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California bill to ban food dyes in schools may have nationwide impact
By Shannon Kelleher
A bill that would ban six food dyes linked to childhood learning problems from meals served at California public schools is close to passage and could bolster efforts to make foods safer across the US, according to proponents.
The measure has garnered strong bipartisan backing and is likely to reach the governor’s desk by the end of August, California Assemblymember Jesse Gabriel said at a press conference on Tuesday. Gabriel introduced the California School Food Safety Act (AB 2316) in March.
AB 2316 advanced through the Senate Health Committee last month and passed the California Senate Education Committee in June with a unanimous vote. The Senate Appropriations Committee is expected to decide next week whether to send it to the Senate Floor, according to Gabriel.
The dyes in question are used to give some beverages, desserts and cereals vibrant colors but don’t impact how the products taste. They account for two-thirds of the certified color additives the US Food and Drug Administration (FDA) has approved for use in food.
Due to the nature of the supply chain, manufacturers are unlikely to make one version of a food product for California and a different version for other states, so the measure could have a nationwide impact, Gabriel said.
The bill is not a ban on any foods, he said, because there are readily available substitutes for each additive and the same products are available in Europe without the harmful chemicals.
EPA issues rare “emergency” suspension of dangerous weed killer
By Benjamin Purper
The US Environmental Protection Agency (EPA) on Tuesday said it was taking the rare step of issuing an “emergency suspension” of a chemical used to kill weeds on farms, golf courses and athletic fields, citing risks to unborn children.
The pesticide dimethyl tetrachloroterephthalate, known as DCPA or Dacthal, has been the subject of regulatory scrutiny for the last several years amid growing evidence of health harms from exposure.
“DCPA is so dangerous that it needs to be removed from the market immediately,” Michal Freedhoff, assistant administrator for the EPA Office of Chemical Safety and Pollution Prevention, said in a press statement. “It’s EPA’s job to protect people from exposure to dangerous chemicals. In this case, pregnant women who may never even know they were exposed could give birth to babies that experience irreversible lifelong health problems.”
Freedhoff said the suspension marks the first time in almost 40 years that the agency has used its emergency suspension authority to block continued use of a pesticide.
DPCA is primarily used on crops including broccoli, Brussels sprouts and cabbage, but it is also used in some non-agricultural settings including golf courses and athletic fields.
Today’s decision comes after years of research and smaller actions by the EPA to limit the impact of DCPA on public health. In April, the agency issued a rare warning that the pesticide posed “serious, permanent and irreversible health risks,” especially to farmworkers involved in tasks such as transplanting, weeding and harvesting after the pesticide has been applied.
The EPA said DCPA poses the highest risk to developing babies of pregnant mothers exposed to the pesticide, leading to conditions including low birth weight, impaired brain development, decreased IQ, and impaired motor skills later in life.
Postcard from California: Big Oil is not dead yet
By Bill Walker
As California advances toward its goal of virtually eliminating the use of fossil fuels in 20 years, the state has dealt the oil and gas industry a barrage of body blows.
Four years ago, Gov. Gavin Newsom ordered a ban on the sale of new gasoline-powered cars and trucks starting in 2036, while diesel-powered freight trucks will be outlawed by 2042. A 2022 law banned new oil and gas drilling near homes, schools and hospitals, and Newsom has directed regulators to end to all drilling in the state by 2045.
Last year, California also established a watchdog agency to monitor the state’s petroleum industry for alleged price-gouging at the pump, among other consumer protection provisions. And State Attorney General Rob Bonta filed a sweeping lawsuit against five of the world’s biggest oil companies for their decades-long coverup of the climate impact of burning fossil fuels.
The industry whines that the Newsom administration wants to put it out of business, and headlines declare that it faces the “end of the road” in California.
But Big Oil is not dead yet.
Michigan notches a victory in effort to rein in polluting farm waste
By Keith Schneider
In a rare rebuke to the industrial farm sector, the Michigan Supreme Court this week ruled that state environmental regulators have full authority to require livestock and poultry operations to improve their handling of billions of pounds of manure that contributes to contamination of waterways.
The 5-2 decision issued Wednesday is one of the most significant environmental protection measures in Michigan in years. It comes after four years of battles between state officials and operators of poultry and hog feeding operations and large dairies over regulatory efforts to reduce agriculture-related water pollution. Farm-related nitrates and phosphorus have fouled Lake Erie and other state waters for decades.
The court’s decision recognizes that the Michigan Department of Environment, Great Lakes, and Energy (EGLE) not only has the power but also has the obligation under state and federal law to issue permits aimed at cleaning up Michigan’s water keeping it free of dangerous pollutants, said Rob Michaels, managing attorney of the Chicago-based Environmental Law & Policy Center, one of eight environmental organizations that filed a brief in support of the state.
