Altho the 9th Circuit Court of Appeals has just ordered the US Environmental Protection Agency (EPA) to ban this toxic pesticide within 60 days, the court order happened only because citizens stepped forward individually and as part of environmental advocacy groups to protect the public, particularly children. I’m posting the article describing the pesticide so you can see an example of a situation where the risk was clear, but the EPA was going to ignore it. Thanks to everyone involved.
For half a century, U.S. staple foods such as corn, wheat, apples and citrus have been sprayed with chlorpyrifos, a dangerous pesticide that can damage the developing brains of children, causing reduced IQ, loss of working memory, and attention deficit disorders.
Earthjustice, among other groups, has for years pushed the U.S. Environmental Protection Agency to ban chlorpyrifos, as it is known to harm health, water and wildlife. The EPA was expected to make a decision by March 31, under a court order deadline. On March 29, the EPA refused to ban the pesticide. (Read reactions to the EPA’s decision.)
“EPA is refusing to ban a pesticide that harms children’s brains. It is acting contrary to the law, the science, and a court order. In a word: unconscionable,” said Patti Goldman, managing attorney at Earthjustice, in response to the EPA’s decision. A week after the EPA’s announcement, Earthjustice, representing Pesticide Action Network and the Natural Resources Defense Council, asked the U.S. Court of Appeals for the Ninth Circuit to order the EPA to act based on its own scientific conclusions and permanently ban chlorpyrifos.
Here’s what you should know about chlorpyrifos and the ongoing struggle to keep this dangerous chemical away from our food, water, and wildlife:
TP MARTINS / CC BY-NC-SA 2.0
Since the 1960s, staple foods in the United States have been sprayed with chlorpyrifos, a dangerous pesticide that can permanently damage the developing brain of children and poison farmworkers.
What is chlorpyrifos?
Chlorpyrifos (pronounced: klawr-pir-uh-fos) is a neurotoxic pesticide widely used in U.S. agriculture. Generally sprayed on crops, it’s used to kill a variety of agricultural pests. It has a slightly skunky odor, similar to rotten eggs or garlic, and can be harmful if it is touched, inhaled, or eaten.
Chlorpyrifos is acutely toxic and associated with neurodevelopmental harms in children. Prenatal exposures to chlorpyrifos are associated with lower birth weight, reduced IQ, loss of working memory, attention disorders, and delayed motor development.
Acute poisoning suppresses the enzyme that regulates nerve impulses in the body and can cause convulsions, respiratory paralysis, and, in extreme cases, death. Chlorpyrifos is one of the pesticides most often linked to pesticide poisonings.
How are people exposed to chlorpyrifos?
People are exposed to chlorpyrifos through residues on food, drinking water contamination, and toxic spray drift from pesticide applications. Farmworkers are exposed to it from mixing, handling, and applying the pesticide; as well as from entering fields where chlorpyrifos was recently sprayed. Residential uses of chlorpyrifos ended in 2000 after EPA found unacceptable risks to kids.
Children often experience greater exposure to chlorpyrifos and other pesticides because they frequently put their hands in their mouths and, relative to adults, they eat more fruits and vegetables, and drink more water and juice for their weight.
ANNETTE DUBOIS / CC BY 2.0
Children often experience greater exposure to chlorpyrifos because they drink more water and juice for their weight, relative to adults, and frequently put their hands in their mouths.
LANCE CHEUNG / USDA
A farmworker gathers sweet potatoes in Mechanicsville, VA. Sweet potatoes are one of the many crops that chlorpyrifos is used on. Agricultural workers are at high risk for pesticide poisoning.
CHRIS JORDAN-BLOCH / EARTHJUSTICE
Jim Cochran, a strawberry farmer, was poisoned by pesticides. People told him no one cared about healthy food and healthy workers. He decided to prove them wrong. More on Jim’s story
Why do we need a ban?
A growing body of evidence shows that prenatal exposure to very low levels of chlorpyrifos—levels far lower than what EPA was previously using to establish safety standards—harms babies permanently. Peer-reviewed studies that have tracked real-world exposures of mothers and their children to chlorpyrifos have associated the pesticide with similar findings.
All food exposures exceed safe levels, with children ages 1–2 exposed to levels of chlorpyrifos that are 140 times what EPA deems safe.
There is no safe level of chlorpyrifos in drinking water.
Pesticide drift reaches unsafe levels at 300 feet from the field’s edge.
Chlorpyrifos is found at unsafe levels in the air at schools, homes, and communities in agricultural areas.
All workers who mix and apply chlorpyrifos are exposed to unsafe levels of the pesticide even with maximum personal protective equipment and engineering controls.
