February, 06 2024, 05:13pm EDT
![Center for Food Safety](https://assets.rbl.ms/32012637/origin.jpg)
Federal Court Halts Spraying of Monsanto’s Dicamba Pesticide Across Millions of Acres of Cotton, Soybeans
Meredith Stevenson, Staff Attorney, Center for Food Safety
mstevenson@centerforfoodsafety.org
TUSCON, Ariz.
In a sweeping victory for family farmers and dozens of endangered plants and animals, a federal court today revoked approval of the notoriously volatile, weed-killing pesticide dicamba.
The drift-prone pesticide has damaged millions of acres of crops and wild plants every year since the Environmental Protection Agency (EPA) first approved it in 2017 for spraying on cotton and soybean crops genetically engineered by Monsanto (now Bayer) to survive what would otherwise be a deadly dose. Today’s ruling by the U.S. District Court of Arizona in Tucson overturns the EPA’s 2020 reapproval of the pesticide, which included additional application restrictions that have nonetheless failed to prevent the ongoing drift damage.
“This is a vital victory for farmers and the environment,” said George Kimbrell, Center for Food Safety’s (CFS) legal director and counsel 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 re-affirmed what we have always maintained: the EPA’s and Monsanto’s claims of dicamba’s safety were irresponsible and unlawful.”
Since dicamba was approved for “over-the-top” spraying its use has increased twentyfold. The EPA estimates 65 million acres (two-thirds of soybeans and three-fourths of cotton) are dicamba-resistant, with roughly half that acreage sprayed with dicamba, an area nearly the size of Alabama. Much of the unsprayed crops are planted “defensively” by farmers to avoid dicamba drift damage.
In today’s decision, the court cancelled 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 Ninth 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.
The court also criticized the EPA’s assessment of the 2020 registrations’ widespread harms. Monsanto and the EPA claimed this “over-the-top” new use of dicamba would not cause harm due to its new restrictions on use. But the court found the EPA’s “circular approach to assessing risk, hinging on its high confidence that control measures will all but eliminate offsite movement, [led] to its corresponding failure to assess costs from offsite movement.” And instead, just as independent researchers had warned, the restrictions failed, and dicamba continued to vaporize and drift.
“I hope the court’s emphatic rejection of the EPA’s reckless approval of dicamba will spur the agency to finally stop ignoring the far-reaching harm caused by this dangerous pesticide,” said Nathan Donley, environmental health science director at the Center for Biological Diversity. “Endangered butterflies and bee populations are going to keep tanking if the EPA keeps twisting itself into a pretzel to approve this product just to appease the pesticide industry.”
“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,” said Lisa Griffith of the National Family Farm Coalition. “The pesticide system that Monsanto sells should not be sprayed as it cannot be sprayed safely.”
“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 Pesticide Action Network. “Today’s decision provides much needed and overdue protection for farmers and the environment.”
Background
This is the second time a federal court has found that the EPA unlawfully approved dicamba. An earlier case resulted in a court of appeals overturning the agency’s prior approval of the pesticide. The EPA reapproved the same uses of the pesticide in 2020, leading to the current lawsuit.
Today’s ruling outlaws dicamba products sprayed over emerged soybeans and cotton crops that are genetically engineered to withstand the spray. Since 2017 the pesticide has caused drift damage to millions of acres of non-genetically engineered soybeans as well as to orchards, gardens, trees and other plants on a scale unprecedented in the history of U.S. agriculture.
Dozens of imperiled species, including pollinators like monarch butterflies and rusty patched bumblebees, are also threatened by the pesticide.
The EPA admitted in a 2021 report that its application restrictions to limit dicamba’s harm had failed and the pesticide was continuing to cause massive drift damage to crops.
The U.S. Department of Agriculture estimates that up to 15 million acres of soybeans have been damaged by dicamba drift. Beekeepers in multiple states have reported sharp drops in honey production due to dicamba drift suppressing the flowering plants their bees need for sustenance.
The plaintiffs are National Family Farm Coalition, Pesticide Action Network, Center for Food Safety and the Center for Biological Diversity. They are represented by legal counsel from the Center for Food Safety and the Center for Biological Diversity.
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. CFS's successful legal cases collectively represent a landmark body of case law on food and agricultural issues.
(202) 547-9359LATEST NEWS
'Complicit in the Genocide': First Muslim Biden Appointee Resigns Over Gaza
"This administration has chosen to uphold the status quo instead of listening to the diverse voices of staff urgently demanding freedom and justice for Palestinians."
Jul 02, 2024
A political appointee at the U.S. Interior Department on Tuesday became the youngest—and first Muslim American—appointee of President Joe Biden's to resign as his administration continues to "fund and enable Israel's genocide of Palestinians."
"Marginalized communities in our country have long been denied the justice they deserve. I joined the Biden-Harris administration with the belief that my voice and diverse perspective would lend a hand in the pursuit of that justice," Special Assistant and Assistant Secretary for Land and Minerals Management Maryam Hassanein, 24, said in a statement.
