Angelita C. et al. v. California Department of Pesticide Regulation

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Regulatory capture: add cite

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Revision as of 05:12, 9 May 2024
Line 83:Line 83:
==Regulatory capture====Regulatory capture==
===EPA===
Methyl iodide was approved for use in the United States despite its health risks, after EPA director [[Stephen L. Johnson (politician, born 1951)|Stephen Johnson]] appointed as a regulator Elin Miller, previously the CEO of the North American branch of Arysta, the Japanese manufacturer of methyl iodide.{{sfn|Philpott|2011|p= }} Johnson, a Bush appointee, was accused by the eminent science journal ''Nature'' of "reckless disregard for law, science or the agency's own rules — or, it seems, the anguished protests of his own subordinates."{{sfn|Nature|2008|p= }} After the approval of methyl iodide's registration as a pesticide available in the United States, Arysta sold for $2.2 billion.{{sfn|Philpott|2011|p= }}{{bq|In 2006, the Japanese chemical giant Arysta presented it to the EPA as the perfect candidate to replace methyl bromide. The pitch: It works just as well on nematodes, but it doesn’t harm the ozone layer. As for farmworkers, well…{{sfn|Philpott|2011|p= }}}}Methyl iodide was approved for use in the United States despite its health risks, after EPA director [[Stephen L. Johnson (politician, born 1951)|Stephen Johnson]] appointed as a regulator Elin Miller, previously the CEO of the North American branch of Arysta, the Japanese manufacturer of methyl iodide.{{sfn|Philpott|2011|p= }} Johnson, a Bush appointee, was accused by the eminent science journal ''Nature'' of "reckless disregard for law, science or the agency's own rules — or, it seems, the anguished protests of his own subordinates."{{sfn|Nature|2008|p= }} After the approval of methyl iodide's registration as a pesticide available in the United States, Arysta sold for $2.2 billion.{{sfn|Philpott|2011|p= }}{{bq|In 2006, the Japanese chemical giant Arysta presented it to the EPA as the perfect candidate to replace methyl bromide. The pitch: It works just as well on nematodes, but it doesn’t harm the ozone layer. As for farmworkers, well…{{sfn|Philpott|2011|p= }}}}
Fifty-four scientists signed a letter of protest to the EPA strongly recommending against its approval, {{sfn|Kegley|Hill|DiBartolomeis|Mills|2006|p= }} citing omissions of peer-reviewed evidence, failure to document the modeling used, missing information and failure to identify vulnerable subpopulations.{{sfn|Kegley|Hill|DiBartolomeis|Mills|2006|p= }} The agency's assessment of risk to nearby populations also incorrectly treated exposure as "missing" and it should have used the AERMOD model instead. Estimates risk to of the length of workday; "exposure during tarp removal is completely uncharacterized," they said, and "air filtering respirators are inappropriately relied on and respiratory protection factors are overestimated."Fifty-four scientists signed a letter of protest to the EPA strongly recommending against its approval, {{sfn|Kegley|Hill|DiBartolomeis|Mills|2006|p= }} citing omissions of peer-reviewed evidence, failure to document the modeling used, missing information and failure to identify vulnerable subpopulations.{{sfn|Kegley|Hill|DiBartolomeis|Mills|2006|p= }} The agency's assessment of risk to nearby populations also incorrectly treated exposure as "missing" and it should have used the AERMOD model instead. Estimates risk to of the length of workday; "exposure during tarp removal is completely uncharacterized," they said, and "air filtering respirators are inappropriately relied on and respiratory protection factors are overestimated."
At a 2006 hearing of the Congressional Committee on Agriculture's Subcommittee on Conservation, Credit, Rural Development, and Research, EPA Assstant Administrator James B Gulliford Assistant Administrator Pesticides and Toxic Substances was aggressively quesioned by Bob Etheridge of North Carolina about "...why we are not doing more to perhaps try to extricate at least partially from our obligations under the Montreal so that agriculture can use methyl bromide in greater volumes than than it is now."t He added that it "was introduced over 70 years ago and there is no real that there is any kind of a health hazard for humans or or there is any runoff because of the gas."At a 2006 hearing of the Congressional Committee on Agriculture's Subcommittee on Conservation, Credit, Rural Development, and Research, EPA Assstant Administrator James B Gulliford Assistant Administrator Pesticides and Toxic Substances was aggressively quesioned by Bob Etheridge of North Carolina about "...why we are not doing more to perhaps try to extricate at least partially from our obligations under the Montreal so that agriculture can use methyl bromide in greater volumes than than it is now."t He added that it "was introduced over 70 years ago and there is no real evidence that there is any kind of a health hazard for humans or or there is any runoff because of the gas." ((sfn|Subcommittee on Conservation, Credit, Rural Development, and Research |2006| p= }}
"We have had the administrator come in and, in my opinion, lie to this committee." fumed Senator Sheldon Whitehouse of Rhode Island at a 2008 hearing of the Senate Committee on Environment and Public Works. "This looks like an agency that is now captive in the hands of industry, and is led by people whose job is not to follow the science, is not to protect the public, but is to deliver for the industry and then say whatever nonsense is necessary to try to cover their tracks."{{sfn|Senate Committee on Environment and Public Works|2015}}"We have had the administrator come in and, in my opinion, lie to this committee." fumed Senator Sheldon Whitehouse of Rhode Island at a 2008 hearing of the Senate Committee on Environment and Public Works. "This looks like an agency that is now captive in the hands of industry, and is led by people whose job is not to follow the science, is not to protect the public, but is to deliver for the industry and then say whatever nonsense is necessary to try to cover their tracks."{{sfn|Senate Committee on Environment and Public Works|2015}}

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