Field workers are allowed to re-enter fields within 1–5 days after pesticide spraying, but unsafe exposures continue on average 18 days after applications.
Farmworkers and people living in agricultural communities, particularly children, are disproportionately affected by this toxic pesticide. In addition to food exposures, they are more likely to have contaminated drinking water, and they are, quite literally, getting hit from all sides by drift exposures at school, daycare, on the playground, at work, and in their homes.
CHRIS JORDAN-BLOCH / EARTHJUSTICE
Farmworkers harvest strawberries in Salinas, CA. Farmworkers and people living in agricultural communities are disproportionately affected by this toxic pesticide.
LANCE CHEUNG / USDA
More than half of all apples in the U.S. are sprayed with chlorpyrifos, a pesticide considered too toxic for residential use. Yet, the substance can still be used on our food.
Which crops have chlorpyrifos on them?
Chlorpyrifos is used on a wide variety of crops including apples, oranges, strawberries, corn, wheat, citrus and other foods families and their children eat daily.
In fact, over half of all apples and broccoli in the U.S. are sprayed with chlorpyrifos. USDA’s Pesticide Data Program found chlorpyrifos residue on citrus and melons even after being washed and peeled. By volume, chlorpyrifos is most used on corn and soybeans, with over a million pounds applied annually to each crop.
LANCE CHEUNG / USDA
A corn field in Wharton County, TX. More than a million pounds of chlorpyrifos are applied to corn crops each year.
TARNIE / CC BY-NC-ND 2.0
Strawberries are one of the many crops that chlorpyrifos is used on. The 1996 Food Quality Protect Act requires EPA to ensure with reasonable certainty that “no harm will result to infants and children from aggregate exposure” to pesticides.
What does the law require?
Following the release of a pivotal 1993 report by the National Academy of Sciences, Congress strengthened protections for children from pesticides. The NAS report criticized EPA for treating children like “little adults” by failing to address the unique susceptibility of children to pesticide exposures based on the foods they eat, their play, and sensitive stages of development.
The 1996 Food Quality Protect Act—passed unanimously in Congress—requires EPA to protect children from unsafe exposures to pesticides. The FQPA requires EPA to ensure with reasonable certainty that “no harm will result to infants and children from aggregate exposure” to pesticides. EPA cannot take industry costs into consideration when protecting children from harmful pesticides, because FQPA is a health-based standard.
If EPA cannot ensure that a pesticide won’t harm children, the law requires EPA to ban uses of the pesticide.
NICOLAS MICHAUD / CC BY-NC-ND 2.0
Children exposed in utero are particularly at risk. Pesticide drift reaches unsafe levels at 300 feet from the field’s edge.
Seven years later, following several lawsuits and delays, EPA had still not acted on the petition. In September 2014, on behalf of PAN and NRDC, Earthjustice filed a petition in the 9th Circuit Court of Appeals to compel EPA to act on the petition.
The following year, while calling EPA delays “egregious” and noting the agency sent a “litany of partial status reports, missed deadlines, and vague promises of future action,” the court ordered EPA to issue a final response to the petition by October 31, 2015.
That deadline was not met, and last August the court said EPA had to take final action on the petition by March 31 of this year. EPA’s own human health risk assessments show that there are no safe uses for chlorpyrifos.
What’s happening now?
On Aug. 9, 2018, the 9th Circuit Court of Appeals ruled that EPA must finalize its proposed ban on chlorpyrifoswithin 60 days, based on undisputed findings that the pesticide is unsafe for public health, and particularly harmful to children and farmworkers. “The Court ended EPA’s shameful actions that have exposed children and farmworkers to this poison for decades,” said Earthjustice attorney Marisa Ordonia. “Finally, our fields, fruits, and vegetables will be chlorpyrifos-free.”
Previous updates: On March 29, 2017, despite the overwhelming evidence that the pesticide harms children, workers and the environment, the EPA issued a decision refusing to ban the pesticide, because the agency wanted to continue studying the science.
On June 6, 2017, Earthjustice filed an administrative appeal to the EPA, on behalf of a dozen health, labor and civil rights organizations, urging the federal government to ban chlorpyrifos. The new appeal challenges, on its merits, the EPA’s March action that allows chlorpyrifos to continue to be used on food crops. The attorneys general of New York, California, Washington, Massachusetts, Maine, Maryland and Vermont filed their own appeal that same day, also calling for a ban. It is now up to EPA Administrator Scott Pruitt to decide the appeal.
On Dec. 20, 2017, the court granted a motion to expedite the case and denied EPA’s motion to dismiss Earthjustice’s petition to review the Pruitt order on chlorpyrifos. Several states who have also called for a chlorpyrifos ban were granted permission to intervene in the case.