Seven State Attorneys General Mount Legal Challenge To EPA For Not Banning Chlorpyrifos


Published:

New York Attorney General Eric T. Schneiderman, leading a coalition of seven state Attorneys General, announced a challenge to President Trump’s Environmental Protection Agency (EPA) for violating federal law regarding toxic pesticides. Chlorpyrifos, a widely-used pesticide on food crops — including those consumed by infants, young children, and pregnant women — is shown to negatively impact proper development and functioning of the central nervous system and brain.

“The EPA’s first job is ensuring the health and safety of New Yorkers and all Americans — especially our children. Yet the Trump administration is jeopardizing our children’s health by allowing continued exposure to this toxic pesticide at levels it has not found to be safe,” said Attorney General Schneiderman. “If the Trump Administration won’t follow the law — and put our children’s wellbeing first — we will fight back.”

Joining Attorney General Schneiderman in the challenge are the Attorneys General of California, Maine, Maryland, Massachusetts, Washington, and Vermont. Click here to read the filing.

The Attorneys General charge that the EPA failed to make a key safety finding needed to continue to allow levels of chlorpyrifos, a common agricultural pesticide, on fruits and vegetables consumed by the public. The federal Food, Drug, and Cosmetic Act (Food Act) requires EPA to revoke allowable levels — or “tolerances” — for pesticide residues on foods if the Agency is unable to determine that the levels are safe.

The public health dangers of chlorpyrifos are well-documented, with EPA’s own scientists twice being unable to identify a safe level for the pesticide on food. In November 2015 and again in November 2016, EPA issued proposed regulations to revoke all tolerances and no longer allow chlorpyrifos to be used on food. However, in one of his first official acts, EPA Administrator Scott Pruitt disregarded those proposals and decades of accumulated scientific evidence and — citing “uncertainty” in chlorpyrifos’ toxicity — issued an order putting off until October 2022, if not longer, any decision on whether to revoke or modify current food tolerances for the pesticide.

In their challenge announced today, the Attorneys General argue that the Administrator’s order leaving in place current tolerances for chlorpyrifos residues on food violates the Food Act because it fails to include the finding of safety required to maintain these tolerances.

Chlorpyrifos is one of the most widely used insecticides in the United States on numerous food crops, including those consumed by infants and young children such as apples, strawberries, cherries, bananas, pears, peaches, nectarines, and cherries. Residues of the pesticide have repeatedly been documented in baby foods and juices. Chlorpyrifos has been subjected to regulatory review for nearly 20 years, and its toxic harms are well-documented. The pesticide acts by inhibiting an enzyme that is key to the proper development and functioning of the central nervous system and brain. Columbia University studies have shown that children born to women exposed to chlorpyrifos during pregnancy had cognitive and motor development delays in the first 3 years, and structural changes in the brain, lower working memory and IQ scores at age seven, and movement disorders (including arm tremors) at age eleven.

In 2007, the Natural Resources Defense Council and the Pesticide Action Network North America filed a petition with EPA requesting revocation of chlorpyrifos food tolerances under the Food Act. The groups later had to sue EPA to force action on the petition. In 2015 and again in 2016, EPA issued notices of proposed rulemaking to revoke all tolerances for the pesticide on food because the Agency was unable to identify a safe level of chlorpyrifos on food. Significantly, the 2016 notice stated that “EPA can only retain chlorpyrifos tolerances if it is able to conclude that such tolerances are safe.”

Despite EPA’s certainty that it could not find the current chlorpyrifos food tolerances safe under the Food Act, on March 29, 2017, roughly a month after his confirmation, Administrator Pruitt issued an order abruptly changing position on the proposed regulations and denying the administrative petition by the environmental groups to revoke the current tolerances for chlorpyrifos on food. He effectively left the tolerances in place indefinitely.

The coalition of Attorneys General is challenging Administrator Pruitt’s order as a violation of the Food Act because it leaves current food tolerances for chlorpyrifos in effect without finding that they are safe. The coalition contends that the Food Act does not give EPA the authority to leave tolerances in place in the absence of a finding of safety. Their filing argues that the Act requires the Agency to either find tolerances on food safe or it must revoke or modify the current tolerances; there is no provision in the Food Act allowing the Trump EPA to do what it has done by leaving tolerances in effect but not making a safety finding.

The coalition’s challenge, which was filed with EPA, requests that the Agency vacate its recent order that left chlorpyrifos residue tolerances in effect without finding them safe. The Attorneys General further request that EPA issue a final order within 60 days on the State coalition’s objections and a final regulation revoking tolerances for chlorpyrifos on food.

