LAWSUIT WILL CHALLENGE EPA
OVER PESTICIDE (Fenthion) USE
Subject: LAWSUIT WILL CHALLENGE EPA OVER PESTICIDE USE
Date:
Fri, 1 Feb 2002 16:30:18 -0500
From: Stephen Tvedten <steve@getipm.com>
Organization: Get Set Inc. (www.getipm.com)
To: Paul Helliker <phelliker@cdpr.ca.gov>
Director, State of
California, Department of Pesticide Regulation
cc: Christine Whitman whitman.christine@epa.gov
LAWSUIT WILL CHALLENGE EPA OVER PESTICIDE USE WASHINGTON,
DC, January 30, 2002
(ENS) - A coalition of conservation groups plans to sue the
U.S. Environmental Protection Agency (EPA) over use of the pesticide fenthion to
kill mosquitoes in Florida.
The American Bird Conservancy, Defenders of Wildlife and
the Biodiversity Legal Foundation say the chemical, used to kill adult
mosquitoes in Florida, is also toxic to birds, putting thousands at risk as they
winter or breed in Florida. It has already been responsible for the deaths of
numerous species, including a federally listed piping plover, the groups charge.
A 60 day notice is required before legal action can be
taken in any case involving an endangered species. The groups' letter provides
the EPA with time to remedy the situation before litigation can begin. The
letter outlines violations of the Migratory Bird Treaty Act (MBTA) in the deaths
of dunlin, sandpipers, black skimmer and other birds that have been found on the
beaches areas that have been sprayed with fenthion by helicopter. The MBTA makes
killing any migratory bird without a permit a criminal offense, even if the
death was unintentional. For more than a year, American Bird Conservancy (ABC)
has been requesting that the EPA cancel all uses of fenthion due to its toxic
effect on birds and other wildlife. More than 40 partners joined the ABC in a
2000 letter to the EPA requesting the pesticide's withdrawal, and thousands of
comments have been generated in the public docket from individuals.
Even when used according to label instructions, fenthion is
so toxic to birds that it is fatal if inhaled or absorbed through the skin in
the tiniest amount. Aquatic organisms, particularly invertebrates such as
mussels and shrimp, are also at risk through runoff into streams, lakes and
estuaries.
Florida is the only state to use the pesticide and other
effective and less harmful alternatives are available. "There is no good
reason for the registration of fenthion to continue," said Gerald Winegrad,
vice president for policy at ABC. "Florida's unique habitat and
geographical situation make it home to a vast number of nesting and migrating
birds that are being threatened by the repeated spraying of hundreds of
thousands of acres, year round with this hazardous chemical."
"Less toxic alternatives are used by all other states,
and the desire to protect Florida residents from mosquitoes can be balanced with
better stewardship of the state's wildlife," added Winegrad.
The U.S. Fish and Wildlife Service launched a federal
investigation into the Florida bird deaths, which has since been passed on to
the Department of Justice.
American Bird Conservancy has begun a public action
campaign aimed at residents of Florida and other states concerned about the bird
deaths. More information is available at: http://www.banfenthion.org
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