For a second time, US court bans dicamba weed killers, finds EPA violated law
By Johnathan Hettinger
Dealing a blow to three of the world’s biggest agrochemical companies, a US court this week banned three weed killers widely used in American agriculture, finding that the Environmental Protection Agency (EPA) broke the law in allowing them to be on the market.
The ruling is specific to three dicamba-based weed killers manufactured by Bayer, BASF and Syngenta, which have been blamed for millions of acres of crop damage and harm to endangered species and natural areas across the Midwest and South.
This is the second time a federal court has banned these weed killers since they were introduced for the 2017 growing season. In 2020, the Ninth Circuit Court of Appeals issued its own ban, but months later the Trump administration re-approved the weed killing products, just one week before the presidential election at a press conference in the swing state of Georgia.
But a federal judge in Arizona ruled late Monday that the EPA made a crucial error in re-approving dicamba, finding the agency did not post it for public notice and comment as required by law. US District Judge David Bury wrote in a 47-page ruling that it is a “very serious” violation and that if EPA did do a full analysis, it likely would not have made the same decision.
Bury wrote that the EPA did not allow many people who are deeply impacted by the weed killer – including specialty farmers, conservation groups and more – to comment.
The lawsuit was filed by farmer and conservation groups that said EPA violated two laws in its approval: the Federal Insecticide, Fungicide, and Rodenticide Act and the Endangered Species Act.
EPA spokesman Jeffrey Landis said the agency is still reviewing the ruling but declined to comment further.
“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,” said George Kimbrell, legal director of the Center for Food Safety, which litigated the case.
EPA proposes adding PFAS to hazardous waste cleanup law
By Shannon Kelleher
Federal regulators today announced a proposal to update the definition of hazardous waste in the Resource Conservation and Recovery Act (RCRA) to include a class of chemicals known as PFAS, a move designed to help ensure cleanups of these so-called “forever chemicals” at hazardous waste facilities.
The Environmental Protection Agency (EPA)’s proposed rules will also add nine per- and polyfluoroalkyl substances (PFAS) to a list of substances in the act that are considered in assessments of facilities used to treat, store, and dispose of hazardous waste. The updates will strengthen protections for communities located near the 1,740 hazardous waste facilities across the US, the Environmental Protection Agency (EPA) said in a statement.
“Today’s announcement by the EPA will ensure that quick action can be taken to clean up PFAS and will send a powerful signal to industry to be good stewards of their PFAS wastes,” said Scott Faber, senior vice president for government affairs at The Environmental Working Group nonprofit in a statement.
PFAS chemicals do not break down naturally and can leach into drinking water from industrial sites, sewage treatment plants, and landfills. PFAS have been found in at least 45% of US tap water and in the blood of about 97% of Americans. Exposure to the chemicals has been linked to numerous health problems, including certain cancers.
Over 700 military sites nationwide have been either found to have discharged or are suspected of having discharged PFAS into the environment, often from firefighting foam that contains the toxic chemicals.
Cancer in the corn belt sparks actions to fight farm chemical contamination
By Keith Schneider
When directors of the public water utility in Des Moines, Iowa, went to court in 2015 to try to stop toxic farm nutrients from contaminating the city’s drinking water, they knew the federal lawsuit they filed would be seen as not just a desperate step to protect public health, but also a brazen act of defiance that would provoke a ferocious response from Iowa’s powerful farm and political leadership.
As they anticipated, a cohort of agricultural interests joined then-Gov. Terry Branstad in beating back the lawsuit, which Branstad declared an act of “war on rural Iowa.”
Des Moines Water Works alleged that drainage districts in three Iowa counties had polluted the Raccoon River with nitrates, forcing costly efforts by Des Moines to render the polluted water safe for drinking. A The case was dismissed in 2017 after a court ruled that Iowa law immunizes drainage districts from damage claims.
It was the last time a government entity in Iowa or any other Corn Belt state made a focused attempt to reduce human exposure to suspected cancer-causing commercial fertilizers and a flood of livestock manure that routinely drains from farm fields into groundwater, streams, and rivers.
