Johnathan Hettinger

About Johnathan Hettinger

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May 3, 2024

Bayer asks EPA to again approve twice-banned weed killer

After multiple court-ordered bans, Bayer AG is once again asking the US Environmental Protection Agency (EPA) to approve the controversial weed killer dicamba for use on genetically modified crops, the EPA announced this week.

Dicamba has been responsible for millions of acres of damage to crops and natural areas since it was initially approved to be used starting in 2017 on genetically modified (GM) crops altered to withstand being sprayed with the herbicide. Farmers whose crops were not genetically modified suffered the damage, largely because the new uses for dicamba induced farmers to apply it during summer months when the chemical easily volatilized and drifted far from where it was applied.

Before the new use approvals, dicamba was primarily used before the growing season because of its volatility. But after the EPA agreed to industry requests to market dicamba herbicides to farmers for use during warm months on the specialized GM crops, farmers not planting the dicamba-tolerant GM crops registered thousands of complaints across multiple key farming states about dicamba damage.

In its request for fresh approval, Bayer, the German conglomerate that inherited dicamba in its 2018 acquisition of Monsanto, is now asking the EPA for more limits on the weed killer. Bayer is proposing, for example, that dicamba use be not allowed after soybean crops have emerged from the ground or after June 12. However, Bayer’s proposal still allows for cotton to be allowed throughout the summer. The proposal also limits the overall amount of dicamba allowed to be used, compared to previous EPA approvals.

April 30, 2024

Despite ban, EPA grants ’emergency’ approval for bee-killing insecticide for 10th straight year

By Johnathan Hettinger

US regulators have approved the emergency use of clothianidin on Florida citrus trees for the tenth straight year, once again allowing farmers to use the insecticide despite its known risk to endangered species and pollinators critical to the health of the food supply.

Since 2015, the Environmental Protection Agency (EPA) has had a moratorium on new uses of neonicotinoid insecticides, including clothianidin, because of evidence that the class of pesticides is linked to pollinator decline. Neonics have been shown to be particularly harmful to bees, which help pollinate important crops, such as vegetables, nuts, cotton and more.

In a 2023 analysis, the EPA found that clothianidin and other neonics are driving hundreds of species protected under the Endangered Species Act toward extinction. Neonics are banned in Europe, and the EU has proposed essentially banning clothianidin on crops imported into the EU.

Despite the concerns, the EPA has continually allowed farmers in Florida to drench the soil surrounding citrus trees with clothianidin to help fight an insect called Asian citrus psyllid, which spreads a disease the industry calls “citrus greening.” The EPA renewed that exemption last week. Florida’s citrus production has seen a steep decline over the last 20 years due largely to the dreaded disease.

“It is the no. 1 issue in citrus, probably in the world,” said Lauren Diepenbrock, an assistant professor & citrus entomology extension specialist at the University of Florida. In the past 20 years, Florida citrus production declined from 300 million boxes in 2003-04 to under 20 million boxes in 2022-23.

April 24, 2024

US health advocacy groups support Mexico in GMO trade dispute

By Johnathan Hettinger

More than a dozen North American organizations have weighed in to support Mexico in its trade dispute with the United States over Mexico’s ban of genetically modified (GM) corn, agreeing that the nation has the right to protect human health from food ingredients it considers hazardous.

“The burden of proof, so far generated for Mexico, [should] be reversed. It should be the United States that proves that there is no long-term risk to human health from the direct consumption of [genetically modified corn], in the particular case of the Mexican consumption pattern,” Mexico-based El Poder del Consumidor, a consumer rights association, wrote in comments filed earlier this month.

In the series of recent filings submitted to the United States-Mexico-Canada Agreement secretariat, only one group, the US-based Biotechnology Innovation Organization (BIO) defended the United States’ position that Mexico is violating trade agreements by banning the corn for foods for human consumption. Bayer AG, which bought GMO crop developer Monsanto in 2018, is a BIO member as are other companies that make and sell GMO seeds and agrochemicals.

