california

March 7, 2025

Amid lack of faith in FDA, US states rush to ban food dyes

Call it a MAHA moment. At least a dozen US states – from traditionally conservative Oklahoma to liberal-leaning New York – are rushing to pass laws outlawing commonly used dyes and other chemical additives in foods, citing a need to protect public health.

In one of the most far-reaching efforts, West Virginia on Wednesday advanced a sweeping ban on a range of common food dyes that have been linked to health problems, particularly for children, with overwhelming support from both Republicans and Democrats.

The new law prohibits the sale of any food product containing certain yellow, blue, green and red dyes often found in candies, snacks and other foods and drinks, and goes much further than any other state in moving to eliminate the chemicals from store shelves.

The West Virginia measure has passed both legislative chambers and is expected to receive final clearance within the next week to move to the governor’s desk for signing.

Public health advocates have been lobbying for state and federal action for years, pointing to research that links food dyes and other chemical additives to a range of health risks, including neurobehavioral problems and cancers.

Food industry advocates have protested efforts to ban the additives, citing what they say is a lack of proof that the chemicals are harmful to people, and arguing such laws will make food more expensive.

But supporters of the measures say the “Make America Healthy Again” (MAHA) movement associated with newly appointed Health and Human Services Secretary Robert F. Kennedy Jr. is giving fresh momentum to the efforts. Kennedy has long warned about chemical additives in food and vowed in his confirmation hearing before Congress to “scrutinize the chemical additives in our food supply.”

“There is a lot of support for these measures now for a few reasons. The most obvious one is the MAHA movement,” said Laura Wakim Chapman, chair of the West Virginia Senate Health and Human Resources Committee. “Viral videos and social media content is informing the public about the dangers of unnecessary food additives. I am a mother of two and care deeply about their health. I think most parents do.”

March 4, 2025

Postcard from California: Chemical warning labels are everywhere – and they’re working

By Bill Walker

A driver entering an enclosed parking garage in California is greeted by a 20-by-20-inch sign declaring in 72-point type:

WARNING: Breathing the air in this parking garage can expose you to chemicals including carbon monoxide and gasoline or diesel engine exhaust, which are known to the State of California to cause cancer and birth defects or other reproductive harm.

The signs are known as Prop. 65 warnings, after the ballot proposition number of the state Safe Drinking Water and Toxic Enforcement Act, which in 1986 was approved by almost two-thirds of California voters.

The law established a registry that is regularly updated with substances that include hazardous chemicals found in common household products, electronics, pesticides, food, drugs, dyes, additives, construction materials and automobiles. All must carry warning labels if they contain threshold levels of a listed chemical. The law also prohibits the discharge of listed chemicals into sources of drinking water.

In the most recent update, the Prop. 65 registry, which is maintained by scientists at the state Office of Environmental Health Hazard Assessment (OEHHA), has grown to 874 chemicals and compounds. Chemicals are added only after exhaustive reviews by independent expert panels of studies from authoritative national and international public health agencies.

February 21, 2025

States move to cement PFAS protections amid fears of federal rollbacks

By Shannon Kelleher

Concerns are growing about the fate of a Biden-era rule to limit toxic PFAS chemicals in drinking water, with some states moving to introduce laws that would lock in place PFAS protections that could survive any potential rollback by the Trump Administration.

California introduced legislation on Wednesday that would direct the State Water Resources Control Board to adopt regulations at least as protective as those in the federal rule. If California’s bill passes, it will require state regulators to set new regulations by January 1, 2026 that would mirror the Biden Administration rule that set a limit on per- and polyfluoroalkyl substances (PFAS) in drinking water.

The legislation specifically calls for adopting the requirements in place on a federal level as of the day prior to President Donald Trump’s January 20th inauguration.

“We think there’s a case here for folks to act with urgency given the developments in Washington, given the threat to public health and public safety that these chemicals pose,” Assemblymember Jesse Gabriel (D-CA), who introduced the bill, said on a February 19 press call. “We are going to do this so we can protect our communities irrespective of what happens at the federal level.”

Lawmakers in multiple other states are making similar moves, including in Pennsylvania, Maine and Connecticut.

“It’s not unreasonable to be concerned that there would be a rollback of these policies here,” said Steve Hvozdovich, Pennsylvania Campaigns Director for the group Clean Water Action. “I think the quicker we can move the better.”

January 28, 2025

Upcoming Kennedy hearings to spotlight hotly debated public health issues

By Carey Gillam

Advocates for Robert F. Kennedy Jr. and his “Make America Healthy Again” agenda were gathered in Washington this week ahead of a senate committee hearing on Kennedy’s nomination to lead the US Department of Health and Human Services (HHS) – an event expected to put a spotlight on a number of hotly debated public and environmental health issues.