This matter is being handled by New York Assistant Attorney General Maureen F. Leary and Environmental Scientist Jennifer Nalbone under the supervision of the Lemuel M. Srolovic, Chief of the Attorney General’s Environmental Protection Bureau. The Bureau is part of the Division of Social Justice, which is led by Executive Deputy Attorney General for Social Justice Alvin Bragg.

The Cornucopia Institute is a nonprofit organization engaged in research and educational activities supporting the ecological principles and economic wisdom underlying sustainable and organic agriculture. Through research and investigations on agricultural and food issues, The Cornucopia Institute provides needed information to family farmers, consumers, stakeholders involved in the good food movement, and the media.

See also:
Is The Developed World We’ve Created Giving Us Cancer?
Pesticide Safety Questioned By Pregnancy Research

Edit Module
Edit ModuleShow Tags
Edit Module Edit ModuleShow Tags

Daily Astrology

November 16, 2018

This is a busy day, filled with notable planetary changes. Newly arrived in Pisces, the Moon and Mars join up a mere two minutes after midnight. Creative juices are stimulated. Some emotions may overheat. Shortly before dawn Venus resumes forward motion…
Edit ModuleShow Tags

Alternative Health Directory

Browse all listings »

Edit ModuleShow Tags
Edit ModuleShow Tags

Calendar

November 2018

Learn Reiki to awaken your healing hands to help yourself, your loved ones and pets be healthier and happier. Facilitated by Lou Orsan, Reiki Shihan (master teacher) This one-day...

Cost: $150

Where:
Northeast Reiki Center
61 Nicholas Road, Suite B2
Framingham, MA  01701
View map »


Sponsor: Northeast Reiki Center
Telephone: 508-808-5696
Contact Name: Lou Orsan
Website »

More information

Show More...
Show Less...
No Events

Discover the power of your inner queen  Are you experiencing life transitions causing you to wonder “Who am I? Where am I going? What do I do now?” Metaphysical meets modern to...

Cost: $20

Where:
Circles of Wisdom
386 Merrimack Street
Suite 1-A
Methuen, MA  01844
View map »


Sponsor: Circles of Wisdom
Telephone: 978-474-8010
Contact Name: Cathy Kneeland
Website »

More information

Join us the second Tuesday evening of the month for a Reiki Share in the Usui Reiki system of natural healing. We are a gathering of Reiki practitioners who share experiences, practice...

Cost: Free

Where:
Northeast Reiki Center
61 Nicholas Road, Suite B2
Framingham, MA  01701
View map »


Sponsor: Northeast Reiki Center
Telephone: 508-808-5696
Contact Name: Lou Orsan
Website »

More information

Show More...
Show Less...

The Fertility Awareness Meetup provides women with an opportunity to learn about and discuss natural birth control options and fertility. This is a space where women can connect with peers, access...

Cost: Free

Where:
The Women's Center
46 Pleasant Street
Cambridge, MA  02139
View map »


Sponsor: AC Fertility Awareness
Telephone: 617-899-7624
Contact Name: Anna Churchill

More information

The class is a combination of qi gong, yoga, meditation, and relaxation followed by a cup of healing tea. The class, developed by Korean enlightened master Ilchi Lee, is based on Sundo, a...

Cost: $10

Where:
Divine Paradigm
58b Macy St
Amesbury, MA  01913
View map »


Contact Name: Brad Fanger

More information

Please join us at our monthly meetings, second Wednesday each month September - June in Westboro, MA. A welcoming community working for the greater health and wellbeing of all. Contact...

Where:
Sohum Yoga and Meditation Studio
30 Lyman St
#108B
Westborough, MA
View map »

More information

Show More...
Show Less...

In more recent years, as the dreams of progress continue to falter, our confidence in the future is shaking. What it means to be human; what education and morality mean; what corporations stand...

Cost: $10

Where:
Scottish Rite Museum
33 Marrett Road
Lexington, MA  02420
View map »


Sponsor: Lexington Community Education
Telephone: 781-862-8043
Contact Name: Craig Hall
Website »

More information

In this talk, Joan will help you realize how much you are already communicating with your animals. She will show you how your animal companions respond to energy. You will learn how to set the pH...

Cost: $10

Where:
Circles of Wisdom
386 Merrimack Street
Suite 1-A
Methuen, MA  01844
View map »


Sponsor: Circles of Wisdom
Telephone: 978-474-8010
Contact Name: Cathy Kneeland
Website »

More information

Show More...
Show Less...