The Canadian government also defended the US position. Both Canada and the US accuse Mexico of failing to base its decision on GMO corn on valid scientific research. The governments say science shows GMO corn is not a threat to human health. Mexico disagrees, and says that solid research does show risks to humans from foods made with genetically altered corn. Mexico also objects to GMO corn for environmental and cultural reasons.

“There is a basis in the Mexican legal framework that makes it necessary for the Mexican government to transition away from GM corn to protect its people,” Javier Zuñiga, an attorney with Mexico-based El Poder del Consumidor, said in a webinar held on Tuesday. “It guarantees the right to live in a healthy way.”

Mexico is also working to ban glyphosate, the active ingredient in Bayer’s Roundup weedkiller and other herbicides. Glyphosate is commonly used on genetically modified crops, including corn. The ban on glyphosate in Mexico was set to go into effect April 1, but was delayed indefinitely last month.

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April 23, 2024

Not just Mexico – US worries over barriers to agricultural trade across the world

By Johnathan Hettinger

From Algeria to Vietnam, Norway to Nigeria, and the European Union to China, regulation of agriculture biotechnology by countries around the world is creating increasingly concerning barriers to US agriculture and technology trade, according to a recent report from the Office of the US Trade Representative (USTR).

The report shows the US government is highly concerned about what it sees as inconsistent and unscientific regulation of farm chemicals and genetically modified crops that are widely used in the United States but are subjects of concern abroad. Farmers in the United States annually spray millions of pounds of pesticides that are banned in other countries, including the EU, China and Brazil.

Among other concerns, the US cites “excessive” requests for data on certain products and expresses frustration that the EU seeks to ban pesticides until they are proven safe, instead of approving pesticides until they are proven unsafe.

In a 394-page report, the USTR detailed a range of concerns with specific countries, including those related to its ongoing bitter battle with Mexico over genetically modified crops (GMOs).

Mexico has not approved a new genetically modified cotton variety since at least 2018, the report notes, despite the cultivation of GMO cotton in Mexico for more than 25 years “with no evidence of adverse impact on the environment, biodiversity, or animal or plant health.” US officials are continuing to press the country on the issue, just as they are on Mexico’s restrictions on GMO corn. The US has also battled with Mexico over its efforts to ban glyphosate weed killer, developed by Monsanto.

In another example cited in the report, the US government complains that Taiwan’s decision to ban genetically modified food in school meal programs is not based on science.

Yet, the document makes it clear that the question of science is also a concern in the countries at odds with the US. Many other countries have expressed concern with what they see as the United States’ lax pesticide laws, driven not by science but by corporate influence.

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April 17, 2024

Dire threats seen for America’s ‘most endangered’ rivers

By Johnathan Hettinger

Rivers from Arizona to Alaska, Mississippi to Connecticut, and California to the Carolinas face dire threats from climate change, overdevelopment, pollution and water scarcity, according to a new report released by American Rivers this week.

But this year, the most endangered river isn’t a single one — it’s all of the streams in the entire state of New Mexico, according to the report.

The environmental nonprofit, which focuses on river health and publishes an annual list of most endangered waterways in the US, found that New Mexico is the state most likely to be impacted by a US Supreme Court ruling issued last year in the case of Sackett v. EPA, which stripped federal clean water protections for small streams and wetlands across the country.

The Sackett ruling found that the Clean Water Act only applies to continuous and permanent surface waters, meaning that seasonal rivers and wetlands that aren’t directly connected to rivers aren’t covered by the federal law. Instead, it’s up to states to regulate these bodies of water, which account for more than half of all wetlands and streams in the US.

“These streams and wetlands are the beginning of all of our rivers. And all of that water is connected, so when we lose the protections in our headwaters, those wetlands and streams, our rivers are threatened and the long-term quality of your drinking water will likely be harmed,” Tom Kiernan, president and CEO of American Rivers, said in a video released about the list.

In New Mexico, that means the majority of streams are left unprotected because the state does not have a permitting process in place. That could mean dire downstream consequences for rivers, including the Gila, San Juan, Pecos and Upper Rio Grande.