Until now.
Prompted by compelling research showing that cancer-related diseases and deaths are climbing as contamination from common agricultural chemicals and manure increases in key farm states, lawmakers and health officials in Iowa, Minnesota, and Nebraska are pursuing an array of new strategies aimed at reducing the risks to human health presented by the ongoing farm-related contamination.
A top concern for lawmakers and health professionals in the three states is reducing exposure to nitrates, which form when nitrogen from fertilizer and manure combine with oxygen. Babies can suffer severe health problems when consuming nitrates in drinking water, and a growing body of literature indicates potential associations that include an increased risk of cancer.
“It’s pretty obvious that in the areas where levels of nitrates and other agrichemicals in water are higher, you get more pediatric cancers and birth defects,” said Eleanor Rogan, chair of the Department of Environmental, Agricultural, and Occupational Health at the University of Nebraska Medical Center. “So that sort of tells you maybe you should do something about this and get the levels down.”
EPA rushed to issue 2020 dicamba approval despite scientific concerns, documents reveal
By Johnathan Hettinger
In December 2021, a small team of scientists working for the US Environmental Protection Agency (EPA) issued a stark report on a controversial weed killer that had been the subject of years of complaints from farmers and environmentalists.
Despite new restrictions, the government scientists confirmed that the damage from the weed killer known as dicamba was nearly impossible to contain; once sprayed onto targeted farm fields where genetically engineered crops were designed to withstand the chemical, dicamba then easily and frequently moved far off target to harm millions of acres of other crops and endangered species. The agency scientists concluded that because of these broad risks, it was doubtful that dicamba, used on tens of millions acres of cotton and soybean crops in the U.S., could legally be kept on the market.
“EPA has reason to believe the number of incidents reported significantly understates the actual number of incidents related to dicamba use,” the agency said at the time.
Despite the public acknowledgements of the problems posed by dicamba, the EPA has taken little action over the last two years to curtail its use. And now, as US farmers prepare for another growing season, dicamba spraying is expected to lead to costly crop damage on farms throughout the US Midwest and southern farming states, just as it has in prior years.
Documents obtained through an ongoing lawsuit against the EPA over its approval of dicamba show that the agency’s lack of action to address the documented harms of dicamba is in sharp contrast to the agency’s rush to renew approval of the chemical in 2020.
And, notably, the documents also show that the EPA’s urgency to grant the 2020 renewal came amid numerous meetings with executives from Bayer, the German company that bought Monsanto in 2018, inheriting Monsanto’s portfolio of weed killing products that included dicamba brands.
Biden hits the brakes on controversial gas export projects
By Shannon Kelleher
The Biden administration will temporarily pause pending applications for facilities that export natural gas, citing climate change considerations, the White House announced Friday.
The announcement, which comes after heavy pushback from environmental groups and affected communities along the Gulf, will put the brakes on eight new export terminals while the Department of Energy (DOE) reviews its approval process, including how to account for the impact of greenhouse gas emissions. The pause will not affect liquified natural gas (LNG) export terminals that are already operating.
“Today, we have an evolving understanding of the market need for LNG, the long-term supply of LNG, and the perilous impacts of methane on our planet,” said the White House in a statement. “We also must adequately guard against risks to the health of our communities, especially frontline communities in the United States who disproportionately shoulder the burden of pollution from new export facilities.”
“The pause, which is subject to exception for unanticipated and immediate national security emergencies, will provide the time to integrate these critical considerations,” the White House statement said.
LNG is made of methane, a potent contributor to climate change. While industry groups have called LNG “the cleanest of the fossil fuels,” new research from Cornell currently undergoing peer review suggests its total greenhouse gas emissions are higher than those from coal.
Heavy metal exposure linked to problems for middle-aged women
By Shannon Kelleher
Women with higher exposure to heavy metals may have fewer eggs in their ovaries as they near menopause compared to others the same age, a condition linked to hot flashes, weak bones, heart disease, and other health problems, according to a new study in more than 500 middle-aged women.
