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Environmentalists and Farmers Seek Court Decision Halting Use of Dow’s 'Agent Orange' Pesticide

Food

Late Wednesday, a coalition of environmental organizations and farmers represented by the Center for Food Safety (CFS) and Earthjustice filed new legal papers in federal court seeking the reversal of Scott Pruitt and the Trump Environmental Protection Agency's (EPA) approval of Dow Chemical's toxic pesticide, Enlist Duo. The novel pesticide is a combination of glyphosate and 2,4-D, to be sprayed over the top of corn, cotton and soybeans that are genetically engineered by Dow with resistance to both pesticides.


"Our filing reveals that EPA approved Enlist Duo despite its significant harms to health, environment, farms, water, and endangered species," said Sylvia Wu, CFS attorney and counsel for the coalition. "EPA's job is protecting the environment, human health, and farmers, not blindly do the bidding of pesticide companies. The court must stop its use."

In early 2017, EPA dramatically expanded approval of Enlist Duo use to 34 states and for use on cotton, only one year after a court sent back EPA's previous approval. The two chemicals in Enlist Duo do more damage when used together than the net damage they do when used separately.

"EPA has put human health, neighboring crops, and the survival and recovery of hundreds of endangered species at risk by recklessly putting a potent and toxic pesticide on the market without the data or expert review the law requires," said Paul Achitoff, Earthjustice attorney and counsel for the coalition. "We, and the law, demand much more from the agency created to protect our health and environment than bowing to chemical industry pressure."

Dow markets Enlist Duo and its companion Enlist crops as a quick fix for the "superweeds" epidemic created by prior genetically engineered "Roundup Ready" crops, genetically engineered to withstand what would otherwise be a toxic dose of the herbicide glyphosate, the active ingredient in Monsanto's Roundup. Repeated use of Roundup on these crops has resulted in the proliferation of glyphosate-resistant superweeds which now infest over a hundred million acres of U.S. farmland. These superweeds now require an even more toxic combination of herbicides, like Enlist Duo, to take them out, driving a dangerous spiral of increasing weed resistance and pesticide use. The U.S. Department of Agriculture conservatively estimates that use of Enlist Duo on U.S. corn and soybean will increase the use of 2,4-D by 200 to 600 percent.

Jim Goodman, an organic dairy and beef rancher from Wisconsin and board president of National Family Farm Coalition, one of the petitioners in the case, commented, "2,4-D is a possible carcinogen, an endocrine-disruptor and a herbicide that is very drift prone and persistent in the environment. The combination of 2,4-D and glyphosate in Enlist Duo is a recipe for disaster. It may control Roundup-resistant weeds, but only for a while, and at what cost to the health of farm workers, consumers and the environment?" Denise O'Brien, an Iowa farmer and board president of the Pesticide Action Network, emphasized EPA's responsibility to protect rural communities. "By continuing to cave to the pesticide industry's every wish, EPA is abandoning its duty to protect the health of our rural communities and our farmers' livelihoods from these toxic, drift-prone chemicals."

More than half a million people submitted comments to EPA urging the agency to reject Dow's plan to sell Enlist Duo. U.S. National Cancer Institute scientists highlighted 2,4-D specifically as associated with a two- to eight-fold increases in non-Hodgkin's lymphoma. The International Agency for Research on Cancer of the World Health Organization classified 2,4-D as a possible carcinogen to humans and glyphosate as a probable carcinogen to humans.

"EPA's decision to allow 2,4-D threaten farmers, farmworkers, rural communities and consumers. With this decision causing a predicted massive increase in use—as much as a seven-fold increase by 2020—the agency is violating any reasonable risk standard, given the productivity and profitability of sustainable organic practices," said Jay Feldman, executive director of Beyond Pesticides.

Spraying Enlist Duo over millions of new acres will also contaminate waterways and important wildlife habitats. Monarch butterfly populations have declined due to the loss of their milkweed host plants, which glyphosate kills. The Endangered Species Act requires federal agencies to ensure its actions to not jeopardize the existence of any endangered species. EPA admitted its approval could harm hundreds of endangered species, including the whooping crane and Indiana bat, but still failed to comply with the ESA.

"EPA's hasty approval of this dangerous pesticide cocktail will cause severe harm to human health and the environment unless we are able to stop it with this lawsuit," said Lori Ann Burd, environmental health director at the Center for Biological Diversity. "Its rush to do the bidding of pesticide companies shows that the EPA is prioritizing corporate profits over their duty protect us from harmful toxins."

The plaintiff coalition is Center for Food Safety, Center for Biological Diversity, Beyond Pesticides, Pesticide Action Network North America, National Family Farm Coalition, and Family Farm Defenders, jointly represented by legal counsel from Center for Food Safety and Earthjustice.