“People depend on this water. We have depended on this water for hundreds of years. This is our tradition, this is our culture. We don’t want to be a people that loses its traditions because we haven’t taken the right steps to protect our rivers,” Vicente Fernandez, acequia mayordomo and community leader, said in a press release.

April 1, 2024

Concerned about developing babies, EPA warns about danger of weed killer used on farms, golf courses

By Johnathan Hettinger

The US Environmental Protection Agency (EPA) on Monday took the rare step of issuing a warning about “serious, permanent, and irreversible health risks” associated with a chemical used to kill weeds on farms and golf courses and athletic fields.

Citing “significant health risks to pregnant individuals and their developing babies,” the agency said farmworkers and others handling dimethyl tetrachloroterephthalate, more commonly known as DCPA, were at risk, as are people who might play on courses or fields recently sprayed with the pesticide.

The most serious risks extend to the developing babies of pregnant women, especially those handling DCPA products. The agency said pregnant women exposed to DCPA could experience changes to fetal thyroid hormone levels, which are linked to low birth weight, impaired brain development, decreased IQ, and impaired motor skills later in life. Though product labels say people should stay out of fields for 12 hours after they are sprayed with DCPA, the EPA said evidence indicates that in many cases, sprayed fields would be unsafe for 25 days or more. The agency additionally said that mothers and their developing babies could be at risk if they live near areas where DCPA is used because the pesticide can drift.

“EPA has determined that currently registered products containing the herbicide DCPA likely cannot be used under current label directions without posing serious risks of concern in humans,” Ed Messina, director of the Office of Pesticide Programs, stated in a letter to AMVAC, a California-based company that is the sole manufacturer of the pesticide.

The product is primarily used to control weeds on crops such as broccoli, Brussels sprouts, cabbage and onions, though it is also used in some non-agricultural settings. Last year, AMVAC agreed to end its use on turf, citing health concerns.

The EPA is currently reviewing whether to reapprove DCPA. Though the agency rarely takes the step of canceling a pesticide, it is considering that route, including suspending DCPA during review process, the agency said.

“Due to the serious potential risks posed by DCPA use, EPA will be pursuing these regulatory options as soon as practicable,” Messina wrote in the communication to AMVAC.

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March 21, 2024

‘We are defending your products:’ Emails reveal coordination between US government, industry in foreign trade disputes

By Johnathan Hettinger and Carey Gillam

Against the backdrop of a fierce battle between the United States and Mexico over the safety of certain farming products, newly obtained government communications provide fresh evidence of how powerful corporate interests often drive US officials to meddle in foreign affairs.

The records are the latest to emerge that show how tightly the US government works with global crop and chemical companies to try to block other governments around the world from placing restrictions on pesticides and, as in the case of Mexico, on certain genetically modified crops.

The US is currently embroiled in a bitter trade battle with Mexico, but also has waged war against Thailand and the European Union over efforts to ban pesticides that are key to the corporate profits of companies such as Bayer and Syngenta.

The newly obtained emails add to earlier revelations, also found in government records, by providing greater detail about how the Office of the US Trade Representative (USTR), the federal agency responsible for American trade policy, works to benefit agrochemical companies while shrugging off evidence presented by foreign governments that pesticides are posing dire risks to the safety of their environment and their citizens.

Similarly, the US Department of Agriculture (USDA) and the US Environmental Protection Agency (EPA) are shown in the emails helping push back against countries that try to ban pesticides linked to human health issues and the demise of crucial species.

The latest batch documents were obtained through Freedom of Information Act requests by the nonprofit Center for Biological Diversity and provided to The New Lede (TNL).

“Trade now poses one of the biggest barriers to keeping pesticides in wide use in the US, and pesticide companies are taking notice,” said Nathan Donley, a senior scientist at the Center for Biological Diversity. “The US can’t keep using pesticides at this rate if other countries won’t buy our contaminated food, so the focus has now turned to quashing any attempt by smaller countries to protect their citizens and their food supply.”