Exposures to cadmium, arsenic, and mercury, in particular, were linked to lower levels of a hormone that strongly correlates with the number of eggs left in a woman’s ovaries, according to the study, which was published Jan. 25 in The Journal of Clinical Endocrinology & Metabolism.
“Our findings suggest that even low exposure to these ubiquitous metals may influence women’s reproductive health,” said Sung Kyun Park, a professor of epidemiology and environmental health science at the University of Michigan and an author of the study.
“Although individual women may reduce exposure by avoiding foods contaminated with toxic metals and limiting the use of the known sources of metals, a more important approach is to reduce exposure at the population-level through legislation and regulations,” he added.
While heavy metals are known to have toxic effects on the reproductive system, little research has investigated whether exposure to low levels of these metals can influence how many eggs women have in their ovaries as they approach menopause, which begins for most women between the ages of 45 and 55.
“Epidemiological evidence is scanty,” said Park, noting that studies relying on animal models have shown a potential link between toxic metals and altered ovarian function.
Research ramps up but PFAS pollution remains tough to tackle
By Shannon Kelleher
As researchers rush to tackle global contamination from a class of toxic chemicals known as PFAS, a new study demonstrates a novel way to detect the substances in wastewater – but also underscores how far scientists are from figuring out how to effectively overcome this worldwide threat to human and environmental health.
The new method makes use of a sensor to identify one type of per- and polyfluoroalkyl substances (PFAS) called perfluorooctanoic acid (PFOA) in heavily contaminated water based on changes in light emissions from metals on the device’s surface, according to a Jan. 16 study in the journal Analytical Chemistry. The researchers plan to develop the early model in to a portable device, according to a press release.
Current PFAS detection methods take place in a laboratory using a tool called a mass spectrometer, which charges molecules in a sample and then accelerate them using magnetic or electric fields so that scientists can identify them.
“Existing approaches are time-consuming,” said Zoe Pikramenou, a professor at the University of Birmingham in the United Kingdom who is an author of the study. “Our approach offers significant advantages of greater speed, ease of analysis, and reduced cost over currently-used methods.”
The prototype can so far only measure one PFAS chemical out of thousands. And although the sensor appears to be sensitive enough to illuminate PFAS in industrial wastewater, it may take another decade before the technology can be used for drinking water, which contains much lower levels of the chemicals, said Pikramenou.
Many other promising new technologies to detect so-called “forever chemicals”, which do not naturally break down, remain in the early stages of development. The Biden administration has called on federal agencies to restrict PFAS from entering US water, air, land, and food; set goals for the government to better assess and reduce PFAS exposure; clean up existing pollution; and expand health effects information.
Postcard from California: Idle oil wells threaten health, climate and will cost billions to plug
By Bill Walker
Last June, at commencement ceremonies in the small, heavily Latino town of Arvin, Calif., proud graduates threw their caps in the air. But those gathered at the Arvin High School football field didn’t know there was something else in the air: potentially explosive levels of noxious methane gas leaking from an idle oil well only 400 feet away.
A week before, state inspectors had found that 27 idle wells around Arvin were leaking methane, the main constituent of so-called “natural” gas. More than half – including the well near the football field, which hadn’t produced oil since 1979 – were spewing concentrations of the combustible, colorless, odorless gas. But the community wasn’t told about the leaks until a meeting almost two weeks after graduation.
State regulators’ “woeful lack of enforcement led to the inevitable leaks in our neighborhoods that our communities have warned about for years,” Cesar Aguirre, an organizer with the Central California Environmental Justice Network, said in a press release. He said officials “callously told residents . . . not to worry, leaving them feeling defenseless and willfully put in harm’s way.”
Arvin is in Kern County, the center of California’s oil industry. But idled and leaking oil and gas wells are a statewide crisis whose scope – and the looming cost of closing them – is mind-boggling:
California has more than 35,000 idle wells – wells not in use for at least two years, but not properly plugged and closed – according to the state Geologic Energy Management Division, known as CalGEM. Scientists from Stanford University and the University of California estimate that two-thirds of idle wells are leaking.