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Global SO2 Emission Hotspot Database / Greenpeace

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The huge surge this year in Amazon deforestation is leading some European countries to think twice about LeoFFreitas / Moment / Getty Images

By Sue Branford and Thais Borges

Ola Elvestrun, Norway's environment minister, announced Thursday that it is freezing its contributions to the Amazon Fund, and will no longer be transferring €300 million ($33.2 million) to Brazil. In a press release, the Norwegian embassy in Brazil stated:

Given the present circumstances, Norway does not have either the legal or the technical basis for making its annual contribution to the Amazon Fund.

Brazilian President Jair Bolsonaro reacted with sarcasm to Norway's decision, which had been widely expected. After an official event, he commented: "Isn't Norway the country that kills whales at the North Pole? Doesn't it also produce oil? It has no basis for telling us what to do. It should give the money to Angela Merkel [the German Chancellor] to reforest Germany."

According to its website, the Amazon Fund is a "REDD+ mechanism created to raise donations for non-reimbursable investments in efforts to prevent, monitor and combat deforestation, as well as to promote the preservation and sustainable use in the Brazilian Amazon." The bulk of funding comes from Norway and Germany.

The annual transfer of funds from developed world donors to the Amazon Fund depends on a report from the Fund's technical committee. This committee meets after the National Institute of Space Research, which gathers official Amazon deforestation data, publishes its annual report with the definitive figures for deforestation in the previous year.

But this year the Amazon Fund's technical committee, along with its steering committee, COFA, were abolished by the Bolsonaro government on 11 April as part of a sweeping move to dissolve some 600 bodies, most of which had NGO involvement. The Bolsonaro government views NGO work in Brazil as a conspiracy to undermine Brazil's sovereignty.

The Brazilian government then demanded far-reaching changes in the way the fund is managed, as documented in a previous article. As a result, the Amazon Fund's technical committee has been unable to meet; Norway says it therefore cannot continue making donations without a favorable report from the committee.

Archer Daniels Midland soy silos in Mato Grosso along the BR-163 highway, where Amazon rainforest has largely been replaced by soy destined for the EU, UK, China and other international markets.

Thaís Borges.

An Uncertain Future

The Amazon Fund was announced during the 2007 United Nations Climate Change Conference in Bali, during a period when environmentalists were alarmed at the rocketing rate of deforestation in the Brazilian Amazon. It was created as a way of encouraging Brazil to continue bringing down the rate of forest conversion to pastures and croplands.

Government agencies, such as IBAMA, Brazil's environmental agency, and NGOs shared Amazon Fund donations. IBAMA used the money primarily to enforce deforestation laws, while the NGOs oversaw projects to support sustainable communities and livelihoods in the Amazon.

There has been some controversy as to whether the Fund has actually achieved its goals: in the three years before the deal, the rate of deforestation fell dramatically but, after money from the Fund started pouring into the Amazon, the rate remained fairly stationary until 2014, when it began to rise once again. But, in general, the international donors have been pleased with the Fund's performance, and until the Bolsonaro government came to office, the program was expected to continue indefinitely.

Norway has been the main donor (94 percent) to the Amazon Fund, followed by Germany (5 percent), and Brazil's state-owned oil company, Petrobrás (1 percent). Over the past 11 years, the Norwegians have made, by far, the biggest contribution: R$3.2 billion ($855 million) out of the total of R$3.4 billion ($903 million).

Up till now the Fund has approved 103 projects, with the dispersal of R$1.8 billion ($478 million). These projects will not be affected by Norway's funding freeze because the donors have already provided the funding and the Brazilian Development Bank is contractually obliged to disburse the money until the end of the projects. But there are another 54 projects, currently being analyzed, whose future is far less secure.

One of the projects left stranded by the dissolution of the Fund's committees is Projeto Frutificar, which should be a three-year project, with a budget of R$29 million ($7.3 million), for the production of açai and cacao by 1,000 small-scale farmers in the states of Amapá and Pará. The project was drawn up by the Brazilian NGO IPAM (Institute of Environmental research in Amazonia).

Paulo Moutinho, an IPAM researcher, told Globo newspaper: "Our program was ready to go when the [Brazilian] government asked for changes in the Fund. It's now stuck in the BNDES. Without funding from Norway, we don't know what will happen to it."

Norway is not the only European nation to be reconsidering the way it funds environmental projects in Brazil. Germany has many environmental projects in the Latin American country, apart from its small contribution to the Amazon Fund, and is deeply concerned about the way the rate of deforestation has been soaring this year.

The German environment ministry told Mongabay that its minister, Svenja Schulze, had decided to put financial support for forest and biodiversity projects in Brazil on hold, with €35 million ($39 million) for various projects now frozen.

