US OP re-registration decisions challenged US farm workers and public interest groups have reopened a 2004 lawsuit against the EPA over re-registration decisions for the organophosphate insecticide, azinphos-methyl. The groups reached a settlement with the EPA last year, in which the Agency agreed to make decisions by specific dates (Agrow No 490, p 12). However, legal action has been renewed following the EPA's decision to extend the phase-out of some uses of the insecticide until 2012 (Agrow No 508, p 14). The latest action also challenges re-registration decisions for the organophosphate insecticides, phosmet and chlorpyrifos.
This month's lawsuit was filed by the law firm, Earthjustice, on behalf of United Farm Workers of America and others. "It is outrageous that the EPA allowed continued use of azinphos-methyl knowing that it would expose farm workers to unacceptable risks of pesticide poisonings," says Patti Goldman of Earthjustice. "Since growers have already had five years to shift to other pest controls, there is no reason to subject workers and their communities to more poisonings for another six years," she adds. The EPA originally proposed that the use of azinphos-methyl on almonds, Brussels sprouts, nursery stock, pistachios and walnuts should be phased out in 2007, while usage on apples, blueberries, cherries, pears and parsley should continue until 2010 (Agrow No 498, p 12). The Agency subsequently extended the phase-out periods by two years to allow the transition to alternative insecticides and for maximum residue limits for these alternatives to be established in export markets. Risk mitigation measures would be established to address concerns over occupational and ecological risks during the phase-out (Agrow ibid). Earthjustice maintains that the EPA has acted illegally by making re-registration decisions for azinphos-methyl based on "one-sided grower impact assessments". It argues that the Agency accounted for the economic benefits of the pesticide to growers, but failed to take account of the full social and environmental costs. The EPA's risk assessments show that the remaining uses of azinphos-methyl pose unacceptable risks to workers, the lawsuit points out. However, the Agency has minimised the risks by claiming that no incident or monitoring data reveal large-scale environmental or worker poisoning impacts. "It is irrational for the EPA to rely on the lack of monitoring data when the EPA does not require monitoring that would document such impacts," the lawsuit states. Last year's azinphos-methyl settlement also required the EPA to make regulatory decisions on nine time-limited uses of phosmet (Agrow ibid). The Agency subsequently extended most restricted entry intervals (REIs) and established other risk mitigation measures (Agrow No 512, p 12). This month's lawsuit challenges the legal basis of those decisions. "Since the phosmet re-registration is likely to remain in place long after azinphos-methyl is off the market, the EPA erred by not assessing the risks and benefits of retaining phosmet uses without longer REIs or closed cabs once azinphos-methyl is no longer a viable alternative," the lawsuit states. The lawsuit challenges the re-registration of chlorpyrifos on the grounds that the EPA failed to conduct a grower impact assessment. "It therefore had no basis for finding that benefits outweigh risks," the lawsuit states. Earthjustice is also critical of the EPA for failing to address uncertainties in the 2001 interim re-registration eligibility decision for chlorpyrifos when it completed its cumulative risk assessment for organophosphates last year. AGROW - World Crop Protection News - www.agrow.co.uk / 12 February 2007 COPYRIGHT: Informa UK Ltd 2007 Dan DiGiacomandrea Bayer CropScience 68 Chadwick Manor Fairport, NY 14450 585-330-3263 Fax 585-425-8774 Email: [EMAIL PROTECTED] Website: http://www.bayercropscienceus.com/rep/~dan.digiacomandrea _______________________________________________________________________________________________ The information contained in this e-mail is for the exclusive use of the intended recipient(s) and may be confidential, proprietary, and/or legally privileged. Inadvertent disclosure of this message does not constitute a waiver of any privilege. If you receive this message in error, please do not directly or indirectly use, print, copy, forward, or disclose any part of this message. Please also delete this e-mail and all copies and notify the sender. Thank you. For alternate languages please go to http://bayerdisclaimer.bayerweb.com _______________________________________________________________________________________________