The ruling is a rare defeat for industrial agriculture interests, particularly the Michigan Farm Bureau, which is supported by the major state associations for milk, pork, and poultry producers. The bureau did not respond to requests for comment.
“In the context of factory farms taking over rural areas there is, finally, recognition that regulatory bodies have authority for managing nutrient and animal waste pollution,” said Liz Kirkwood, executive director of For Love of Water, a water law and policy center that intervened in support of the state. “It’s huge.”
The Supreme Court ruling stems from a permit issued by EGLE in March 2020 directing the state’s largest meat, milk and egg producers to improve practices for managing manure and other wastes produced by 291concentrated animal feeding operations, or CAFOs. Twenty years, ago, fewer than 50 operated in the state.
Michigan ranks sixth nationally in dairy production with 440,000 cows on 900 farms. Michigan also has 1.2 million hogs, 62 million broiler chickens, 53 million turkeys, and 65 million chickens laying eggs. The animals generate an estimated 4 billion gallons of liquid manure and 60 million tons of solid manure on fields annually, according to EGLE. Operators are not required to treat their livestock waste before they spread the tide of liquid feces and urine on fields.
Legal battle over fossil fuels and climate heats up
By Dana Drugmand
As climate change fuels increasingly damaging extreme weather events across the United States, litigation is growing against fossil fuel companies accused of being to blame for the devastation. But a series of recent legal moves by the industry and mixed judicial decisions underscore the challenges that local and state government plaintiffs face in the multi-billion-dollar battle.
Just last month, the industry scored a significant win when a Maryland circuit court judge tossed out a six-year-old climate liability case against more than two dozen of the world’s largest fossil fuel companies. The case, filed in 2018 by Baltimore officials, accused the companies of hiding the climate-harming impacts of their products, causing rising sea levels, severe storms, flooding, heatwaves and other “dire effects on the world.”
The fossil fuel companies successfully argued, however, that because the legal claims center on global greenhouse gas emissions, they stretch beyond the bounds of state laws. Greenhouse gas emissions from fossil fuels are regulated by the US Environmental Protection Agency (EPA), and federal law – particularly the Clean Air Act – preempts state law claims pertaining to those emissions, according to the industry.
“Regulation of interstate and international greenhouse gas emissions is beyond the role of state law,” Phil Goldberg, special counsel for an industry initiative working to combat climate litigation, said in a statement.
EPA has failed to protect consumers from PFAS-laced containers, lawsuit alleges
By Shannon Kelleher
US regulators have failed to protect the public from millions of plastic containers that contain toxic PFAS chemicals, which can leach into pesticides, condiments, household cleaners, and many other products, alleges a lawsuit filed this week by environmental groups.
The lawsuit, filed Thursday in the US District Court for the District of Columbia, alleges that the US Environmental Protection Agency (EPA) violated the Toxic Substances Control Act (TSCA) by neglecting to demand that manufacturers stop making containers using a fluorination process that results in per-and polyfluoroalkyl substances (PFAS).
When the EPA proposed drinking water regulations for six PFAS chemicals in March 2023, the agency stated it had determined there is no safe level of perfluorooctanoic acid (PFOA), and that this type of PFAS is likely to cause cancer. Under the TSCA, the agency had six months to start addressing PFOA’s presence in plastic containers but failed to do so, allege the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER).
“EPA’s failure to protect the public from exposures to toxic PFOA in their daily lives is inexcusable and reflects a severe leadership deficit at the agency,” said Kyla Bennett, science policy director for PEER, in a statement.
The EPA declined to comment, citing pending litigation.
PFOA is one of thousands of PFAS chemicals, which do not break down naturally in the environment and are found in the blood of most Americans. PFAS are in many everyday products, including nonstick cookware, dental floss, rain gear, and makeup.
The perils of plastics extend to our pets
By Aidan Charron
By now, you’d practically have to be living on Mars not to have heard about the health risks associated with plastics and the toxic chemical cocktail used to produce them.
Almost all plastics are derived from fossil fuels and have been found to contain over 16,000 chemicals, many of which are considered hazardous. Shockingly, despite evidence of harm, the US regulates only six percent of chemicals used to produce plastic, leaving potential health risks from most of the chemicals unchecked.
As plastics break down, they don’t disappear – they degrade into smaller pieces known as microplastics. When we eat, drink, or inhale microplastics, they leach plastic chemicals directly into our bodies.
To bring attention to these dangers, EARTHDAY.ORG released a report last November, Babies VS. Plastics, highlighting infants’ heightened plastics exposure and vulnerability to health risks. It makes for grim reading: microplastics and their additive chemicals are linked to interruptions in maternal-fetal communication, damaged DNA, attention deficit hyperactivity disorder (ADHD), autism, early onset puberty, and some forms of cancers.
