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Tag: dicamba - Organic Lifestyle Magazine Tag: dicamba - Organic Lifestyle Magazine

EPA Allows the Use of Herbicide in Spite of Recent Court Ruling

The Environmental Protection Agency (EPA) has decided to allow farmers who purchased dicamba-based products to use them this year, despite a June 3rd ruling by the Ninth Circuit Court of Appeals that canceled the product’s approval. Bayer’s XtendiMax, BASF’s Engenia, and Corteva Agriscience’s FeXapan can now be used in specific circumstances after the EPA received feedback from farmers who had already purchased the herbicides.

At the height of the growing season, the Court’s decision has threatened the livelihood of our nation’s farmers and the global food supply…Today’s cancellation and existing stocks order is consistent with EPA’s standard practice following registration invalidation, and is designed to advance compliance, ensure regulatory certainty, and to prevent the misuse of existing stocks.”

Andrew Wheeler, EPA Administrator

According to the order, distribution or sale of the dicamba-based herbicides are still prohibited unless for proper disposal or returns. Those who purchased the herbicides before the June 3rd cancellation are still able to use them. All of use of these systems must cease by July 31st.

The Center for Food Safety and the Center for Biological Diversity (CBD) have already filed a motion asking the Ninth Circuit Court to hold Wheeler and the EPA in contempt for allowing farmers to use the product in defiance of the court’s decision.

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It’s mind-boggling to see the EPA blatantly ignore a court ruling, especially one that provides such important protections for farmers and the environment…We’re asking this court to restore the rule of law at the Trump EPA.”

Stephanie Parent, a senior attorney with the Center for Biological Diversity




U.S. Court Cancels EPA Approval of Nayer’s Dicamba-Based Herbicide

The Ninth U.S. Court of Appeals in San Francisco ruled that the Environmental Protection Agency (EPA) broke the law when they approved Bayer’s XtendiMax dicamba-based herbicide system and revoked the approval of that product. They also canceled registrations for the additional dicamba-based herbicides, like BASF’s Engenia and Corteva Agriscience’s FeXapan. Sales of the herbicide have been stopped, and farmers planning to use the system this year will now be unable to.

Dicamba has been the subject of several lawsuits, including a $265 million verdict against Bayer earlier this year, due to the herbicide drifting onto nd damaging other plants when it’s applied. The decision by the federal court determined that the EPA underestimated the extent of dicamba’s drift when they approved Bayer’s (then Monsanto) XtendiMax.

We hold that the EPA substantially understated risks that it acknowledged and failed entirely to acknowledge other risks.”

Judge William Fletcher

Related: Foods Most Likely to Contain Glyphosate

The petition was brought to the Court of Appeals by the National Family Farm Coalition, Center for Food Safety, Center for Biological Diversity, and the Pesticide Action Network North America. The court’s verdict is a big win for environmental groups and farmers with pending cases against Bayer.

This is a massive victory that will protect people and wildlife from uses of a highly toxic pesticide that never should have been approved by the EPA. The fact that the Trump EPA approved these uses of dicamba despite its well-documented record of damaging millions of acres of farmland, tree groves and gardens highlights how tightly the pesticide industry controls EPA’s pesticide-approval process.”

Lori Ann Burd, Center for Biological Diversity

The decision also comes at a time that the current administration is strategically dismantling EPA policies designed to protect citizens and the environment from big business pollution.

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Dicamba – The Herbicide Monsanto is Promoting to Replace Roundup’s Glyphosate

Dicamba is the active ingredient, or is one of a few active ingredients, in herbicidal products the same way glyphosate is the active ingredient in Roundup. It’s been commonly used for over seventy years in professional landscaping as well as home gardening, and its recent popularity is on the rise thanks to the public gaining knowledge regarding the harmful effects of Monsanto’s Roundup. Monsanto has reintroduced Dicamba as the herbicide for the “next-generation.”

The product is causing damage when it drifts onto other fields, and many state agriculture authorities have either banned the substance or are considering such bans. Dicamba lawsuits from commercial farmers are becoming more frequent as well.

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What is Dicamba?

