Week 2 of the #FluorideLawsuit: EPA Rests Their Case, Admits Harm Related to Fluoride Exposure

On Tuesday morning, the U.S. Environmental Protection Agency (EPA) finished presenting their expert witnesses, and rested their case in the second phase of the long-delayed fluoride lawsuit. Judge Edward Chen ordered the EPA and the plaintiffs, led by Fluoride Action Network (FAN) attorney Michael Connett, to reconvene via Zoom on February 20th at 9:30 am for closing statements and questions from the judge.

The lawsuit was filed by FAN, Moms Against Fluoridation, and individual plaintiffs who are seeking to prove that fluoride is a neurotoxin and should be banned. The lawsuit originally began after the EPA’s 2016 decision to deny the plaintiff’s petition under the Toxic Substances Control Act (TSCA).

The final 3 days of the proceedings centered around the EPA’s expert witnesses, Dr. David Savitz and Dr. Stanley Barone. A third EPA witness, Dr. Jesus Ibarluzea, was testifying in the form of a prerecorded video. Judge Chen decided he would view this video privately after the court adjourned.

The closing days of the trial featured several revealing moments, including Judge Chen and the EPA’s witnesses acknowledging that fluoride can cause neurodevelopmental issues, and Dr. Barone struggling to answer a question regarding pregnant mothers and fluoride exposure.

Much of the discussion focused on the EPA’s argument that while there is clearly an association between fluoride exposure and lower IQ, it is only at levels above 2 milligrams per liter of fluoridated water, not at, or near, the 0.7 milligram per liter recommended by the Centers for Disease Control and Prevention (CDC).

At one point Judge Chen asked Dr. Savitz if he agreed with the conclusion that there is evidence of harm from fluoride around 1.5 milligrams per liter of fluoridated water. Savitz said he would place emphasis on the 1 to 2 milligram per liter, and called for more studies in that range.

Keep reading

The E In EPA Certainly Isn’t For ‘Ethics’

If President Biden is serious about finding a renewable energy source, he should look down Pennsylvania Avenue to the Headquarters of the Environmental Protection Agency (EPA). The EPA’s door revolves fast enough to power the nation for decades, with the rate of spin exceeded only by the attempts to provide cover over possible ethics missteps.

Protect the Public’s Trust (PPT) has developed an extensive file of probable ethics violations by senior EPA officials. Many of these violations appear to occur because the EPA has ignored or sidestepped rules governing “the revolving door” between government and the private sector, though they certainly don’t stop there. As our Ethics Waiver Report demonstrated, the Biden Administration has perfected the practice of recruiting appointees from the universe of aligned environmental activist groups, state agencies, and universities. The inevitable conflicts of interest are buried under a blizzard of ethics waivers and then, after putting in enough time to learn the federal ropes, some go back to more lucrative and senior positions outside.

For example, Casey Katims joined EPA from Washington State where he worked for Governor Jay Inslee, who helped create the U.S. Climate Alliance (USCA). As EPA’s deputy associate administrator for intergovernmental relations, Katims kept extremely close relations with USCA and eventually left EPA to join it as executive director.

Melissa Hoffer departed the Massachusetts Attorney General’s office to become acting General Counsel at EPA, where she was given a waiver to participate in 37 pending matters involving Massachusetts. When she left the EPA, she ignored her obligation to timely advise the ethics office of negotiations to rejoin Massachusetts government as its first-ever “Climate Czar.” That failure is likely a violation of the Stock Act (a criminal statute) – inexcusable for a senior lawyer with Hoffer’s experience and responsibilities. It was made worse by the career agency ethics official, Justina Fugh, designated to enforce the rules. Sadly, this is far from the only incident in which Ms. Fugh appears to have played a central role in moving the goalposts to thwart violations from landing on senior officials.

Keep reading

EPA Authorizes Release of 2 Billion More GMO Mosquitoes as Reports of Malaria Surface in States That Already Released Them

GE mosquitoes created by biotechnology company Oxitec have been released in the U.S., even though the long-term effects could be disastrous.

Oxitec is using Aedes aegypti (A. aegypti) mosquitoes for this real-world experiment, the species known to carry yellow fever, dengue fever, chikungunya, Zika, West Nile and Mayaro, a dengue-like disease.

Oxitec genetically engineered the males to carry a “genetic kill switch,” such that when they mate with wild female mosquitoes, their offspring inherits the lethal gene and cannot survive or reproduce in the wild.

In the U.S., Oxitec is marketing the insects as Oxitec Friendly mosquitoes, trying to put a non-threatening name on a reckless project that could quickly backfire.

It may even be too late, as the GE mosquitoes have already been released in multiple locations.

Keep reading

Despite SCOTUS Ruling Limiting Its Authority, EPA Tries To Unilaterally Regulate Carbon Emissions Again

After a bruising defeat at the Supreme Court, the Biden administration is back to crafting regulatory limits on power plant emissions. A forthcoming rule from the Environmental Protection Agency (EPA) would require that carbon-producing coal and gas power plants slash their greenhouse gas emissions by 2040, reports The New York Times.

