Methyl Iodide Manufacturer to End Sales of Controversial Pesticide
Arysta, About to Lose Methyl Iodide Lawsuit, Wants Case Dismissed
Judge Puts Onus on State to Prove It Considered Methyl Iodide Alternatives
Methyl Iodide Opponents Say Approval "Classic Case" of Officials Bowing to Industry; DPR Says "Extensive Evaluation Done"
Documents Show Deep Rift Over Methyl Iodide Approval, Director's Concern Over Manufacturer's Reaction
Interview: EPA Administrator Lisa Jackson on Japan Radiation, Methyl Iodide, and Nuclear Power
Methyl Iodide Update: EPA Opens Up Public Comment Period
Methyl Iodide Mystery: Where Did the State Get Its Higher Safe-Level Number From?
State Hears Testimony on Controversial Methyl Iodide Approval
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California. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>FRESNO, Calif. (AP) - The maker of the controversial pesticide methyl iodide, used primarily to fumigate strawberries, has agreed to remove all of its products from the U.S. market and end sales permanently.\u003c/p>\n\u003cp>The U.S. EPA announced Wednesday that Arysta had requested voluntarily cancellation of all of the company's product registrations, which means that the suspected carcinogen will no longer be used in this country by the end of the year.\u003c/p>\n\u003cp>The company's decision ends more than five years of legal battles by environmental groups and farmworkers who had fought initial approval of the product during the Bush administration. It comes after an announcement in March that the Japanese company would voluntarily pull methyl iodine from the U.S. market.\u003c/p>\n\u003cp>\u003c!--more-->Arysta said at the time that the decision was based on the product's lack of economic viability.\u003c/p>\n\u003cp>Studies have shown that the fumigant, also known as idomethane, poses acute public health risks because tests on rats and rabbits showed that exposure causes thyroid cancer, miscarriages and damage to the nervous system. Scientists also found it can pollute air and water.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Since it was approved in 2007 by the Environmental Protection Agency, methyl iodide had seen little use across the nation. California's $2 billion strawberry industry, which produces more than 90 percent of the nation's crop, has shunned it, in part because it carried severe restrictions on use near schools and residential areas.\u003c/p>\n\u003cp>Methyl iodide had been widely seen as a replacement for another fumigant, methyl bromide, which is being phased out under international treaty because it depletes the Earth's ozone. Some growers are currently using up their supplies of methyl bromide, while others have switched to fumigants such as chloropicrin and metam sodium as alternatives.\u003c/p>\n\u003cp>Methyl iodide is injected into soil, kills bugs, weeds and plant diseases. It was also used by some growers of tomatoes, peppers and other crops.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Since many foreign countries look to the U.S. EPA's pesticide registry to decide their own regulations, environmentalists hope the decision means its use will be curtailed worldwide. The EPA will take comments on the decision for 30 days.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1353540575,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":11,"wordCount":382},"headData":{"title":"Methyl Iodide Manufacturer to End Sales of Controversial Pesticide | KQED","description":"FRESNO, Calif. (AP) - The maker of the controversial pesticide methyl iodide, used primarily to fumigate strawberries, has agreed to remove all of its products from the U.S. market and end sales permanently. The U.S. EPA announced Wednesday that Arysta had requested voluntarily cancellation of all of the company's product registrations, which means that the","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Methyl Iodide Manufacturer to End Sales of Controversial Pesticide","datePublished":"2012-11-21T20:59:58.000Z","dateModified":"2012-11-21T23:29:35.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"80932 http://ww2.kqed.org/news/?p=80932","disqusUrl":"https://ww2.kqed.org/news/2012/11/21/methyl-iodide-manufacturer-to-end-sales-of-controversial-pesticide/","disqusTitle":"Methyl Iodide Manufacturer to End Sales of Controversial Pesticide","path":"/news/80932/methyl-iodide-manufacturer-to-end-sales-of-controversial-pesticide","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_80962\" class=\"wp-caption alignleft\" style=\"max-width: 298px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/strawberries.jpg\">\u003cimg class=\"size-full wp-image-80962\" title=\"strawberries\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/strawberries.jpg\" alt=\"\" width=\"298\" height=\"198\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A customer chooses a basket of strawberries at a farmers market on June 13, 2012 in San Francisco, California. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>FRESNO, Calif. (AP) - The maker of the controversial pesticide methyl iodide, used primarily to fumigate strawberries, has agreed to remove all of its products from the U.S. market and end sales permanently.