"However, over the past nine months of Israel's genocide in Gaza, this administration has chosen to uphold the status quo instead of listening to the diverse voices of staff urgently demanding freedom and justice for Palestinians," she added. "I am resigning today from my position as a Biden administration appointee in the Department of the Interior."
Hassanein toldHuffPost that she decided to resign because "I came to understand that even if the agency I'm working at is not producing foreign policy, serving in the administration in any capacity does essentially make you complicit in the genocide of the Palestinians."
Palestine defenders applauded Hassanein's resignation—which made her at least the 11th American official to step down over U.S. support for Israel's war on Gaza, according to HuffPost.
"We welcome this principled resignation by another Biden administration official who took up their post believing they could help the nation, but instead realized they were becoming complicit in the administration's enabling of the far-right Israeli government's genocide in Gaza," said Nihad Awad, executive director of the Council on American-Islamic Relations.
"President Biden, whose administration has lost all credibility on the issue of human rights, must reverse course and end our nation's complicity in genocide, forced starvation, and ethnic cleansing," Awad added. "He must demand an immediate and permanent cease-fire, an end to the occupation, and justice for the Palestinian people."
The Biden administration has been Israel's staunchest supporter, even after 270 days of what United Nations officials, human rights experts, and countries led by South Africa in an International Court of Justice case all call a genocidal assault on Gaza's 2.3 million people. Despite this, Biden has approved billions of dollars in military assistance and provided diplomatic support for Israel.
According to Palestinian and international agencies, at least 37,925 Palestinians—mostly women and children—have been killed by Israeli forces, while upward of 87,000 others have been wounded and at least 11,000 people are missing and presumed dead and buried beneath the rubble of hundreds of thousands of destroyed or damaged buildings.
Israel has also been accused of deliberately starving Gazans—dozens of whom have died of malnutrition—via a crippling siege and blockade of the coastal enclave.
Keep ReadingShow Less
Jared Golden Op-Ed on Trump Called 'Unconscionable Surrender to Fascism'
A political science professor described the Maine congressman's op-ed as "one of the most irresponsible things a Democratic member of Congress has written in recent memory."
Jul 02, 2024
Breaking with many of his fellow Democrats, Maine Congressman Jared Golden suggested Tuesday that former Republican President Donald Trump's return to the White House wouldn't threaten U.S. democracy—and was sharply ridiculed for that take.
"After the first presidential debate, lots of Democrats are panicking about whether President Joe Biden should step down as the party's nominee," Golden wrote in a Bangor Daily News op-ed. "Biden's poor performance in the debate was not a surprise. It also didn't rattle me as it has others, because the outcome of this election has been clear to me for months: While I don't plan to vote for him, Donald Trump is going to win. And I'm OK with that."
"Democrats' post-debate hand-wringing is based on the idea that a Trump victory is not just a political loss, but a unique threat to our democracy. I reject the premise," he continued. "Unlike Biden and many others, I refuse to participate in a campaign to scare voters with the idea that Trump will end our democratic system."
Golden—who represents the "Trump-friendly" 2nd District, a priority for Republicans this cycle—also referenced the insurrection incited by the presumptive Republican nominee after his 2020 loss to Biden, writing that "pearl-clutching about a Trump victory ignores the strength of our democracy. January 6, 2021, was a dark day. But Americans stood strong."
The backlash to Golden's op-ed was swift and strong, with Fordham University assistant political science professor Jacob Smith calling it "one of the most irresponsible things a Democratic member of Congress has written in recent memory."
Veteran journalist Mark Jacob said on social media that "Congressman Jared Golden, an alleged Democrat from Maine, waves the white flag against Trump in an unconscionable surrender to fascism. Maybe he thinks he can cut a deal. The cowards and quislings are making themselves known."
Some critics highlighted that the U.S. Supreme Court's right-wing supermajority—which includes three Trump appointees—ruled Monday that Trump, and anyone else who occupies the Oval Office, has absolute immunity for "official acts." In her dissent, liberal Justice Sonia Sotomayor warned that "the president is now a king above the law."
Trump celebrated the ruling and reportedly is prepared to embrace his expanded powers if he wins in November. The high court decision also jeopardizes Trump's recent felony conviction and three pending cases against him, including two that stem from his efforts to overturn the results of the 2020 election.
"Jared Golden's op-ed today may be one of the worst takes we've seen so far, particularly in light of the Supreme Court's decision yesterday," declared Young Democrats of America president Quentin Wathum-Ocama. "I'm astounded that the congressman has such an absurdly bad take and is apparently ready to give up on an election five months out."
Some journalists and Republicans suggested that Golden's op-ed may be politically motivated, considering the makeup of his district. His GOP challenger, former NASCAR driver Austin Theriault, said: "This is a very phony attempt to avoid accountability. Simple questions for Jared Golden: Does he support Joe Biden for president or not? Does Golden believe Biden is mentally competent or not? He won't say, because he puts politics ahead of Mainers."
Golden, who co-chairs the Blue Dog Coalition, has a history of voting with Republicans on various climate, military, and student debt relief policies. His new opinion piece provoked calls for members of his own party to identify and rally around a write-in candidate "so Maine Democrats have an actual Democratic option in November."