These emissions limits would be so strict that coal plants likely have to adopt carbon capture technology to meet them while gas plants would have to switch to burning carbon-free hydrogen gas, say administration officials to the Times.

The yet-to-be-made-public rule is currently being finalized by the White House’s Office of Management and Budget.

Since coming into office, President Joe Biden has been working on a rule to limit greenhouse gas emissions from power plants. This has been a liberal priority going back to the Obama administration, which tried and failed to get Congress to enact an emissions cap-and-trade scheme in 2009.

Undeterred, in 2015, Obama’s EPA implemented very similar regulations to those that were found in the 2009 legislation, claiming that the Clean Air Act had given it the power to regulate carbon emissions all along.

Keep reading

EPA finds radioactive contamination in more areas of West Lake Landfill

Radioactive waste in the West Lake Landfill is more widespread than previously thought, officials from the U.S. Environmental Protection Agency said Tuesday.

The finding is based on two years of testing at the St. Louis County site, which has held thousands of tons of radioactive waste for decades. An underground “fire” in another area of the landfill threatens to exacerbate the issue, which residents believe is responsible for a host of mysterious illnesses.

Chris Jump, the EPA’s remedial project manager for the site, said the findings don’t change the agency’s planned cleanup strategy or the level of risk the site poses to the surrounding residents. The radioactive waste is still within the footprint of the landfill, she said.

“The site boundaries themselves aren’t expanding, but the area that will need the radioactive protective cover is larger than previously known,” Jump said to a crowd of about 50 Tuesday night at the District 9 Machinists hall in Bridgeton.

The Missouri Independent and MuckRock are partnering to investigate the history of dumping and cleanup efforts of radioactive waste in the St. Louis area.

St. Louis was pivotal to the development of the atomic bomb during World War II, and community members say they’re still suffering. Waste from uranium processing in downtown St. Louis — part of the Manhattan Project — contaminated Coldwater Creek, exposing generations of children who played in the creek and most recently forcing the shutdown of an area elementary school.

Keep reading

EPA Wants To Move Chemical Waste From Ohio Train Crash To Landfill In Another State

Indiana Republican Governor Eric Holcomb denounced a plan from the Environmental Protection Agency to move chemical waste from the train derailment in East Palestine, Ohio, to a landfill in the western portion of the Hoosier State.

Local and state authorities previously evacuated all residents within one mile of the February 3 derailment and started a controlled burn of industrial chemicals on the vehicle to decrease the risk of an explosion, which could have sent shrapnel throughout the small Ohio town. Vinyl chloride, a carcinogen used to manufacture PVC, was emitted from five train cars in the form of massive plumes of black smoke visible throughout eastern Ohio and western Pennsylvania.

Officials from the EPA revealed on Monday that contaminated waste from the disaster would be transported to an incinerator in Grafton, Ohio, and a landfill in Roachdale, Indiana, according to a report from Fox 59. The former city is 103 miles from East Palestine, while the latter is 402 miles from the small rust belt community.

Holcomb revealed in a Tuesday press release that he disagrees with the decision to transport chemical waste from the disaster site on the eastern border of Ohio to the far western portion of Indiana, effectively crossing the breadth of both midwestern states.

“There has been a lack of communication with me and other Indiana officials about this decision,” Holcomb said. “After learning third-hand that materials may be transported to our state yesterday, I directed my environmental director to reach out to the agency. The materials should go to the nearest facilities, not moved from the far eastern side of Ohio to the far western side of Indiana.”

Holcomb added that he requested to speak with EPA Administrator Michael Regan about the decision and “what precautions will be taken in the transport and disposition of the materials.”

Norfolk Southern, the company at the center of the derailment, warned the EPA that a number of other volatile chemicals beyond vinyl chloride, including ethylene glycol monobutyl ether and ethylhexyl acrylate, were present at the site. The EPA released the full list of substances only after residents were told they could safely return to their homes.

Keep reading

‘Trust the Government’ EPA Chief Tells Worried East Palestine Residents

The head of the U.S. Environmental Protection Agency (EPA) went to the scene of the freight train derailment in East Palestine, Ohio, on Thursday and told the community he was from the government and was there to help in the wake of the disaster.

EPA Administrator Michael Regan saw a creek that still reeks of carcinogenic chemicals following the toxic train derailment in the town earlier this month. He sought to reassure skeptical locals the water is fit for drinking and the air safe to breathe in surrounds where just under 5,000 people make their homes near the Pennsylvania state line.

“I’m asking they trust the government. I know that’s hard. We know there’s a lack of trust,” Regan said, according to AP “We’re testing for everything that was on that train.”

Regan’s visit came in the wake of Senator J.D. Vance (R-OH) who discovered what appeared to be residual contamination in the water of a creek in the same area, as Breitbart News reported.