A study for CalGEM by the California Council on Science and Technology (CCST) estimated that more than 5,500 wells are not only idle but may be “orphaned”: Their operators have gone bankrupt and walked away, leaving no one responsible for maintaining or plugging them. The group warned an additional 69,425 wells were in danger of becoming orphaned in the future.
A report last year by the nonprofit Carbon Tracker Initiative estimated the cost to plug and clean up California’s current and future idle and orphan wells at $13.2 billion to $21.5 billion.
Environmental groups ask court to reverse nuclear plant exemption
By Shannon Kelleher
Regulators violated federal law in granting an exemption to keep California’s last nuclear power plant operating past 2025, when the 40-year-old plant was originally set to shutter operations, environmental groups argued in a court hearing this week.
The Nuclear Regulatory Commission (NRC) could only legally grant Pacific Gas & Electric Power Co. (PG&E), the plant’s operator, an exemption from a license renewal rule in the Atomic Energy Act if the agency expressed confidence that there was time to conduct environmental and safety reviews and to hold a public hearing before the reactors’ licenses expired, Diane Curran, counsel to the local nonprofit San Luis Obispo Mothers for Peace, told a three-judge panel hearing the case in the 9th Circuit Court of Appeals.
“If they don’t make that finding, they’re putting public health and safety at risk without justification,” Curran told the court. “The safety guardrails that the Atomic Energy Act puts on nuclear reactors can’t be just thrown out the window, which has happened here. The NRC has never abandoned its original finding that to operate a reactor past 40 years raises new and significant safety concerns that need to be addressed in the license renewal process.”
San Luis Obispo Mothers for Peace, Friends of the Earth (FOE) and the Environmental Working Group (EWG) filed a lawsuit against the NRC in June, alleging that the agency violated the Atomic Energy Act when it issued the exemption. The groups have raised concerns about safety issues at the Diablo Canyon power plant, including deteriorating equipment and earthquake risk.
As Biden awards nearly $1 billion for electric school buses, can utilities keep up?
By Johnathan Hettinger
The largest form of mass transit in the US is getting an overhaul – as long as utility companies can keep up.
The Biden administration this week announced nearly $1 billion for 2,700 cleaner school buses across 37 states in an attempt to curb fossil fuel pollution and improve children’s health. The vast majority of the $965 million, which is awarded by the US Environmental Protection Agency (EPA), went to electric school buses that are supposed to replace older diesel buses.
“As the wheels of the new, electric school buses go round and round, carbon emissions and pollution are going to keep going down and down,” said Senate Majority Leader Chuck Schumer in an EPA statement.
The funding for the five-year, $5 billion Clean School Bus Program comes through the 2021 Bipartisan Infrastructure and Jobs Law. So far, the program has invested nearly $2 billion to fund around 5,000 electric and low-emission school buses. In this week’s award, 86% of funding went to low-income, tribal or rural communities. But the rollout of electric school buses faces some practical challenges, according to the EPA’s Office of Inspector General (OIG), which released two reports about the program last month.
While the EPA’s top watchdog found that supply chain issues are not likely to arise because companies are ramping up production, the watchdog raised concerns about utility providers’ abilities to upgrade infrastructure.
“The increased demand on manufacturers and utility companies may impact the timeliness of replacing diesel buses and ultimately may delay program health and environmental benefits,” the report said.
The biggest hurdle to the electric fleet is how quickly utility companies can build infrastructure for the buses, the EPA said in another recent report. Bus chargers often lead to a need for new transformers, electrical lines and switch changers, according to the report. In order to be successful, school districts need to plan ahead, the EPA said.
“One utility company we interviewed stated while it had experience with electric vehicles and buses, it did not have experience at the projected scale,” said the report. “One utility company explained that it could take nine months to two years to complete construction.”