Kennedy is scheduled to testify before the Senate Committee on Finance on Wednesday and then will appear for questioning by the Senate Health, Education, Labor and Pensions Committee on Thursday. Senators are expected to press the nominee on his views on a wide range of issues that deeply divide Americans, including vaccines, farming practices, and food policies.

President Donald Trump’s nomination of Kennedy, a lifelong Democrat from California who ran against Biden and Trump for president as an independent, has been among Trump’s most controversial nominations, drawing opposition from both parties and from an array of powerful corporate and public health interests.

Critics say Kennedy lacks the credentials to lead HHS, which has sweeping authority over many key health and science agencies, including the Food and Drug Administration and the Centers for Disease Control and Prevention. And they say his positions on certain issues discount scientific research and would endanger public health.

But proponents insist that Kennedy is more than qualified given his long history as an environmental lawyer who was named one of Time Magazine’s “Heroes for the Planet” for his work cleaning up and protecting waterways, and as the founder of a group called Children’s Health Defense, which has the stated mission of “ending childhood health epidemics by eliminating toxic exposure” and holding “responsible parties accountable.”

Both sides were trying to make their voices heard in advance of Wednesday’s hearing, which was declared the “most important hearing of all Trump’s Cabinet picks” by Lawrence Gostin, director of the O’Neill Institute for National and Global Health Law at Georgetown University, according to NBC News.

January 21, 2025

Close to 30 million Americans face limited water supplies, government report finds

By Carey Gillam

Nearly 30 million people are living in areas of the US with limited water supplies as the country faces growing concerns over both water availability and quality, according to a new assessment by government scientists.

The US Geological Survey (USGS), which is part of the Department of the Interior, issued what it said was a first-of-its-kind report last week, with USGS Director David Applegate warning of “increasing challenges to this vital resource.” The Jan. 16 report, based on data from 2010 to 2020, examines not only water supplies but also demand patterns and water quality. The report showed that most of the country had supplies that exceeded demand during the period examined, but worrisome trends were noted.

“Water availability is an issue everywhere in our country and beyond,” Lori Sprague, USGS national program manager for the water availability assessment, said in a webinar presenting the report. “It raises the question – do we have enough water to sustain our nation’s economy, ecosystems and drinking water supplies?”

Among the key findings from the new analysis was that people who are considered “socially vulnerable” have a higher risk of experiencing limited water supplies. Overall, about 27 million people lived in areas where the USGS found a “high degree of local water stress.” And a higher proportion of the people living in those areas were considered socially vulnerable compared with those living in areas of more local water availability, the USGS said.

The report also added to evidence of widespread pollution in waterways across the US Midwest and High Plains regions where worrisome levels of nitrogen and phosphorus concentrations – tied in large part to large animal agriculture operations – can pose a threat to human health.

January 10, 2025

As Los Angeles fires rage, states battle over effort to make oil and gas industry accountable for climate change harms

By Dana Drugmand

As fires rage through southern California, the costs of extreme weather events linked to climate change are forecast to keep climbing – adding fuel to growing efforts by some US states to make the oil and gas industry liable for helping foot the bill despite looming legal challenges.

Vermont fired the first shot against the industry last year when it enacted a novel “climate superfund” law aimed at recovering state costs associated with greenhouse gas emissions that drive harmful climate change. New York passed similar legislation last month.

Similar legislation has been introduced in Maryland, Massachusetts, New Jersey, and California, as well as at the federal level. While the federal bill is not expected to make headway in a Republican-controlled Congress, climate activists are pushing Democrat-led states to embrace the legislation as a way to show climate leadership amidst a second Trump administration that has promised to promote the interests of the oil and gas industry and roll back environmental regulations.

Supporters of the legislative moves held a Jan 7 press conference highlighting the actions. Kassie Siegel, director of the Center for Biological Diversity’s Climate Law Institute, told reporters at that press conference that she is “extremely optimistic” that California will enact its version of the climate superfund policy this year.
Experts have said the devastating wildfires raging through the Los Angeles area and surrounding communities in early January are directly tied to climate change as prolonged drought and higher temperatures have left vegetation highly flammable. The costs of the disaster have been estimated at more than $20 billion.

January 7, 2025

Postcard from California: State and feds head for showdown over electric cars

Of California’s dozens of landmark laws to curb climate-heating greenhouse gases and health-threatening air pollution, none is more ambitious than the rule that by 2035 all new passenger cars and trucks sold must be zero-emission vehicles (ZEVs) that run on electricity.

Contrary to the inflammatory rhetoric of its critics, the ZEV rule is not a total ban on gasoline or diesel vehicles. In 2035 and beyond, Californians could still drive their existing gasoline cars or buy used ones.

But by electrifying the state’s fleet over time, the rule would steadily reduce tailpipe emissions, which are by far the largest source of greenhouse gases in California. It would also slash emissions of smog-forming air contaminants, averting thousands of heart attacks and strokes and hundreds of thousands of asthma attacks.

