Pressure grows to close controversial Napa Valley landfill
By Shannon Kelleher
A coalition of environmental groups are pushing California officials to close a Napa Valley-area landfill that has been the site of repeated regulatory violations and is suspected of sending toxic chemicals into local waterways, which drain into the river that irrigates the valley’s famous vineyards.
In an Aug 12 letter, six local nonprofit organizations called on officials overseeing waste management and water quality to shut down the Clover Flat Landfill and the related garbage collection recycling and composting operation called Upper Valley Disposal Services (UVDS).
The landfill is “long overdue to move its waste operations to a safer, less environmentally sensitive location,” the groups wrote.
The letter was signed by Sierra Club Redwood Chapter, Non-Toxic Neighborhoods, Napa Vision 2050, Institute for Conservation Advocacy Research & Education, Preserve Rural Sonoma County, and Save Napa Valley Foundation, as well as Geoff Ellsworth, the former mayor of the St. Helena community, and local activist Anne Wheaton.
Last year, a group of more than 20 former and then-current employees of Clover Flat and UVDS filed a formal complaint to federal and state agencies, including the US Department of Justice, alleging “clearly negligent practices” in management of “toxic and hazardous materials at UVDS/CFL over decades”.
The employees cited “inadequate and compromised infrastructure and equipment” that they said was “affecting employees as well as the surrounding environment and community.”
Clover Flat Landfill and UVDS are owned by Waste Connections, a large national waste management company.
The Napa Valley wine industry has not publicly expressed concern about pollution from the landfill.
Movement to limit CAFO pollution seen strengthened by Michigan court ruling
By Keith Schneider
A recent state court decision could transform how animal agriculture is regulated in Michigan, and potentially influence how other state and federal regulators oversee the industry’s mammoth waste stream, according to environmental lawyers and activists.
The optimism from environmental advocates comes after the Michigan Supreme Court ruled on July 31 that the state’s Department of Environment, Great Lakes, and Energy (EGLE) has full authority to require industrial animal agriculture to take much stronger actions to manage the torrent of manure waste polluting waterways. The closely watched case pit the administration of Michigan Gov. Gretchen Whitmer against the powerful agricultural industry, led by the Michigan Farm Bureau.
“The decision is extremely powerful language for EGLE to act,” said Carrie La Seur, the legal director of For Love of Water, an environmental law and policy group that intervened on behalf of the state. “It’s clear that EGLE gained a lot of authority through this ruling.”
Michigan is one of many US states contending with rampant ground and surface water pollution caused by agricultural production. A key source of the pollution are the nation’s more than 21,000 large dairy, cattle, hog, and poultry operations, known as Concentrated Animal Feeding Operations or CAFOs.
The nationwide problem extends across the ocean. On Aug 9, the Center for Food Safety environmental group gave legal notification to a Hawaii “megadairy” of their intention to file a lawsuit in federal court. The allege the dairy has been illegally “discharging animal waste, solid manure, liquid manure, milk waste, and chemical pollutants” into the state’s waterways and into the Pacific Ocean.
Deadline looms for California airports to stop using PFAS firefighting foams
By Benjamin Purper
A majority of California airports known to be contaminated with toxic PFAS chemicals are continuing to rely on PFAS-laden foams for firefighting, despite a looming state deadline to phase out the foams due to the risks they pose to human and environmental health.
Only four out of 30 contaminated airports in the state have confirmed that they have stopped using foams containing per- and polyfluoroalkyl substances (PFAS) – also known as “forever chemicals” – and moved to a PFAS-free alternative. The majority are still struggling to transition, The New Lede has learned.
Though there is some indecision by state officials over the deadline for compliance, the airports could potentially face civil action against continued use of the PFAS-containing foams after September.
On Thursday, state Senator Ben Allen sent a letter to the California’s Office of the State Fire Marshal (OSFM) stating that the airports should halt all use of the foams by Sept. 13 at the latest to be in compliance with state law.
“We can no longer delay our transition away from these dangerous forever chemicals,” Allen told The New Lede. “I look forward to working closely with the State Fire Marshal over the next month to ensure a smooth transition to a cleaner future.”
The OSFM has indicated, however, that an additional grace period may be allowed. The agency said in an emailed statement that it will provide airports with “expected” final compliance dates after it receives updated information from the Federal Aviation Administration (FAA) about new foam alternatives.
Exposure to PFAS has been linked to numerous health issues, including cancer, liver damage, developmental damage to infants, and other health problems. The federal government has said that “tackling PFAS” pollution is a “top priority.”
Peel those apples: New study confirms washing doesn’t remove pesticide residues
By Carey Gillam
A new scientific report lends weight to consumer concerns about pesticide residues on food, presenting fresh evidence that washing fruits before eating them does not remove various toxic chemicals commonly used in agriculture.
The paper, authored by Chinese researchers and published Wednesday in the American Chemical Society’s journal Nano Letters, comes amid ongoing debate over the extent of pesticide contamination of food, and the potential health risks associated with a steady diet that includes residues of weed killing chemicals, insecticides and other farm chemicals.
In May, Consumer Reports said it had determined that 20% of 59 different fruit and vegetable categories carried pesticide residues at levels that posed “significant risks” to consumers, based on an analysis of data gathered by the US Department of Agriculture (USDA).
The central point of the new paper is primarily to share the technical details of a process the authors developed allowing for enhanced trace detection of pesticides in foods. But the underlying finding about the ineffectiveness of washing fruit is important for consumers who may be relying on food safety practices that are insufficient, the authors said.
Traditional “fruit-cleaning operations cannot wholly remove pesticides,” the paper states.
When using the technique to examine an apple, for instance, the researchers said the “imaging results prove that the pesticides penetrate the peel layer into the pulp layer.”
Using the technology they developed, the authors said they found the pesticide contamination diminished when the apple peel was removed along with some of the pulp layer.
“This study, situated within the expansive realm of food safety, endeavors to furnish health guidance to consumers,” said Dongdong Ye, a professor with the School of Materials and Chemistry at Anhui Agricultural University and an author of the paper. “Rather than fostering undue apprehension, the research posits that peeling can effectively eliminate nearly all pesticide residues, contrasted with the frequently recommended practice of washing.”
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.