November 16 - 18 12.5 PDAs! Taijiquan is usually taught from the outside in: you learn the choreography, practice for years, and gradually come to understand what’s going on inside. In...

Cost: Please see our website

Where:
Eastover Estate & Eco Village
430 East Street
Lenox, MA  01240
View map »


Telephone: 866-264-5139
Contact Name: Yingxing Wang
Website »

More information

This is a “Mediumship Gallery” with June Edward, the “Massachusetts Medium”! Have you ever wanted to talk to someone on the other side? Is there someone you know who’s...

Cost: $50

Where:
VFW
109 Robbins Rd
Walpole, MA  02081
View map »


Sponsor: June Edward "The Massachusetts Medium"
Telephone: 508-259-1231
Contact Name: June edward
Website »

More information

Want to know more about the Women of Wisdom Schools of Wisdom Personal and Spiritual, and Professional Development Programs? This is your opportunity to meet the amazing instructors, hear...

Cost: Free

Where:
Women of Wisdom
118 Washington Street
North Easton, MA  02356
View map »


Sponsor: Women of Wisdom
Telephone: 508-230-3680
Contact Name: Women of Wisdom
Website »

More information

The class is a combination of qi gong, yoga, meditation, and relaxation followed by a cup of healing tea. The class, developed by Korean enlightened master Ilchi Lee, is based on Sundo, a...

Cost: $10

Where:
Divine Paradigm
58b Macy St
Amesbury, MA  01913
View map »


Contact Name: Brad Fanger

More information

“For breath is life, and if you breathe well you will live long on earth.” — Sanskrit Proverb Join us for an evening of deep exploration and transformation using the healing...

Cost: $40 (limited hardship rates available)

Where:
Museum of Modern Renaissance
115 College Avenue
Somerville, MA  02144
View map »


Sponsor: HolotropicMA
Contact Name: Allen Howell M.Ed. LMHC
Website »

More information

Show More...
Show Less...

Instructors: James Ashton & Beth Masterman Adult level A half-day, workshop for anyone curious to learn about the chakra energy system and the timeless wisdom it provides for living a...

Cost: $80

Where:
Creative Spirit
80 Washington Street
Marblehead, MA  01945
View map »


Sponsor: Creative Spirit
Telephone: 781-797-0389
Website »

More information

This transformational workshop for singles and couples will equip you with the awareness, tools and skills to create the connection and intimacy you desire. Discern the 3 keys to unlock true...

Cost: $147/person; $294/couple

Where:
Watertown Center for Healing Arts
22 Mount Auburn Street
Watertown, MA  02472
View map »


Sponsor: Conscious Intimacy
Contact Name: Brynn Bishop
Website »

More information

Join us for an afternoon filled with fun! We’ll have your favorites: psychics, mediums, animal communicators, and spirit art! Holistic practitioners offering Holy Fire II Reiki, chair...

Cost: Varies per service

Where:
Women of Wisdom
118 Washington Street
North Easton, MA  02356
View map »


Sponsor: Women of Wisdom
Telephone: 508-230-3680
Contact Name: Women of Wisdom
Website »

More information

“Our World needs us—the sensitives/the empaths! We are the helpers, healers, the artists, and the holders of sacred space so that others may open. But first, we must accept our...

Cost: $65

Where:
private office
North Andover, MA  01845


Sponsor: Sacred Spiral Dance
Telephone: 978-973-6637
Contact Name: Diana Harris
Website »

More information

Hello brothers and sisters, Better World Meditation will be hosting a guided meditation and a solo flute concert with Steve Tapper Event Schedule: 7:30PM Doors open 7:45PM Guided...

Cost: $10

Where:
Saint John's Episcopal Church
74 Pleasant Street
(Rear left side of church door on Lombard Road-2nd floor)
Arlington, MA  024746
View map »


Sponsor: Better World Meditation
Telephone: 617-699-0636
Contact Name: Steven Kriger
Website »

More information

November 17–18 Note: Class runs 10am to 5:30pm on Saturday, 11/17 and 11am to 4pm on Sunday, 11/18 Students will learn to communicate with animals and to enhance human/animal...

Cost: $190

Where:
Circles of Wisdom
386 Merrimack Street
Suite 1-A
Methuen, MA  01844
View map »


Sponsor: Circles of Wisdom
Telephone: 978-474-8010
Contact Name: Cathy Kneeland
Website »

More information

Show More...
Show Less...
Edit ModuleShow Tags
Edit Module Edit ModuleShow Tags