Writing that report, I discovered that crawling on the floor puts babies at increased risk of inhaling microplastics in household dust. And since babies chew on everything, they are also more likely to ingest microplastics. The report made me wonder about my own plastics exposure, and about my two rescue dogs, Buzz and Sally. Since dogs and cats crawl on the floor and chew on everything their whole life span, are pets, like babies, especially vulnerable to microplastics?
Pesticide exposure as risky as smoking, study finds
By Shannon Kelleher
People who don’t farm, but live in US agricultural communities where pesticides are used on farms, face an increased cancer risk as significant as if they were smokers, according to a new study.
The study, published July 25 in the journal Frontiers in Cancer Control and Society, analyzed cancer incidence data from nearly every US county and looked at how that data corresponded to federal data on agricultural pesticide use. Researchers reported that they found the higher the pesticide use, the higher the risk for every type of cancer the researchers looked at.
“Agricultural pesticide usage has a significant impact on all the cancer types evaluated in this study (all cancers, bladder cancer, colon cancer, leukemia, lung cancer, non-Hodgkin’s lymphoma, and pancreatic cancer); and these associations are more evident in regions with heavy agricultural productivity,” the study states.
“Pesticide-associated cancers appear to be on par for several smoking-associated cancer types,” the study states. It has been well established that smoking increases cancer risk, with at least 70 of the thousands of chemicals in tobacco smoke considered carcinogens.
The findings add to a wealth of research on pesticides and human health risks that point to shortcomings in US pesticide regulations, said Dana Barr, and environmental health researcher at Emory University who was not involved in the study.
“Right now, I don’t think the regulations for pesticides are the most health-protective, and they seem to presume that a chemical is safe until it is proven toxic, not the other way around,” she said. “I do think we need policy reform that puts the onus on the manufacturers to do a better job of evaluating safety before allowing new registrations.”
PFAS increasingly added to pesticides, study finds
By Shannon Kelleher
Despite widespread alarm about the health and environmental impacts of toxic PFAS, the chemicals are increasingly being added to pesticides applied in homes and crops across the US, according to a new study.
The findings, published July 24 in the journal Environmental Health Perspectives, add to growing concerns about PFAS contamination in the US food system and waterways and highlight pesticides’ “underappreciated” role in the problem, said David Andrews, a senior scientist at the Environmental Working Group and an author of the study
The study revealed that per- and polyfluoroalkyl substances (PFAS) account for 14% of all active ingredients in pesticides used in the US, including almost one-third of active ingredients approved in the last decade. Even when PFAS are not intentionally added to these products, the fluorinated containers in which they are stored have been found to leach PFAS into their contents, the study concluded.
“This is truly frightening news, because pesticides are some of the most widely dispersed pollutants in the world,” Nathan Donley, the environmental health science director at the Center for Biological Diversity and an author of the study, said in a statement. “Lacing pesticides with forever chemicals is likely burdening the next generation with more chronic diseases and impossible cleanup responsibilities.”
The authors reviewed pesticide data from the US EPA, the US Geological Survey, and the Canadian Pest Management Regulatory Agency, as well as publicly available databases, finding that PFAS-laced pesticides are regularly used nationwide on staple crops including corn, wheat, kale, spinach, apples and strawberries. PFAS are also common ingredients in flea treatments for pets and sprays to kill insects, they found.
The study comes on the heels of a petition delivered to the US Environmental Protection Agency (EPA) on Monday by the Center for Food Safety and other nonprofits, asking the agency to ban PFAS in pesticides.
A battle in rural Midwest as farmers fight carbon capture pipeline
By Nina Elkadi
Kathy Stockdale and her husband have spent almost 50 years working the land in central Iowa. As a family farmer raising corn and soybeans, Stockdale knows how to deal with harsh weather, poor crop prices, and an array of other challenges that come with a making a living in agriculture.
But the operation she has spent a lifetime cultivating now faces a threat unlike any Stockdale has previously faced: Developers are planning to carve through her property with a pipeline carrying hazardous CO2 gas from ethanol plants, and there is little she can do to stop them.
The pipeline would run a mere 700 feet from Stockdale’s front doorstop and would create a barrier between the home she shares with her husband and the nearby home where her son lives. The farm’s soils and wetlands would be forever altered by the pipeline intrusion, and if the pipeline were to rupture, the damage could be catastrophic, Stockdale fears.
“It consumes your thoughts. You don’t sleep. You ask any of the landowners who have been fighting this, it’s been hard, it’s been stressful,” she said.
The Stockdales are among many farm families in Iowa and four other Midwestern states fighting to kill the pipeline, which was proposed three years ago by Summit Carbon Solutions (SCS) as the “world’s largest carbon capture and storage project.” SCS had initially planned to start operating the 2,500-mile pipeline network, dubbed the Midwest Carbon Express, this year. But opposition across the rural Midwest has delayed the project.