\u003c/p>\n\u003cp>The U.S. EPA announced Wednesday that Arysta had requested voluntarily cancellation of all of the company's product registrations, which means that the suspected carcinogen will no longer be used in this country by the end of the year.\u003c/p>\n\u003cp>The company's decision ends more than five years of legal battles by environmental groups and farmworkers who had fought initial approval of the product during the Bush administration. It comes after an announcement in March that the Japanese company would voluntarily pull methyl iodine from the U.S. market.\u003c/p>\n\u003cp>\u003c!--more-->Arysta said at the time that the decision was based on the product's lack of economic viability.\u003c/p>\n\u003cp>Studies have shown that the fumigant, also known as idomethane, poses acute public health risks because tests on rats and rabbits showed that exposure causes thyroid cancer, miscarriages and damage to the nervous system. Scientists also found it can pollute air and water.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Since it was approved in 2007 by the Environmental Protection Agency, methyl iodide had seen little use across the nation. California's $2 billion strawberry industry, which produces more than 90 percent of the nation's crop, has shunned it, in part because it carried severe restrictions on use near schools and residential areas.\u003c/p>\n\u003cp>Methyl iodide had been widely seen as a replacement for another fumigant, methyl bromide, which is being phased out under international treaty because it depletes the Earth's ozone. Some growers are currently using up their supplies of methyl bromide, while others have switched to fumigants such as chloropicrin and metam sodium as alternatives.\u003c/p>\n\u003cp>Methyl iodide is injected into soil, kills bugs, weeds and plant diseases. It was also used by some growers of tomatoes, peppers and other crops.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Since many foreign countries look to the U.S. EPA's pesticide registry to decide their own regulations, environmentalists hope the decision means its use will be curtailed worldwide. The EPA will take comments on the decision for 30 days.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/80932/methyl-iodide-manufacturer-to-end-sales-of-controversial-pesticide","authors":["237"],"programs":["news_6944"],"categories":["news_19906","news_8"],"tags":["news_890"],"label":"news_6944"},"news_60278":{"type":"posts","id":"news_60278","meta":{"index":"posts_1591205157","site":"news","id":"60278","score":null,"sort":[1332520360000]},"guestAuthors":[],"slug":"arysta-about-to-lose-methyl-iodide-lawsuit-wants-case-dismissed","title":"Arysta, About to Lose Methyl Iodide Lawsuit, Wants Case Dismissed","publishDate":1332520360,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>When Arysta LifeScience abruptly \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/21/BAJ21NO9GA.DTL\">pulled methyl iodide off the U.S. market\u003c/a> this week, it cited the “economic viability” of the controversial fumigant, which is used to sterilize soil before crops are planted.\u003c/p>\n\u003cfigure id=\"attachment_60330\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/strawberryfumigation.jpg\">\u003cimg class=\"size-full wp-image-60330\" title=\"strawberryfumigation\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/strawberryfumigation.jpg\" alt=\"\" width=\"300\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: KQED QUEST\u003c/figcaption>\u003c/figure>\n\u003cp>But at a hearing in an Oakland courtroom Wednesday, a possible additional factor in the company's decision emerged, as the judge revealed the company was on the verge of losing a major \u003ca href=\"http://ww2.kqed.org/news/2012/01/12/lack-of-court-transcript-issue-at-methyl-iodide-trial/\">lawsuit\u003c/a>.\u003c/p>\n\u003cp>California regulators approved methyl iodide in December 2010, in the final days of the Schwarzenegger administration. They did so over the \u003ca href=\"http://californiawatch.org/dailyreport/warning-about-strawberry-field-chemical-ignored-scientists-say-2495\" target=\"_blank\">objections of state scientists\u003c/a>, who said trace amounts of the chemical would put farm workers and agricultural communities \u003ca href=\"http://californiawatch.org/dailyreport/state-scientists-ignored-pesticides-approval-12357\" target=\"_blank\">at risk of cancer\u003c/a>, miscarriage or birth defects. Farmers rely on fumigants to support the state’s $2.3 billion strawberry industry but have struggled to find environmentally safe products.\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003caside class=\"pullquote alignleft\">My decision is the [plaintiffs'] petition must be granted...on the grounds that the alternatives and the no-project alternative were not studied and that violates both CEQA and the [California Dept of Pesticide Regulation's] own regulations.