Citing “toxic mountains,” conservation groups file notice of intent to sue EPA
By Johnathan Hettinger
US regulators are failing to address toxic “open-air dumps” that in some cases tower many hundreds of feet tall and hundreds of acres wide, according to a group of conservation and public health advocates who have filed a notice of intent to sue the government to force protective action.
The advocacy groups represent people in multiple states who live near the manmade dumps that store massive amounts of a radioactive substance called phosphogypsum, which is generated in the process of creating phosphoric acid for fertilizer. Phosphogypsum and its leachate can contain several hazardous substances, including arsenic, lead, cadmium, and chromium. These substances are considered carcinogenic and known to induce damage to multiple organs, even at lower levels of exposure, according to the National Institutes of Health.
Communities in Florida, Texas, Louisiana and other states are at risk from these dumps, according to the groups. There are four “Superfund” abandoned hazardous waste sites in Idaho, Illinois and Mississippi, where phosphate plants once operated.
The fertilizer industry creates 46 million tons of phosphogypsum each year, more than the amount of regulated hazardous waste produced in all other industries combined, according to the notice of intent to sue. In Florida, alone, there are more than one billion tons of phosphogypsum stored across 25 stacks, the groups say.
“The waste is not just toxic, it’s not just carcinogenic. It’s radioactive,” said Jaclyn Lopez, director of the Jacobs Public Interest Law Clinic for Democracy and the Environment at Stetson University, who is providing legal representation to the groups. Lopez recently authored a legal review finding that these plants are largely concentrated in low-wealth and minority communities across the United States.
“This has the potential to impact truly millions of people,” Lopez said.
Dead livestock and poisoned water — Texas farmers sue over PFAS contamination
By Shannon Kelleher
Two Texas farm families have seen their health decline, their pets and livestock sickened and killed, their water poisoned and and their property values wiped out due to high levels of chemical contamination linked to a company marketing treated sewage sludge as a fertilizer and soil conditioner, according to a lawsuit filed by the families.
The lawsuit alleges the plaintiffs’ farms, located near Fort Worth, were “poisoned by toxic chemicals” after a neighboring farmer took shipment of “smoking” piles of biosolids that contained hazardous per- and polyfluoroalkl substances (PFAS) in late 2022.
The PFAS-laced fertilizer was allegedly made by Synagro of Texas-CDR Inc., using semi-solid treated waste obtained from wastewater facilities. The waste, referred to as biosolids, has been promoted as an effective means for turning sewage into useful agricultural applications that can boost crop yields.
The biosolids are supposed to be treated to remove toxins, but PFAS chemicals are difficult – if not impossible – to break down, and are known to persist in the environment. Sometimes called “forever chemicals,” several types of PFAS are known to be hazardous to human health, including some linked to cancers.
Synagro is one of the largest in the biosolids industry, and knew, or should have known, that its biosolid products contained PFAS, according to the lawsuit, which was filed last week in Maryland, where Synagro is headquartered.
Synagro did not respond to a request for comment. On its website, the company calls itself a “partner for a cleaner, greener world” and says it works to “protect the health of the water, our Earth and those who depend on them now and for the future.”
Alarming levels of weed killer found in study of pregnant women
By Johnathan Hettinger and Carey Gillam
Pregnant women in a key US farm state are showing increasing amounts of a toxic weed killer in their urine, a rise that comes alongside climbing use of the chemicals in agriculture, according to a new study published Friday.
The study, led by the Indiana University School of Medicine, showed that 70% of pregnant women tested in Indiana between 2020 and 2022 had an herbicide called dicamba in their urine, up from 28% from a similar analysis for the period 2010-2012 that included women in Indiana, Illinois and Ohio.
Notably, the new study found that along with a larger percentage of women showing the presence of dicamba in their bodies, the concentrations of the weed killing chemical increased more than four-fold.
