CONTACT:

Linda Krop, EDC - 805.963-1622
Eric Cárdenas, EDC/CCEHP - 805.963-1622
Kristina Harrell, CRLA - 831.757-5221
Anne Katten, CRLA - 916-446-7901, ext. 19

Environmental and Farmworker Advocacy Groups File Lawsuit Challenging New Methyl Bromide Regulations. State Pesticide Agency Fails to Protect Public and Worker Health

Santa Barbara, CA. - On December 1, 2004 the Environmental Defense Center (EDC), California Rural Legal Assistance (CRLA), and California Rural Legal Assistance Foundation (CRLAF) filed suit against the California Department of Pesticide Regulation (DPR) for failing to adequately protect public health from the highly toxic pesticide methyl bromide.

Methyl bromide is a fumigant applied to soil before the planting of crops such as strawberries. Although widely used throughout California, including on the central coast, its production and consumption was scheduled to be banned by developed nations under the Montreal Protocol by 2005 due to its ability to deplete the Earth's protective ozone layer. It is also a central nervous system depressant and is listed on California's Proposition 65 list as a chemical known to cause reproductive harm.

The lawsuit alleges that DPR failed to protect workers and residents from seasonal (sub-chronic) exposure to this toxic pesticide in issuing the most recent guidelines covering the use of methyl bromide in California. In making its findings, DPR ignored the recommendations of scientists at the Office of Environmental Health Hazard Assessment (OEHHA) and further failed to consult adequately with the agency, both of which are required by law.

OEHHA's mission is to evaluate risks posed by hazardous substances. State law requires government agencies to jointly develop regulations with OEHHA to protect workers from risks posed by agricultural pesticides. Regulations that relate to health effects must be based upon the recommendations of OEHHA.

As written, DPR's new regulations for methyl bromide use allow sub-chronic exposure levels to reach 9 parts per billion for children and 16 parts per billion for adults. These levels are 900% higher than the levels OEHHA recommends for children (1 part per billion) and 800% higher for adults (2 parts per billion).

"Despite international recognition that governments should be discouraging the use of this extremely dangerous pesticide, the State of California continues to allow applications of methyl bromide at very toxic levels," said Linda Krop, Chief Counsel of the EDC. "The State Department of Pesticide Regulations has violated state law by ignoring the recommendations of its own risk assessment experts."

"The rule also violates State law and threatens public health by giving County Agricultural Commissioners discretion to reduce buffer zones intended to protect surrounding neighborhoods," said Anne Katten of CRLA Foundation.

"Children, farmworkers, and all those who live near methyl bromide use will bear the brunt of DPR's relaxed standards," said Kristina Harrell, Staff Attorney for CRLA.

On the south-central coast (Ventura, Santa Barbara, and San Luis Obispo Counties), nearly 2 million pounds of methyl bromide were applied in 2002, largely for the production of strawberries.

The current lawsuit brought by EDC, CRLA and CRLAF is part of an ongoing struggle against DPR to force adherence to State law in adopting pesticide regulations that are protective of public health. In 1998, environmental groups successfully sued DPR for failing to issue regulations governing the use of methyl bromide by the legal deadline. This is the second time since then that EDC and CRLA have sued DPR to ensure adequate compliance with state law and protection for workers and neighbors exposed to methyl bromide.

EDC is a non-profit, public interest environmental law firm serving Central Coast communities for over 25 years. EDC works to protect the environment, health and quality of life for Central Coast residents by providing legal services, advocacy support and education on a wide range of issues.

CRLA is a nonprofit law firm that advocates for farmworkers and other low income people throughout the State.

CRLA Foundation is a nonprofit organization dedicated to providing advocacy and educational assistance to California's farmworkers and other rural poor to improve social, health and economic conditions.