The ministry explained why: "The Brazilian government's policy in the Amazon raises doubts whether a consistent reduction in deforestation rates is still being pursued. Only when clarity is restored, can project collaboration be continued."

Bauxite mines in Paragominas, Brazil. The Bolsonaro administration is urging new laws that would allow large-scale mining within Brazil's indigenous reserves.

Hydro / Halvor Molland / Flickr

Alternative Amazon Funding

Although there will certainly be disruption in the short-term as a result of the paralysis in the Amazon Fund, the governors of Brazil's Amazon states, which rely on international funding for their environmental projects, are already scrambling to create alternative channels.

In a press release issued yesterday Helder Barbalho, the governor of Pará, the state with the highest number of projects financed by the Fund, said that he will do all he can to maintain and increase his state partnership with Norway.

Barbalho had announced earlier that his state would be receiving €12.5 million ($11.1 million) to run deforestation monitoring centers in five regions of Pará. Barbalho said: "The state governments' monitoring systems are recording a high level of deforestation in Pará, as in the other Amazon states. The money will be made available to those who want to help [the Pará government reduce deforestation] without this being seen as international intervention."

Amazonas state has funding partnerships with Germany and is negotiating deals with France. "I am talking with countries, mainly European, that are interested in investing in projects in the Amazon," said Amazonas governor Wilson Miranda Lima. "It is important to look at Amazônia, not only from the point of view of conservation, but also — and this is even more important — from the point of view of its citizens. It's impossible to preserve Amazônia if its inhabitants are poor."

Signing of the EU-Mercusor Latin American trading agreement earlier this year. The pact still needs to be ratified.

Council of Hemispheric Affairs

Looming International Difficulties

The Bolsonaro government's perceived reluctance to take effective measures to curb deforestation may in the longer-term lead to a far more serious problem than the paralysis of the Amazon Fund.

In June, the European Union and Mercosur, the South American trade bloc, reached an agreement to create the largest trading bloc in the world. If all goes ahead as planned, the pact would account for a quarter of the world's economy, involving 780 million people, and remove import tariffs on 90 percent of the goods traded between the two blocs. The Brazilian government has predicted that the deal will lead to an increase of almost $100 billion in Brazilian exports, particularly agricultural products, by 2035.

But the huge surge this year in Amazon deforestation is leading some European countries to think twice about ratifying the deal. In an interview with Mongabay, the German environment ministry made it very clear that Germany is very worried about events in the Amazon: "We are deeply concerned given the pace of destruction in Brazil … The Amazon Forest is vital for the atmospheric circulation and considered as one of the tipping points of the climate system."

The ministry stated that, for the trade deal to go ahead, Brazil must carry out its commitment under the Paris Climate agreement to reduce its greenhouse gas emissions by 43 percent below the 2005 level by 2030. The German environment ministry said: If the trade deal is to go ahead, "It is necessary that Brazil is effectively implementing its climate change objectives adopted under the [Paris] Agreement. It is precisely this commitment that is expressly confirmed in the text of the EU-Mercosur Free Trade Agreement."

Blairo Maggi, Brazil agriculture minister under the Temer administration, and a major shareholder in Amaggi, the largest Brazilian-owned commodities trading company, has said very little in public since Bolsonaro came to power; he's been "in a voluntary retreat," as he puts it. But Maggi is so concerned about the damage Bolsonaro's off the cuff remarks and policies are doing to international relationships he decided to speak out earlier this week.

Former Brazil Agriculture Minister Blairo Maggi, who has broken a self-imposed silence to criticize the Bolsonaro government, saying that its rhetoric and policies could threaten Brazil's international commodities trade.

Senado Federal / Visualhunt / CC BY

Maggi, a ruralista who strongly supports agribusiness, told the newspaper, Valor Econômico, that, even if the European Union doesn't get to the point of tearing up a deal that has taken 20 years to negotiate, there could be long delays. "These environmental confusions could create a situation in which the EU says that Brazil isn't sticking to the rules." Maggi speculated. "France doesn't want the deal and perhaps it is taking advantage of the situation to tear it up. Or the deal could take much longer to ratify — three, five years."

Such a delay could have severe repercussions for Brazil's struggling economy which relies heavily on its commodities trade with the EU. Analysists say that Bolsonaro's fears over such an outcome could be one reason for his recently announced October meeting with Chinese President Xi Jinping, another key trading partner.

Maggi is worried about another, even more alarming, potential consequence of Bolsonaro's failure to stem illegal deforestation — Brazil could be hit by a boycott by its foreign customers. "I don't buy this idea that the world needs Brazil … We are only a player and, worse still, replaceable." Maggi warns, "As an exporter, I'm telling you: things are getting very difficult. Brazil has been saying for years that it is possible to produce and preserve, but with this [Bolsonaro administration] rhetoric, we are going back to square one … We could find markets closed to us."

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