The study also looked for the presence of 2,4-dichloroacetic acid, better known as 2,4-D, in the urine samples, finding that 100% of the women in both the earlier study and the new one had 2,4-D in their urine, with detectable, but not significant, increases in concentration levels.
The new findings add to a growing body of literature documenting human exposure to chemicals used in agriculture, and various known and potential health impacts. Many scientists have particular concerns about how farm chemicals impact pregnant women and their children, but say more research – and more regulatory scrutiny – is needed.
“These are two chemicals we’re concerned about because of their increasing use,” said Paul Winchester, a neonatal physician in Indianapolis, Indiana, who was not involved in this study but has authored related studies.
Dicamba exposure has been linked to increased risk of liver and bile duct cancer. Some animal studies of 2,4-D exposure during pregnancy found low body weights and changes in behavior in the offspring, while other studies have found that exposure to 2,4-D appears to increase the risk of lymphoma.
EPA is illegally concealing data about PFAS in millions of plastic containers, lawsuit alleges
By Shannon Kelleher
The US Environmental Protection Agency (EPA) is breaking the law by concealing health and safety data about a class of toxic chemicals called PFAS found in millions of plastic containers, two environmental advocacy groups allege.
The agency is refusing to turn over data on toxic per- and polyfluoroalkyl substances in high-density polyethylene (HDPE) plastic containers produced by the company Inhance, citing “confidential business information.”
Public Employees for Environmental Responsibility (PEER) and the Center for Environmental Health (CEH) have been seeking data held by the EPA about the company and its containers through a 2023 Freedom of Information Act (FOIA) request. But the agency has redacted and withheld key information, the groups allege.
They filed a lawsuit against the EPA on Thursday claiming the agency is violating the Toxic Substances Control Act (TSCA) by refusing to provide the requested data for public scrutiny.
“The cloak of confidential business information cannot be used to hide health and safety studies as EPA is currently doing,” Colleen Teubner, a PEER lawyer, said in a press release. “By sitting on this critical information, EPA is advancing the private interests of a corporate violator and shirking its public health responsibilities.”
The groups sent a demand letter to EPA in November, arguing that the agency “has no statutory basis” for its refusal to turn over information.
Last year, the EPA ordered Inhance to stop making plastic containers that contain PFAS following legal pressure from PEER and CEH. That order is set to go into effect Feb. 28.
Plastics industry engaged in 50 years of fraud over recycling, report alleges
By Dana Drugmand
Plastics makers and petrochemical industry players have engaged in a decades-long fraud aimed at deceiving the public about plastic recycling, according to a new report that spotlights freshly uncovered industry communications and internal documents.
The report comes as the global plastic waste crisis deepens, and as environmental advocacy organizations are increasingly calling for major fossil fuel and petrochemical companies to be held responsible for plastic pollution that poses a threat to human and planetary health.
“Despite their long-standing knowledge that recycling plastic is neither technically nor economically viable, petrochemical companies—independently and through their industry trade associations and front groups—have engaged in fraudulent marketing and public education campaigns designed to mislead the public about the viability of plastic recycling,” asserts the new report, released by the Center for Climate Integrity (CCI) on Thursday.
In detailing the plastics industry’s campaign of deception that dates back more than 50 years, the report reveals how the industry deployed a familiar strategic playbook to push back on threats of regulation by promoting a misleading narrative and false claims pertaining to plastics and recycling, despite knowing all along that plastics’ recyclability was more of a public relations message than an effective solution to the waste management problem.
“This evidence shows that many of the same fossil fuel companies that knew and lied for decades about how their products cause climate change have also known and lied to the public about plastic recycling,” CCI President Richard Wiles said in a statement. “When corporations and trade groups know that their products pose grave risks to society, and then lie to the public and policymakers about it, they must be held accountable.”
EPA says dicamba will be sprayed this summer despite court ban
By Johnathan Hettinger
Despite a recent federal court ruling banning three agricultural weed killing products, U.S. regulators said this week that they will continue to allow farmers to spray the pesticides this summer.
