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Huge Victory: Court Revokes EPA's Approval of Nanosilver Pesticide

The U.S. Court of Appeals for the Ninth Circuit concluded Tuesday that the U.S. Environmental Protection Agency (EPA) unlawfully allowed a novel antimicrobial pesticide product "NSPW-L30SS" (previously "Nanosilva"), made with silver nanoparticles, for use in an unknown number of textiles and plastics.

The court voided EPA's approval, preventing the product from entering the marketplace and the environment. The opinion is the first of its kind to address EPA's responsibilities in issuing conditional registrations of new pesticides such as this one.

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Judge: EPA's Approval of Bee-Killing Pesticides Violated Federal Law

A federal court has ruled that the U.S. Environmental Protection Agency (EPA) systematically violated the Endangered Species Act—a key wildlife protection law—when it approved bee-killing insecticides known as neonicotinoids.

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EPA Sued for Approving Dow's Deadly Pesticide Combo

Farmers, conservation groups and food and farm justice organizations stood up today to protest against the contamination of rural communities, our food supply and the environment by filing a federal lawsuit against the Trump administration.

The groups are suing the U.S. Environmental Protection Agency (EPA) under new administrator Scott Pruitt for approving Dow AgroScience's Enlist Duo, a mixture of the weed-killing chemicals glyphosate and 2,4-D—both of which are known to be highly toxic. The novel combo pesticide is sprayed directly on corn, soybean and cotton plants that are genetically engineered by Dow specifically to survive exposure to the pesticide. The EPA approved the use of the pesticide in 34 states.

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USDA Grants Final Approval for Monsanto/Scotts' Genetically Engineered Grass

The U.S. Department of Agriculture (USDA) issued a final deregulation decision Wednesday approving Monsanto and Scotts' genetically engineered (GE) bentgrass, even as the highly invasive creeping grass continues to spread unchecked beyond its Oregon and Idaho test plots.

Decades-old outdoor experiments have proven the bentgrass impossible to control since it escaped from "controlled" plots and invaded irrigation ditches, riverbanks and the Crooked River National Grassland, crowding out native plants and the wildlife that depends on them. Despite more than a decade of efforts and millions of dollars spent, the U.S. Department of Agriculture, Scotts and Monsanto have failed to curb the spread of the invasive grass. Yet now the USDA has capitulated to Monsanto's and Scotts' request that federal regulators relinquish any authority over the GE grass, leaving local landowners and state of Oregon to wrestle with the problem.

"The USDA's decision ignores a groundswell of united opposition from state departments of agriculture, the U.S. Fish and Wildlife Service, university professors, scientists, farmers and conservationists," said Lori Ann Burd, director of the environmental health program at the Center for Biological Diversity.

"Because this blatant bow to industry will continue to harm farmers, endangered species and the precious landscape, the USDA has left us with no choice but to explore our legal options to return the burden of controlling this weedy grass back to the shoulders of the corporate profiteers who brought it into the world."

The GE bentgrass has already illegally contaminated at least three Oregon counties and the ultralight grass seeds and pollen have proven impossible to eradicate. Farmers and noxious weed experts in eastern Oregon have been outspoken critics of the proposal to approve the grass. In response to widespread contamination, GE creeping bentgrass was declared a noxious weed in Malheur County in 2016. With this approval the responsibility for controlling contamination now shifts from the USDA, Scotts and Monsanto to individual farmers and landowners, left alone to grapple with the problem.

"This decision is a slap in the face to family farmers," said Jerry Erstrom, chairman of the Malheur County Weed Board.

"It's extremely disappointing that the USDA has ignored the concerns of those of us affected by the existing contamination, as well as the Oregon and Idaho departments of agriculture and concerned folks from across the region. I just can't believe that they will turn this loose and let Scotts and Monsanto walk away from what they did here."

Unlike the USDA, the U.S. Fish and Wildlife Service has recognized the danger of the novel GE grass and its likelihood of spreading out of control. The federal wildlife agency concluded that if approved, the grass is likely to jeopardize the continued existence of the endangered Willamette daisy and Bradshaw's lomatuim and harm the critical habitat of the endangered Fender's blue butterfly and Willamette daisy.

"USDA's approval of this genetically engineered grass is as dangerous as it is unlawful," said George Kimbrell, senior attorney for the Center for Food Safety. "The agency is giving Monsanto and Scotts a free pass for the harm their product has already caused farmers and the environment and is irresponsibly gambling future harm on nothing more than their empty promises." The Center for Food Safety won a 2007 legal victory declaring the GE creeping bentgrass field trials unlawful. Kimbrell authored this December 2016 article on the GE bentgrass saga to date.

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USDA Gives Monsanto and Scotts' Glyphosate-Resistant Grass Green Light

The U.S. Environmental Protection Agency released a final environmental impact statement Wednesday giving the green light to genetically engineered (GE) creeping bentgrass, a highly invasive grass genetically engineered by Monsanto and Scotts to withstand what would normally be a fatal dose of the herbicide glyphosate.