Other Democrats in Congress have contributed to mounting warnings of the threat posed by Trump, who has said on the campaign trail that he would be a dictator on "day one" and "root out" those he called "radical left thugs that live like vermin within the confines of our country."
If elected this year, Trump is also expected to pursue the policy agenda of the Heritage Foundation-led 2025 Presidential Transition Project—or Project 2025—which the Global Project Against Hate and Extremism has described as a "far-right playbook for American authoritarianism."
Congressman Robert Garcia (D-Calif.) said Tuesday that "Project 2025 is a threat to our nation. The conservative radical plan rolls back rights for everyone and allows blatant discrimination against the LGBTQ+ community. It's sickening, and we must do everything to prevent this destructive plan and Donald Trump at all costs."
Biden's poor performance in the debate with Trump last week has prompted some supporters to reaffirm the importance of his reelection, given the alternative, and others to suggest that he should be replaced ahead of the Democratic convention next month.
On Tuesday, U.S. Rep. Lloyd Doggett of Texas became the first Democrat in Congress to suggest that Biden should step aside.
"Too much is at stake to risk a Trump victory—too great a risk to assume that what could not be turned around in a year, what could not be turned around in the debate, can be turned around now," Doggett said. "President Biden saved our democracy by delivering us from Trump in 2021. He must not deliver us to Trump in 2024."
Keep ReadingShow Less
Researchers Warn of Imminent 'Death Spiral' for Rapidly Melting Alaska Ice Field
The Juneau ice field is melting at a rate of 50,000 gallons per second and is possibly heading "beyond a dynamic tipping point," a new study says.
Jul 02, 2024
The melting of Alaska's Juneau ice field—which contains more than 1,000 glaciers—is accelerating and could reach a tipping point much sooner than predicted, according to research published Tuesday.
The study, which was published in the journal Nature Communications, shows that ice loss from the Juneau ice field began accelerating rapidly after 2005.
The paper's authors found that "rates of area shrinkage were five times faster from 2015-2019 than from 1979-1990," while glacier volume loss—which had remained relatively consistent from 1770-1979—doubled after 2010.
"Forty years from now, what is it going to look like? I do think by then the Juneau ice field will be past the tipping point."
"Thinning has become pervasive across the icefield plateau since 2005, accompanied by glacier recession and fragmentation," the study states. "As glacier thinning on the plateau continues, a mass balance-elevation feedback is likely to inhibit future glacier regrowth, potentially pushing glaciers beyond a dynamic tipping point."
Study lead author Bethan Davies, a glaciologist at Newcastle University in England, said in a statement, "It's incredibly worrying that our research found a rapid acceleration since the early 21st century in the rate of glacier loss across the Juneau ice field."
"Alaskan icefields—which are predominantly flat, plateau icefields—are particularly vulnerable to accelerated melt as the climate warms since ice loss happens across the whole surface, meaning a much greater area is affected," Davies continued. "Additionally, flatter ice caps and icefields cannot retreat to higher elevations and find a new equilibrium."
"As glacier thinning on the Juneau plateau continues and ice retreats to lower levels and warmer air, the feedback processes this sets in motion is likely to prevent future glacier regrowth, potentially pushing glaciers beyond a tipping point into irreversible recession," she added.
Study co-author Mauri Pelto, a professor of environmental science at Nichols College in Massachusetts, toldThe Associated Press that the Juneau ice field is melting at a rate of about 50,000 gallons per second.
"When you go there the changes from year to year are so dramatic that it just hits you over the head," Pelto said. "In 1981, it wasn't too hard to get on and off the glaciers. You just hike up and you could you could ski to the bottom or hike right off the end of these glaciers. But now they've got lakes on the edges from melted snow and crevasses opening up that makes it difficult to ski."
As the AP reported:
Only four Juneau ice field glaciers melted out of existence between 1948 and 2005. But 64 of them disappeared between 2005 and 2019, the study said. Many of the glaciers were too small to name, but one larger one, Antler glacier, "is totally gone," Pelto said.
Alaska climatologist Brian Brettschneider, who was not part of the study, said the acceleration is most concerning, warning of "a death spiral" for the thinning ice field.
Pelto said that "the tipping point is when that snow line goes above your entire ice field, ice sheet, ice glacier, whichever one."
"And so for the Juneau ice field, 2019, 2018, showed that you are not that far away from that tipping point," he added. "We're 40 years from when I first saw the glacier. And so, 40 years from now, what is it going to look like? I do think by then the Juneau ice field will be past the tipping point."
It's not just Alaska. Glaciers around the world—from Greenland to Switzerland to Africa and the Himalayas—are melting at an alarming rate. The United Nations Educational, Scientific, and Cultural Organization warned in 2022 that glaciers in one-third of the 50 UNESCO World Heritage sites where they are found are on pace to disappear by 2050—even if planet-heating emissions are curbed.
Another study published last year by researchers at Carnegie Mellon University and the University of Alaska found that even if humanity manages to limit planetary heating to 1.5°C above preindustrial temperatures—the more ambitious goal of the Paris agreement—half of Earth's glaciers are expected to melt by the end of the century.
Keep ReadingShow Less
Most Popular