In what amounts to a win for the agrochemical industry and for many farmers using the industry’s seeds and chemicals, the Environmental Protection Agency (EPA) issued an order on Wednesday laying out a framework for continued use of millions of gallons of dicamba herbicides. The EPA said farmers may still apply product that has already been shipped from agrochemical companies Bayer, BASF and Syngenta. The companies cannot sell additional supplies over what has already been labeled and shipped, however, the EPA said.
The announcement is the latest move in a years-long saga that has played out across US farm country, pitting farmer against farmer. While many growers say the dicamba products – sprayed over special dicamba-tolerant crops – are necessary to fight back increasingly difficult-to-kill weeds in their fields, many others say their own orchards, gardens and farm fields not planted with dicamba-tolerant crops are being damaged by the drift of the pesticide across the countryside.
Last week, a federal judge in Arizona banned the dicamba-based weed killers made by the three companies, saying the EPA unlawfully approved the products. It marked the second time a federal court has banned dicamba weed killers since they were introduced for the 2017 growing season. The judge in the most recent case found that the EPA made a crucial error by failing to allow a public notice and comment period on its reapproval decision for dicamba as required by law.
The EPA’s action to allow farmers to still spray this year angered many environmental advocates.
“It’s as though they didn’t just lose this lawsuit,” said Lori Ann Burd, environmental health program director at the Center for Biological Diversity, which successfully challenged the 2020 approval of dicamba in court. “It’s hard to imagine what it would take to get rid of dicamba. It’s like a zombie, it just keeps coming back and coming back. There has never been a point where the EPA didn’t bend over backwards to give registrants what they want,” Burd said.
Another pesticide problem on your plate
By Carey Gillam
Highlighting a fresh health concern for US consumers, a new study has found that a farm chemical linked to reproductive problems is increasingly showing up in the urine of people across the United States.
The study, published in the Journal of Exposure Science & Environmental Epidemiology on Thursday, reported that the majority of a set of nearly 100 urine samples collected from people in different states over the last few years showed the presence of a pesticide called chlormequat, which is used in agriculture to control growth in plants.
Notably, the study found that both frequency of detection and concentrations of the chemical were starkly higher in 2023 than in samples collected from prior years.
“While the sample size is small and more research will be needed to verify the extent of the problem, it is very concerning to see chlormequat chloride showing up in these samples, and at increasing levels,” said Danielle Melgar, a specialist in food and agriculture advocacy work with the Public Interest Research Group.
“It means that consumers are clearly being exposed to it. If it wasn’t linked to health concerns, that might not be an issue, but independent research has established connections to fetal and reproductive health harms in animal studies,” Melgar said.
Chlormequat is used to regulate the size of plants by blocking certain hormones. Though primarily used on ornamental plants in the United States, it is allowed on imported foods from other countries, including from Canada and Europe where chlormequat is approved for use on wheat, oats and barley.
Last year, the US Environmental Protection Agency (EPA) proposed that farmers in this country also be allowed to apply it to their food crops. By regulating the growth of crops such as wheat, yields can be improved, farmers have found.
But animal studies show chlormequat exposure can disrupt embryonic growth and contribute to other health problems.
Environmental and health advocates cite those studies in strongly opposing any expansion of use. Last year, PIRG sent a petition to the EPA, arguing “a slightly bigger harvest isn’t worth the risk to our health.”
Pesticide-treated seeds harm earthworms, study finds
By Shannon Kelleher
Commonly used pesticides pose a toxic threat to earthworms, creatures considered crucial for the health of soil used to grow crops, according to a new study published Wednesday.
The study builds on evidence that a class of insecticides called neonicotinoids, or neonics, are harming a range of species important for planetary health. Neonics have been banned in many countries but are popular with farmers in the United States.
The authors of the new study said they found that when earthworms were exposed to four different types of neonics, as well as the fungicide difenoconazole, they suffered damage to their mitochondrial DNA and gained significantly less weight than earthworms not exposed to the chemicals. The pesticides were especially damaging when the worms were exposed to a neonic plus the fungicide in combination.