The Institute of Transportation Studies at the University of California at Davis calls the ZEV rule “one of the most daring and controversial air quality policies ever adopted.” Eleven other states have signed on, extending its reach to 40% of the US population.

California lawmakers adopted the current version of the ZEV rule in 2022. But to implement it, the state needed a waiver from the US Environmental Protection Agency (EPA), allowing California to set stricter emissions standards than federal rules.

In one of the last major acts of the Biden administration, the EPA granted the waiver Dec. 18. It was a huge milestone in California’s clean-energy transition – but it also set up a high-stakes showdown between the state and the incoming Trump administration.

December 2, 2024

Postcard from California: Two refineries to close but fenceline communities still besieged by pollution

By Bill Walker

Next year, people in Wilmington and Carson, Calif., neighboring communities in south Los Angeles County, will breathe a bit easier thanks to a decision by Phillips 66 to shut down its gasoline refineries in those communities by the end of 2025.

For more than 100 years, the twin refineries – five miles apart and connected by a pipeline – have emitted air pollutants that increase cancer risk, trigger asthma and other respiratory illnesses, form toxic smog, and lead to heart attacks and strokes. They emit millions of tons each year of climate-heating greenhouse gases, which also contribute to respiratory problems.

California is not usually thought of as an oil state, but it ranks third in the US in crude oil refining capacity. Hundreds of thousands of Californians are exposed daily to pollution from gasoline refineries. Most are people of color who live in lower-income industrial suburbs where refineries are clustered, but too often are kept in the dark about what happens inside the refinery gates.

As the state moves toward its legally mandated goal of virtually eliminating fossil fuel use in 20 years, and electric car sales continue to rise, more refineries are likely to close. Meanwhile, fenceline communities continue to pay the price for our dependence on gasoline.

Wilmington, with 53,000 residents, is part of Los Angeles. Carson, population 91,000, is its own city. About 90% of Wilmington residents are Latino, about 60% of Carson residents are Latino or Black, and both are state-designated disadvantaged communities.

Maine Photo by Stephen Crane on Unsplash

November 26, 2024

Citing “catastrophic climate effects,” Maine joins in litigation against oil companies

By Dana Drugmand

Maine on Tuesday became the latest government entity to bring legal claims against several major oil and gas companies, alleging the companies and their chief trade association, the American Petroleum Institute, have deliberately misled the public about the climate consequences of burning fossil fuels.

Maine is the ninth US state to take legal action against the industry over climate concerns, joining other states that include New Jersey and California in similar lawsuits. In all, more than two dozen climate deception lawsuits have been brought against fossil fuel companies by cities, counties, states, and Tribal governments over the last seven years.

“For decades, big oil companies have made record profits, taking billions out of the pockets of Maine people while deliberately deceiving them about the harmful impacts of fossil fuels – impacts that Maine people see and feel every day,” Maine Governor Janet Mills said in a statement.

The lawsuit details the costly climate change impacts the state is already experiencing, such as more frequent flooding and warming ocean waters. These impacts have become more costly and severe, according to the state, due to the “successful climate deception campaign” orchestrated by the industry as a strategy to delay the transition away from their products and protect their profits.

winifred-helton-harmon-4GIF-BcmZlM-unsplash

November 22, 2024

Court deals setback to efforts to regulate pesticide-coated seeds

By Carey Gillam

A federal court this week dealt a blow to calls for new regulations on pesticide-coated seeds used in farming, ruling that US regulators were not acting improperly in exempting the seeds from registration review.

The US District Court for the Northern District of California on Wednesday granted a summary judgment in favor of the Environmental Protection Agency (EPA) and agrochemical industry lobbyist CropLife America, turning back arguments by the Center for Food Safety and other environmental advocates who have spent years warning of a range of “devastating effects” they say result from widespread use of the specialty seeds.

The concerns addressed in the case focus on seeds that are coated in insecticides before they are planted. Three specific types of insecticides that are part of a class of chemicals known as neonicotinoids present particular threats to beneficial birds and insects such as butterflies, and can contaminate the air, soil and water with toxins, according to critics.

The court case ruled on this week focused on three types of neonics – imidacloprid, thiamethoxam, and clothianidin.

“Neonicotinoid treated seeds are used on at least half of all croplands in the US but pose an extreme danger to birds, bees, and other pollinators,” the Center for Food Safety said in a statement issued Thursday following the ruling. “With the future of agriculture and entire food webs on the line, it is irresponsible and unlawful that these pesticides will continue to be exempted from registration.”

The European Union has banned the outdoor use of certain types of neonicotinoids, also called neonics, and the United Nations has said neonics are so hazardous that they should be “severely” restricted. But in the US, neonics remain widely used, typically as coatings on corn, cotton and soybean seeds, planted by farmers to protect crops from insects and disease.

Scientific research has shown they are contributing to a decline in important pollinators such as honeybees. Environmental advocates say numerous studies show neonics are not necessary.