“So I’m here at Leslie Run, and there’s dead worms and dead fish all throughout this water,” Vance said in a video posted to his Twitter account on Thursday. “Something I just discovered is that if you scrape the creek bed, it’s like chemical is coming out of the ground.”

Keep reading

EPA Refuses to Regulate Pesticide-Coated Seeds That Harm Pollinators

Last week, the U.S. Environmental Protection Agency (EPA) denied a legal petition by Center for Food Safety (CFS), Pesticide Action Network of North America and others, demanding that the agency fix its failure to regulate pesticide-coated seeds, which are known to be widely harming bees and other pollinators.

These crop seeds are coated with systemic insecticides known as neonicotinoids, the most widely used insecticides, and have devastating environmental effects.

CFS filed the rulemaking petition in 2017 that would close the loophole, but was forced to take take the agency to court when EPA failed to answer the petition as of late 2021.

Last week’s response is issued pursuant to a court-set deadline.

“We gave EPA a golden chance and a blueprint to fix a problem that has caused significant harm to people, bees, birds, and the environment — and it stubbornly refused,” said Amy van Saun, senior attorney with the Center for Food Safety. “It’s extremely disappointing and we’ll be exploring all possible next steps to protect communities and the environment from the hazard of pesticide-coated seeds, including a lawsuit challenging this decision.”

Crops grown from pesticide-coated seeds, such as corn, soybean and sunflower seeds cover over 150 million acres of U.S. farmland each year.

Neonicotinoids are taken up into the plant’s circulatory system as the plant grows, permeating leaf, pollen, nectar and other plant tissues. Neonicotinoids affect the central nervous system of insects, causing paralysis and death.

Sublethal impacts include impaired navigation and learning. As a result, beneficial insects, valuable pollinators and birds — including threatened and endangered species protected under the Endangered Species Act — are killed or injured.

For songbirds, ingesting just one neonic-coated seed can cause serious harm or death.

Additionally, more than 80% of the pesticide coating can leave the seed, contaminating the air, soil and waterways of surrounding environments. Most notably, clouds of neonicotinoid-laced dust released during planting operations have caused mass die-offs of honeybees and wild native bees.

Keep reading

EPA Ignores Own Science, Plans to Reapprove Deadly Neonicotinoid Pesticides

Recent coverage by The Guardian of the U.S. Environmental Protection Agency’s (EPA’s) plan — to extend the registration of several demonstrably harmful neonicotinoid insecticides — compels Beyond Pesticides to identify, once again, the agency’s failures to enact its core mission.

That mission is “to protect human health and the environment,” and to ensure that “national efforts to reduce environmental risks are based on the best available scientific information.”

EPA has undertaken a review of the registration of several members of the neonicotinoid (neonic) family of pesticides and, despite the agency’s own findings of evidence of serious threats to pollinators, aquatic invertebrates, and other wildlife, it issued interim decisions on these neonics in January 2020 that disregard the science on the pesticides’ impacts.

EPA appears to be prepared to finalize these registrations late in 2022; this would, barring further action, extend the use of these harmful compounds for 15 years.

Neonics are used widely in the U.S., both on crops to kill sucking insects, and as seed treatments with the same goal for the developing plant.

These insecticides are systemic compounds, meaning that once applied, they travel to all parts of a plant through the vascular system, and are then present in pollen, nectar, and guttation droplets.

Non-target organisms — such as bees, butterflies, birds, bats, and other insects — feed and drink from those sources and are thus readily and indiscriminately poisoned.

Keep reading

EPA Knew Fracking Chemicals Were Toxic, But Approved Them Anyway

Between 2012 and 2020, fossil fuel corporations injected potentially carcinogenic per- and polyfluoroalkyl substances (PFAS), or chemicals that can degrade into PFAS, into the ground while fracking for oil and gas, after former President Barack Obama’s Environmental Protection Agency approved their use despite agency scientists’ concerns about toxicity.

The EPA’s approval in 2011 of three new compounds for use in oil and gas drilling or fracking that can eventually break down into PFAS, also called “forever chemicals,” was not publicized until Physicians for Social Responsibility (PSR) obtained internal records from the agency through a Freedom of Information Act request, the New York Times reported Monday after reviewing the files.

According to PSR’s new report, “Fracking with ‘Forever Chemicals,’” oil and gas companies including ExxonMobilChevron, and others engaged in hydraulic fracturing, or fracking, have since 2012 pumped toxic chemicals that can form PFAS into more than 1,200 wells in Arkansas, Louisiana, Oklahoma, New Mexico, Texas and Wyoming.

While the Times noted that the newly released documents constitute some of the earliest evidence of the possible presence of PFAS in fracking fluids, PSR’s report warns that “the lack of full disclosure of chemicals used in oil and gas operations raises the potential that PFAS could have been used even more extensively than records indicate, both geographically and in other stages of the oil and gas extraction process, such as drilling, that precede the underground injections known as fracking.”

Keep reading