The findings were published in the journal Environmental Science & Technology Letters.
“We need to re-evaluate the toxicity of neonics and the synergistic effects of neonics and systemic pesticides in those non-target organisms when they are applied to soil simultaneously,” said Chensheng (Alex) Lu, a professor at Southwest University in Chongqing, China and an author of the study.
“The contribution of earthworms to crop yields is as essential as pollination done by honey bees,” he added. “A healthy soil is simply not possible without the presence of earthworms.”
EPA’s proposed lead pipe crackdown spurs debate
By Shannon Kelleher
Proposed revisions to a national drinking water regulation designed to reduce exposure to lead in US drinking water are drawing applause from many sectors, but also criticism as industry groups worry about how to meet the stricter standard and environmental and health advocates fear the proposed requirements don’t go far enough.
The regulatory move comes after public outcry in response to recognition that communities around the country could be at risk of the type of contamination that occurred in Flint, Michigan in 2014 when the town’s drinking water became contaminated with lead from corroded pipes. The toxic metal, which is a known health hazard, particularly to children, has also been found in the tap water of Chicago residents.
“Now, there’s a new proposed rule, there’s lots of money, and there is a deadline, so now people are mobilizing to implement,” said Alfredo Gomez, director of Natural Resources and Environment at the US Government Accountability Office (GAO). But, he said, “some folks are supportive of the proposed rule, and others are concerned.”
The US Environmental Protection Agency (EPA)’s proposed changes would require water systems to replace lead service lines within 10 years of the rule going into effect. An estimated 9.2 million water service lines provide water to communities across the nation. The agency would also compel utilities to take stronger measures to prevent lead in the pipes from entering the water through corrosion by reducing the level at which utilities are required to take mitigation action for lead from 15 parts per billion (ppb) to 10 ppb. The EPA action builds on revised regulations introduced in 2021.
The new move to address lead in drinking water, which the EPA proposed in late November, is among a host of actions the agency has recently taken to crack down on a wide range of harmful environmental pollutants. The agency issued an enforcement alert in late 2023 calling out “widespread noncompliance” with the first US regulation on toxic coal ash, and earlier this month it announced a proposal that would help ensure cleanups of pervasive chemicals known as PFAS at hazardous waste facilities. Last week, the EPA finalized stronger air quality standards to reduce soot pollution.
A new bid to safeguard Mississippi River amid growing environmental concerns
By Madeline Heim, Milwaukee Journal Sentinel
A proposal to create a federal funding program to protect the Mississippi River is back in front of Congress.
Democratic Sen. Tammy Baldwin of Wisconsin announced Wednesday that she plans to introduce the Mississippi River Restoration and Resilience Initiative in the Senate. Democratic Rep. Betty McCollum of Minnesota will bring the same bill forward in the House.
The proposal is nearly the same as one introduced by McCollum in 2021. It’s modeled after programs that protect other major bodies of waters across the U.S., like the Great Lakes Restoration Initiative and the Chesapeake Bay Program.
Advocates for the Mississippi River argue that the river is long overdue to have its own such program. Millions of Americans rely on it for drinking water, commerce and recreation, and its floodplains provide food and habitat for hundreds of fish and wildlife species. But it’s facing a multitude of challenges, from extreme weather to habitat loss to persistent agricultural and industrial pollution. That pollution contributes to the dead zone in the Gulf of Mexico, which last year was almost as big as Yellowstone Park.
Even in the past few years, the river has experienced the impacts of a changing climate, said Kelly McGinnis, executive director of the Mississippi River Network. Last spring, communities along the upper river saw near-record floodwaters, bookended by severe droughts that slowed shipping traffic to a crawl.
“If anything, since (this legislation) was first introduced, the conditions of the world we live in just keep showing us that there is an urgent need to address these problems, and they’re not solving themselves,” McGinnis said.