Decades-old outdoor experiments have proven the novel grass impossible to control, as it escaped from "controlled" plots and invaded irrigation ditches, river banks and the Crooked River National Grassland, crowding out native plants and the wildlife that depends on them. Despite more than a decade of efforts and millions of dollars, the U.S. Department of Agriculture (USDA), Scotts and Monsanto have been unable to exterminate the escapes. Now the USDA has granted the industry's request that it relinquish any authority over the GE grass.

"USDA's approval of this genetically engineered grass is as dangerous as it is unlawful," said George Kimbrell, a senior attorney for the Center for Food Safety. "The agency is giving Monsanto and Scotts a free pass for the harm their product has already caused farmers and the environment and is irresponsibly gambling future harm on nothing more than their empty promises."

The GE bentgrass has already illegally contaminated at least three counties and the ultralight grass seeds and pollen have proven impossible to eradicate. Farmers and noxious weed experts in eastern Oregon have been outspoken critics of the proposal to approve the grass. In response to widespread contamination, GE creeping bentgrass was declared a noxious weed in Malheur County in 2016. With this approval responsibility for controlling the contamination now shifts from USDA, Scotts and Monsanto to become solely the problem of individual farmers and landowners.

"It just tears me up to think about the environmental and economic havoc this grass could wreak upon our community," said Jerry Erstrom, farmer and chairman of the Malheur County weed board. "The USDA has ignored the concerns of farmers in the areas affected by the existing contamination. I just can't believe that they will turn this loose and let Scotts and Monsanto walk away from what they did here."

Unlike USDA the U.S. Fish and Wildlife Service has recognized the danger of the novel GE grass and its likelihood of spreading out of control, concluding that if approved it is likely to jeopardize the continued existence of the endangered Willamette daisy and Bradshaw's lomatuim and harm the critical habitat of the endangered Fender's blue butterfly and Willamette daisy.

"This outrageous decision by regulators to ignore the ongoing harm to Oregon farmers, endangered species and the precious landscape we all share is a disturbing reminder that federal regulators don't primarily serve taxpayers and citizens, but rather the wishes of corporations like Monsanto and Scotts," said Lori Ann Burd, director of the environmental health program at the Center for Biological Diversity. "Those of us dedicated to protecting Oregon's natural resources will explore all legal options necessary to place the burden of controlling this invasive weed back where it belongs—on the shoulders of the corporate profiteers who brought it into the world."

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Court Fails to Protect Bees From Toxic Pesticides

A judge in the Northern District of California delivered a crushing blow Monday to the nation's beekeepers and imperiled honeybees. The judge ruled against the beekeepers and public interest advocates in a lawsuit seeking to protect honeybees and the broader environment from unregulated harms caused by the U.S. Environmental Protection Agency's (EPA) lax policies for seeds coated with certain insecticides known to cause massive die-offs of honeybees.

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Local Governments Can Prohibit GE Crops, Says U.S. Court of Appeals

The U.S. Court of Appeals for the Ninth Circuit issued its decisions Friday on whether federal and Hawai'i state laws preempt Hawai'i counties' authority to regulate genetically engineered (GE) crops and pesticide use. Of significance to state and local communities throughout the U.S., the Ninth Circuit ruled that federal law—specifically, the Plant Protection Act—does not prohibit states and counties from passing local laws to regulate and ban commercially-grown GE crops.

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Sonoma County Bans GMO Crops

The Center for Food Safety celebrated a huge victory in Sonoma County, California, on Wednesday when voters approved a measure that will prohibit genetically engineered crops from being planted in the county. The passage of the Sonoma County Transgenic Contamination Ordinance, better known as Measure M, will protect local and organic growers and producers who choose not to plant GMO seed.

"Enacting change in the food movement, or any movement, starts at the local level and the passage of Measure M is an incredible victory for Sonoma farmers and gardeners," Rebecca Spector, West Coast director of the Center for Food Safety, said. "Farmers deserve the right to grow food that is not contaminated by genetic engineering, just as the public deserves the right to purchase organic or GMO-free foods that are free from GMO contamination."

Measure M passed by a large margin—55.9 percent to 44.9 percent—and Sonoma County now joins several neighboring counties including Marin, Mendocino, Humboldt, Trinity and Santa Cruz that have passed similar ballot initiatives to protect farmers and crop integrity.

The Center for Food Safety is especially proud to see the democratic process work on behalf of our food, farmers and environment in this case for local food rights. The legal staff assisted in the drafting of the Sonoma ballot initiative and provided legal and scientific counsel throughout the last year, as with past county bans in California and in other states. Center for Food Safety previously worked with campaigns in Oregon and Hawaii to ban the planting of GE crops, and also co-authored GE food labeling ballot initiatives in Oregon, California and Washington. When one of the Oregon county GE crop bans was challenged in court, Center for Food Safety helped defeat that attempt and the county ban stands. Three county laws restricting GE crops and pesticide use in Hawaii have also been challenged in court and Center for Food Safety is representing the county of Hawaii in one of the cases which is currently on appeal.

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