Center for Biological Diversity

For Immediate Release, March 21, 2017

Contact:  Courtney Sexton, (202) 547-9359, pr@centerforfoodsafety.org
Paul Achitoff, (808) 599-2436, achitoff@earthjustice.org
Stephanie Parent, (971) 717-6404, sparent@biologicaldiversity.org              
Linda Wells, (563) 940-1242, linda@panna.org
Jay Feldman, (202) 255-4296, jfeldman@beyondpesticides.org

Twice the Toxicity: Farmers, Public Interest Groups Sue EPA for Approving Highly Toxic Enlist Duo

Dow's Toxic Combo of Glyphosate, 2,4-D Will Dramatically Increase Spraying of Toxic Pesticides, Harming Farmers, Neighboring Crops, Wildlife

SAN FRANCISCO— Farmers, conservation groups and food- and farm-justice organizations sued the Environmental Protection Agency under new administrator Scott Pruitt today for approving Dow AgroScience’s highly toxic Enlist Duo. The novel mixture of the weed-killing chemicals glyphosate and 2,4-D is sprayed directly on corn, soybean and cotton plants that are genetically engineered by Dow to survive exposure to the pesticide. The EPA approved use of the pesticide in 34 states, posing extensive risk to rural communities, food supplies and the environment.

Farmers will be hit hard by the human-health harms of Enlist Duo, and are put at risk financially by 2,4-D’s known tendency to volatize, drift and damage neighboring crops. The U.S. Department of Agriculture projects that Enlist Duo’s approval will lead to as much as a seven-fold increase in agricultural use of 2,4-D — a component of the infamous Vietnam-era defoliant “Agent Orange” that has been linked to Parkinson’s disease, non-Hodgkin’s lymphoma and other reproductive problems. The other component of Enlist Duo is glyphosate, the active ingredient in Monsanto’s flagship pesticide Roundup. Glyphosate was classified as a probable human carcinogen by the World Health Organization in 2015.

This is the second lawsuit the groups have had to bring over the product. After the groups challenged its initial approval in 2014, the Obama administration agreed to reanalyze some of its impacts. Unfortunately the EPA then reaffirmed its original approval and dramatically expanded it, allowing Enlist Duo to be sprayed in more than twice as many states and on cotton in addition to corn and soybeans.

Enlist crops and Enlist Duo are part of a disturbing, industry-wide trend where crops are genetically engineered to withstand multiple pesticides, allowing pesticide companies like Dow and Monsanto to sell both expensive GE seeds and large quantities of the pesticide cocktails that are sprayed on them. While these GE crop systems initially provide a quick-fix way to kill weeds, the intensive spraying triggers rapid evolution of weed resistance to the chemicals. Just as overuse of antibiotics breeds resistant bugs and more antibiotics to kill them, so these GE crop systems drive a toxic spiral of increasing weed resistance and pesticide use. 

In addition to health risks, significant crop damage from pesticide drift, and increases in both weed resistance and pesticide use, spraying Enlist Duo on millions of acres will contaminate waterways and important wildlife habitat. The EPA’s own assessments found that Enlist Duo is highly toxic to numerous plants and animals, including endangered whooping cranes, Indiana bats and Hines emerald dragonflies found in or near agricultural fields.

The petitioners bringing the lawsuit are National Family Farm Coalition, Family Farm Defenders, Pesticide Action Network North America, Beyond Pesticides, Center for Food Safety and the Center for Biological Diversity, represented jointly by legal counsel from Earthjustice and Center for Food Safety.

Quotes
“In reissuing an expanded approval for this toxic chemical cocktail, the EPA has shown an utter disregard for human health, our drinking water and iconic endangered species like whooping cranes,” said Stephanie Parent, a senior attorney at the Center for Biological Diversity. “The law requires reasonable safeguards, and the EPA has left us with no choice but to force the issue in this suit.”

“Further industrialization of agriculture through Dow’s chemical solutions will lead to fewer family farmers, more pollution and more resistant weeds, but that will be okay for chemical companies like Dow with only one solution to every problem in agriculture — a sledgehammer of more chemicals and the GMOs immune to them. Enlist Duo’s own label recognizes there may be weed biotypes already resistant to glyphosate or 2,4-D,” said George Naylor of the National Family Farm Coalition, who farms non-genetically-engineered crops in Iowa.

Said Jim Goodman, Family Farm Defenders board member and organic farmer from Wonewoc, Wisconsin: “Roundup was initially touted as a replacement for older, more dangerous chemicals like 2,4-D. Now that Roundup, the widely used carcinogenic pesticide, is failing to kill weeds, Dow is bringing back 2,4-D and teaming them up to create a more toxic mix than ever. Will the buffer strips on my organic farm be adequate protection from the more volatile drift-prone nature of 2,4-D? I should not be put in the position to find out.”

“Scott Pruitt and the Trump administration are endangering farmers and the environment by caving to Big Ag and approving this highly toxic pesticide combo,” said Sylvia Wu, staff attorney for Center for Food Safety and legal counsel in the case. “Fortunately we have laws written to protect farmers and the environment, and we intend to have the Court enforce them.”

Earthjustice attorney Paul Achitoff said: “EPA knows that spraying a hundred thousand tons of this pesticide on millions of acres every year will threaten the survival and recovery of some of our most iconic endangered species, but it refuses to follow the law that protects them. We will hold EPA accountable.”

“The lack of vision and oversight by our federal agencies is outrageous,” said Marcia Ishii-Eiteman, a senior scientist at Pesticide Action Network North America. “By continuing to defer to the pesticide industry’s every wish, EPA shirks its duty to protect the health of rural communities and the livelihoods of farmers. It also locks us into a failed and obsolete model of chemical-intensive agriculture, rather than spearheading a transition to the healthy, vibrant food and farming system that Americans deserve. ”

“EPA’s registration of Enlist Duo, which causes unreasonable adverse effects to health and the environment, is responsible for increased 2,4-D use — as much as a seven-fold increase to 176 million per year by 2020, without the economic return achieved by those who practice sustainable organic production,” said Jay Feldman, executive director of Beyond Pesticides.

Pesticide spraying

Photo courtesy EPA. This image is available for media use.

Center for Food Safety’s mission is to empower people, support farmers, and protect the earth from the harmful impacts of industrial agriculture. Through groundbreaking legal, scientific, and grassroots action, we protect and promote your right to safe food and the environment. Please join our more than 800,000 consumer and farmer advocates across the country at www.centerforfoodsafety.org. Twitter: @CFSTrueFood, @CFS_Press

Earthjustice, the nation’s premier nonprofit environmental law organization, wields the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. Because the earth needs a good lawyer.

The Center for Biological Diversity is a national, nonprofit conservation organization with 1.2 million members and online activists dedicated to the protection of endangered species and wild places.

Pesticide Action Network North America works to replace the use of hazardous pesticides with ecologically sound and socially just alternatives. As one of five PAN Regional Centers worldwide, we link local and international consumer, labor, health, environment and agriculture groups into an international citizens’ action network. This network challenges the global proliferation of pesticides, defends basic rights to health and environmental quality, and works to ensure the transition to a just and viable society.

Beyond Pesticides, a national, nonprofit membership organization, works with allies to protect public health and the environment, and lead the transition to sustainable organic practices through public education, advocacy, and hands-on practices that eliminate toxic pesticides in communities across the country.

www.biologicaldiversity.org

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