First developed in England during the Second World War, dicamba is a broad-spectrum herbicide found in several brands of commercial weed killer, including Ortho Weed B Gon, Ace Lawn Weed Killer and Roundup Max. Chemically, it’s part of a group known as the chlorophenoxy family. More specifically, it is an organochloride, a carbon-based compound, the molecules of which contain atoms of the element chlorine. It is derived from benzoic acid, a substance occurring naturally in several plant species and commonly used as a food preservative.” – Dicamba Drift Lawsuit Lawyer – Crop Damage Compensation

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For a toxin, Dicamba may be safer to humans than glyphosate. It seems we pass it through our urine, and studies indicate that residues do not bioaccumulate in biological systems. To say a product is “safer,” compared to glyphosate, certainly does not indicate that the product is safe, and no long term studies have been done on the health effects of Dicamba. It’s clearly not good for the environment, and it doesn’t belong in our food supply.

Almost exactly a year ago, on Oct. 27, 2016, farm worker Allan Curtis Jones allegedly shot and killed soybean farmer Mike Wallace on a county road in Arkansas. The sheriff later told reporters that the two men had been arguing. Their dispute, the sheriff said, apparently revolved around a phenomenon known in the region as ‘dicamba drift.’ – NBC News

Related: PCBs, Roundup, and Dicamba – Monsanto’s Current Problems

In the heartland states, NBC reports that farmers are pitted against each other. Farmers not using the product report the chemical has wafted onto their fields and damaged their crops which are not genetically modified to withstand Dicamba.

Jones has pleaded not guilty to a first-degree murder charge. He is slated to go to trial in December.

According to the state’s farm bureau website, Arkansas ranks third in domestic cotton production, accounting for approximately 7 percent of the national crop. The state comes in at 10 in soybean production, and about half of that is exported.

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Dicamba Lawsuit Against Monsanto, BASF, and DuPont Filed as Farmers Deal With Drift

There have been rumblings from farmers dealing with the damage caused by herbicide dicamba for quite some time now, and (legal) shots have now been fired. On Monday, a complaint against Monsanto, BASF, and DuPont was filed in Southern Illinois on behalf of Brian Warren, owner of Warren Farms in Broughton, IL. Filed by an attorney from Classaction.com, Rene Rocha, the lawsuit alleges that dicamba was deceptively marketed as “low-volatility”, a claim that the 2,242 farmers currently dealing with crops ruined by the herbicide would dispute.

Related: Monsanto’s Glyphosate, Fatty Liver Disease Link Proven – Published, Peer-reviewed, Scrutinized Study

Dicamba has been touted as a replacement for glyphosate, whose effectiveness is dwindling as glyphosate-resistant, “super weeds” like Palmer amaranth become more common. For a new product launch, companies commission their own tests and share them with regulatory agencies. Conversations with scientists responsible for initial safety tests run by Monsanto have revealed that the company specifically did not allow them to test their new version of dicamba for volatility. The Environmental Protection Agency allowed to company to release the herbicide anyway.

Currently, more than 3 million acres of crops have been damaged by dicamba drift. States with substantial acreage devoted to growing soybeans, like Iowa, are experiencing record numbers of complaints from farmers. According to Scott Partridge, Monsanto’s vice-president of global strategy, as much as three-fourths of the problems occurring with dicamba application are caused by operator error. This actually makes sense.  The insert that accompanies XtendiMax seems more suited for a meteorologist, with instructions like “If fog is not present, inversions can also be identified by the movement of smoke from a ground source or an aircraft smoke generator…” and a chart designed to inform farmers of the ideal wind speed to apply the product during (3 and 10 miles an hour).

Related: Understanding and Detoxifying Genetically Modified Foods

Where is the Recourse?

If your neighbors have applied the product incorrectly (and they likely have: check out these instructions!), you don’t have much recourse. Insurance companies are unlikely to find in your favor, and Monsanto has made it clear where they feel the blame lies. In fact, the damage caused by dicamba is likely to be a good thing for Monsanto. Farmers hoping to avoid a repeat of this year’s devastated crops could end up purchasing dicamba-resistant crops.

So we arrive back at the newly filed lawsuit. Farmers like Brian Warren who sue frequently lose, or spend so much money and time in court with biotech companies that a win ends up costing more than the initial loss. At this point, many farmers will have to write off this year’s crops and make a big decision about next year. They can purchase dicamba-resistant seeds and grow the demand for a product that isn’t safe and doesn’t behave as promised or they can potentially lose their livelihood. What kind of choice is that?

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PCBs, Roundup, and Dicamba – Monsanto’s Current Problems

They say bad news comes in threes, and biotech giant Monsanto can certainly attest to the truth of that statement right now. Their newest product line, XtendiMax (better known as dicamba), made it to market without proper volatility testing. This refers to the product’s tendency to vaporize and travel. Subsequently, dicamba is drifting, causing major damage to neighboring crops, and currently banned in one U.S. state. There have also been two separate instances of newly released documents confirming that Monsanto knew two of their products, PCBs (from 1935 and 1977) and glyphosate, are harmful and continued to defend and sell them in spite of that.