“The push is coming from the US government but it’s at the behest of pesticide companies,” he said. “It’s basically soft imperialism with our government as the puppet and large corporations pulling the strings.”

February 29, 2024

Report finds EPA failing to do its job amid thousands of Seresto flea and tick collar complaints

By Johnathan Hettinger

The Environmental Protection Agency (EPA) has not properly reviewed the safety of a popular flea and tick collar that has been linked to more than 3,000 pet deaths, according to the agency’s top watchdog.

The EPA’s Office of Inspector General (OIG), an independent office in the agency tasked with holding the agency accountable, published a report on Thursday calling on the EPA to make a proper, science-based decision on the Seresto product and improve its processes for making safety determinations for pet products..

The report found that the agency has not conducted or published animal risk assessments as it promised to do, and continues to rely on an inadequate 1998 companion animal safety study.

Seresto pet collars work by releasing two active ingredients, the pesticides flumethrin and imidacloprid. The OIG found that the EPA has failed to properly review those active ingredients, including in a new analysis last year.

At a Congressional hearing in June 2022, pet owner Faye Hemsley, of Pennsylvania reported that her dog, Tigger, began to suffer from neurological issues, including his head drooping and a loss of energy, before dying five days after she first put the Seresto collar on him.

Thomas Maiorino, of New Jersey, also testified at the hearing that his family’s dog, Rooney, suffered neurological issues and eventually a seizure, after wearing Seresto. They eventually decided to put the dog down. Many other pet owners reported neurological issues in their animals, including seizures, as well as pet deaths.

The collars have been the subject of more than 105,354 incident reports, including the 3,000 pet deaths, more than any other EPA regulated product in history, according to the EPA’s incident database. From 2012 through 2022, the EPA received more than 100,000 incident reports related to the collars, including more than 2,500 pet death reports and nearly 900 reports of human pesticide incidents related to the Seresto pet collars.

February 28, 2024

New report questions USDA support for certain climate “smart” practices

A new analysis of US Department of Agriculture (USDA) funding for “climate-smart” conservation practices argues that several are unlikely to actually have climate benefits and one may even increase harmful emissions, though government officials say the analysis is deeply flawed and based on “incorrect assumptions.”

With nearly $20 billion from the Inflation Reduction Act (IRA) to be used between 2023 and 2026, the USDA is investing more money than ever in combating greenhouse gas emissions from agriculture, which makes up 10% of US emissions, according to the EPA.

The analysis from the Environmental Working Group (EWG), a nonprofit environmental research and advocacy organization examines elements of the USDA’s Environmental Quality Incentives Program (EQIP), which provides funding for conservation practices. Congress designated $8.45 billion for EQIP specifically. As part of that, an increasing amount of money is going towards so-called “climate-smart” practices aimed at sequestering carbon in soil or reducing greenhouse gas emissions.

EWG said that USDA is allowing farmers to claim this climate funding for implementing many practices that are unproven to help reduce emissions.

The report alleges, for example, that money can go toward a waste storage facility, used for livestock, would likely increase greenhouse gas emissions, according to the USDA’s own data.

The USDA expanded its “climate-smart” list – the specific practices that are eligible for funding – to allow 15 provisional practices, on which the USDA currently lacks data about their effect on emissions, EWG noted in its report.

USDA Press Secretary Allan Rodriguez called EWG’s analysis “fundamentally flawed, speculative, and rest on incorrect assumptions.”

“Unfortunately, EWG did not take into account the rigorous, science-based methodology used by USDA to determine eligible practices, nor the level of specificity required during the implementation process to ensure the practices’ climate-smart benefits are being maximized,” Rodriguez said in an emailed statement.

The single largest conservation practice funded over the past six years is the use of cover crops, according to EWG, with $505 million (9% of overall funding) going toward the practice. The use of cover crops is widely considered a strongly beneficial practice for soil health and sequestering carbon.

But only one of the other top 10 uses of the money is on the climate-smart list. Six of the new “provisional” practices were also in the top 10.

Riverview, FL phosphogypsum stack. Photo by Sarah Gledhill.

February 22, 2024

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.