.
According to a June 2023 article on Mongabay, “Biden promised funds from the U.S. International Development Finance Corporation to conserve the Amazon and other critical Latin American biomes.” Yet according to findings published by Mongabay, the debt investment, if approved by Congress, will primarily “be funneled into mass-produced eucalyptus in Brazil’s Cerrado savanna.”
Mongabay reported that $50 million of the funding would go to Timberland Investment Group’s (TIG) plan to expand its “planted forest operations,” which located its newest office near Suzano’s Cerrado Project in Mato Grosso do Sul.
During the delegation’s visit to Brazil’s capital, Brasilia, to meet with ministers and lawmakers, Indigenous peoples held a large demonstration to oppose a proposal, PL 490, a law its supporters claim would bring certainty and fairness to land disputes in Brazil. Opponents, however, argue that the proposal would actually reverse hard-fought gains by Indigenous communities to have their land rights officially recognized.
Proposed by Bolsonaro-aligned lawmakers, PL 490 would reset Indigenous land claims to October 1988—when the current Brazilian Constitution was adopted after the military dictatorship. Since the lands were taken during the dictatorship, this is a land-grabbing ruse by extractive industries seeking to deny claims of land rights by Indigenous groups and even to erase gains they had made in the past. The Lower House of Congress gave its approval to this bill in May 2023.
The push for PL 490 underscores how land sovereignty is a fundamental issue in Brazilian politics and is inextricably linked to the country’s environment and the rights of traditional communities. Monoculture eucalyptus plantations play a central role in the contest over land rights, an issue central to Brazilian politics and ultimately connected to the rights of traditional communities and the world’s environmental health. With the specter of eucalyptus trees engineered for pesticide resistance and the Biden administration’s embrace of false solutions to climate change, the balance is being further tipped in favor of the pulp and paper industry in that fight.
“As Brazil goes, so does the world when it comes to the use of GE-engineered eucalyptus,” said Petermann. “The significance of the loss of the Cerrado to GE eucalyptus plantations cannot be overstated.”
This article was produced by Earth | Food | Life, a project of the Independent Media Institute.
The U.N. should address issues such as land concentration, so that peasant agroecology can have a real chance to flourish and make a significant contribution to tackling hunger, climate change, and biodiversity loss.
A U.N. summit on global food systems should be an opportunity to address structural inequalities and tackle hunger. It should be a chance to learn from small-scale producers whose sustainable food practices feed 70% of the world. Instead, next week’s conference in Rome will be a festival of greenwashing, allowing Big Agriculture corporations to tighten their grip on food systems.
This will be the second Food Systems Summit (UNFSS). The first, in 2021 was supposed to address the lack of progress towards the U.N.’s sustainable development goals. It was dubbed a “people’s summit” by the organizers, but caused an outcry among local producers when their calls to roll back the power of transnational corporations were cynically ignored.
Corporations that dominate global food systems, such as Bayer and Nestlé, used the summit to promote greenwashing initiatives rather than address pressing problems such as food speculation and the impact of Covid-19 on world hunger.
The U.N.’s special rapporteur on the right to food Michael Fakhri described it as “inviting the fox right into the henhouse.”
Discussions on eradicating hunger were hosted by the Global Alliance for Improved Nutrition (GAIN), a foundation partly funded by processed food and consumer goods giant Unilever, while transnational corporations were invited to discuss solutions to problems they had largely created. The whole event was an excellent opportunity for them to identify new profit-making ventures and to “capture the global narrative of ‘food systems transformation.’”
More than a thousand small-scale food producer associations and Indigenous Peoples’ groups, academics, and social movements boycotted the event, which was also widely criticized by U.N/ human rights experts and others.
The U.N.’s special rapporteur on the right to food Michael Fakhri described it as “inviting the fox right into the henhouse.”
Food is a common good and access to healthy and nutritious food is a basic human right enshrined in U.N. covenants. These are the issues that governments and the U.N. should focus resources on, and next week’s summit provided a perfect opportunity.
Sadly, it looks set to simply consolidate corporate control over food and natural resources.
Hundreds of grassroots groups have called out the U.N., saying they are still being excluded and claiming the summit is “poised to repeat the failures” of two years ago and want to see fundamental change in food systems.
Here’s the picture as it stands. A handful of agribusinesses control more than 70% of the world’s farmland. Smallholder farmers, fisherfolk, pastoralists, and Indigenous peoples, who use agroecology and other sustainable practices, feed 70% of the world’s population with just 10% of global farmland.
In just the last five years, the world’s nine largest fertilizer companies—with nearly 40% of global synthetic fertilizer sales— have tripled their profits.
Agriculture is responsible for nearly 40% of global greenhouse gas emissions, almost 90% of deforestation, and 80% of biodiversity loss, the bulk of which can be attributed to industrial agriculture and agribusiness operations.
The disruption of global fertilizer supply chains has been a major focus of the U.N.’s response to the global food crisis. But the dangers of market concentration, which make food systems extremely fragile to shocks, have been largely ignored.
In just the last five years, the world’s nine largest fertilizer companies—with nearly 40% of global synthetic fertilizer sales— have tripled their profits. Rocketing fertilizer prices have less to do with disrupted supply chains than quasi-monopolies.
Despite all this—and the growing global obesity pandemic, for which consumption of ultra-processed industrial food bears a major responsibility—the U.N. continues to empower corporations. What it should be doing is addressing issues such as land concentration, so that peasant agroecology can have a real chance to flourish and make a significant contribution to tackling hunger, climate change, and biodiversity loss.
A dystopian future where a handful of corporations control everything we eat is just around the corner, if we do not resist now.
About 60% of all calories consumed worldwide come from just four crops: rice, wheat, corn, and soy. Everyone is vulnerable if we are over-dependent on global corporate-controlled supply chains. Industrial agriculture has failed to address rising levels of hunger and malnutrition across the world, which are now at an estimated 828 million people.
We are facing a stark choice between unsustainable, exploitative, corporate-controlled food systems and diverse, locally sourced ecological food.
The global governance of food is being hijacked by corporate interests. The U.N.’s Food and Agriculture Organization receives less than a third of its $3.25bn budget from the world’s governments, making it dependent on “voluntary contributions”—including from corporations and their proxies—for the rest.
We are facing a stark choice between unsustainable, exploitative, corporate-controlled food systems and diverse, locally sourced ecological food that prioritises the needs and rights of those most affected by the hunger, climate, and health crises.