For years, Monsanto has presented unsafe products as safe with little to no repercussion. Yet it is still on track to further dominate the food supply due to the company’s merger with Bayer. So why are the agencies charged with regulating food and environmental safety ok with Monsanto’s market control in the face of their shady practices?

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Past Indiscretions with PCBs

PCBs, or polychlorinated biphenyls, were banned pretty much everywhere in 1979 after being linked to cancer and environmental degradation. PCBs began manufacture in 1935, and the first evidence of their toxicity appeared in 1937, after three workers who handled the chemicals died from acute liver damage. Serious health and environmental concerns continue to be reported to this day, even though the largest manufacturer of these, Monsanto, halted their production in 1977.

Monsanto is currently being sued by the state of Washington and eight cities for PCB contamination. Recently released documents have confirmed that Monsanto was aware of the effect of PCBs as early as 1969, eight years before they stopped selling them. A 1969 pollution abatement plan from the company acknowledged the product’s risks, stating “…“The evidence proving the persistence of these compounds and their universal presence in the environment is beyond questioning.” In another letter from a Monsanto manager in 1975, the company knew that “There is a potential real effect to humans – including death…”

In Monsanto’s own words, PCBs are dangerous in more ways than one. Yet they made money and Monsanto is first and foremost a business. But this wouldn’t be the only instance of company records showing corporate profits trump health, safety, and environmental concerns.

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Present Problems with Roundup

More court documents exposing Monsanto’s behind the scenes manipulations were released by attorneys pursuing claims against the company in regards to the link between Roundup and non-Hodgkin’s lymphoma. Attorneys from the law firm Baum Hedlund Aristei Goldman released more than 700 pages of internal documents, detailing Monsanto’s behind the scenes activities. Numerous emails, texts, and other documents confirm that employees at Monsanto ghostwrote and manipulated scientific studies and expert panel discussions, failed to disclose conflicts of interest, discredited multiple negative glyphosate studies, and colluded with the Environmental Protection Agency. The International Agency for Research on Cancer (IARC) labeled glyphosate as probably carcinogenic to humans in 2015, but it’s clear from the recently released documents that Monsanto has known this since before 2008.

These documents also make Monsanto’s strategy for avoiding regulation clear: government collusion. Many of the documents released are communications with high ranking individuals at the Environmental Protection Agency, imploring them to delay scientific reviews of glyphosate multiple times. Monsanto’s has a clear modus operandi once they learn their products cause human harm – muddy the scientific waters, defend it furiously, and make as much money as possible. Their experience with PCBs was a learning experience. The lesson? Get the agencies regulating you to do the dirty work.

Related: Understanding and Detoxifying Genetically Modified Foods

Future Uncertainty with Dicamba

The Environmental Protection Agency approved Monsanto’s newest version of dicamba, XtendiMax, in November of 2016. Poised to replace glyphosate now that many weeds are developing resistance to that product, many farmers instead experienced serious crop loss after illegal versions of it used prior to that release drifted onto their fields from neighboring farms. With the product officially released, Monsanto is now facing a class actions lawsuits from farmers reporting severe losses for the second year in a row.

Testimony from researchers, regulators, and a company employee indicate that Monsanto used its influence to bring the product to market without all of the proper tests, including a proper volatility test. In fact, testing contracts for the product explicitly forbade it. Yet the EPA approved the product without it.

Arkansas was the only state to ask for additional testing. Monsanto denied that request. Arkansas has now banned dicamba, and other states are now assessing damage from the herbicide for the second year in a row. This damage occurs when dicamba drifted to other, non-modified crops, the exact scenario further testing could have predicted. A class action lawsuit is pending.

Is It Too Late?

Monsanto wields incredible influence with government agencies, scientists, and researchers. This allows the company to continually deny and create confusion around health and environmental damages that their products are actually causing. And it’s scary. What chance do we have when those charged with upholding regulations created to protect the public are on the Monsanto Christmas card list?

It took nearly a decade from when Monsanto privately acknowledged the damage PCBs were causing for regulatory agencies to do something about it. The new formulation of dicamba, XtendiMax, has been on the market for less than a year and has been banned in both Arkansas and Missouri. The times are changing.

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