\n\u003cp>--Alameda County Superior Court Judge Frank Roesch,\u003c/p>\n\u003c/aside>\n\u003cp>Immediately after California approved methyl iodide, environmental and farm-worker groups sued the state, arguing that regulators broke the law in approving the chemical. The opening hearing \u003ca href=\"../2012/01/12/lack-of-court-transcript-issue-at-methyl-iodide-trial/\" target=\"_blank\">took place\u003c/a> last month, when the judge put the onus on the state to prove it had considered alternatives to methyl iodide, as required by \u003ca href=\"http://ceres.ca.gov/ceqa/more/faq.html\">California's Environmental Quality Act\u003c/a> (CEQA).\u003c/p>\n\u003cp>On Wednesday, before the court could issue its opinion, attorneys for Arysta requested another hearing to present recent developments that they said would affect the case.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But Alameda County Superior Court Judge Frank Roesch was skeptical, according to a \u003ca href=\"https://www.documentcloud.org/documents/327637-mei-hearing-transcript-of-march-21-2012.html\" target=\"_blank\">transcript\u003c/a> of the hearing. \"My initial reaction,\" he said, \"was that...I don't understand how any late-breaking fact of any variety would be relevant in the consideration of a case that would be determined on an administrative record.\"\u003c/p>\n\u003cp>The judge then made an announcement: “I have made a decision in the case, and I’m in the process of writing it up.\" To the surprise of many in the courtroom, Roesch then offered a candid explanation of his yet-to-be-released opinion: California regulators broke state law in approving methyl iodide by failing to take a close enough look at alternatives to the chemical or at the ramifications of not approving methyl iodide for use in California at all.\u003c/p>\n\u003cp>Furthermore, Roesch said, the approval by the Department of Pesticide Regulation was not based on sound science, and state regulators “cobbled together” different methodologies in order to reach a decision. There was “no evidence” to justify that process, the judge said.\u003c/p>\n\u003cp>Roesch also appeared to agree with plaintiffs that the state hadn’t adequately studied whether methyl iodide could harm developing fetuses in pregnant farm workers or in women who live near strawberry fields.\u003c/p>\n\u003cp>“I think the (California) Birth Defect Prevention Act was also violated,” said the judge, who added that his decision probably wouldn’t address that particular issue because the other grounds were sufficient.\u003c/p>\n\u003cp>Then, Roesch turned to Arysta’s attorneys. “Now that you are aware of what the court is going to decide when I get around to finishing writing it up, tell me what you think I should consider?”\u003c/p>\n\u003cp>Stanley Landfair, an attorney for Arysta LifeScience, explained to the judge that the company had recently removed methyl iodide from the market nationally and revoked its request for registration in California. “Arysta, even if it wanted to, could not sell this product in the state of California any longer,” Landfair said. “We believe that renders the case moot.\"\u003c/p>\n\u003cp>Roesch said he will issue his opinion on whether or he will dismiss the case May 1.\u003c/p>\n\u003cp>Pesticide activists say the timing of Arysta’s announcement is no coincidence.\u003c/p>\n\u003cp>“If the judge dismisses the case,” said Paul Towers of Pesticide Action Network North America, one of 17 plaintiffs in the case, “California will have let a pesticide corporation off the hook and failed to fix our broken regulatory system.”\u003c/p>\n\u003cp>In a \u003ca href=\"http://www.arystalifescience.com/release/MIDASPress3-20-12FINAL.pdf\" target=\"_blank\">statement [PDF]\u003c/a>, Arysta reiterated that the decision to withdraw methyl iodide was a financial one and declined to comment on the court case.\u003c/p>\n\u003cp>Despite methyl iodide’s approval in California, only a handful of farmers actually have used the fumigant. Some local agricultural authorities have declined to issue permits for the chemical, and farmers have complained it’s too costly to comply with safety precautions required by the state.\u003c/p>\n\u003cp>In its statement, Arysta said pulling methyl iodide off U.S. shelves will allow the company to focus on other markets, including Mexico, which is second after California in supplying strawberries to the U.S. Methyl iodide is legal in seven other countries, but used in just one of them, Japan.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Meanwhile, while methyl iodide is off the table in California, Arysta has not ruled out bringing it back elsewhere in the country. While it is “suspending its support” of methyl iodide nationwide, Arysta will continue to maintain its 2007 U.S. Environmental Protection Agency registration, which keeps the door open for future sales.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1332530733,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":883},"headData":{"title":"Arysta, About to Lose Methyl Iodide Lawsuit, Wants Case Dismissed | KQED","description":"When Arysta LifeScience abruptly pulled methyl iodide off the U.S. market this week, it cited the “economic viability” of the controversial fumigant, which is used to sterilize soil before crops are planted. But at a hearing in an Oakland courtroom Wednesday, a possible additional factor in the company's decision emerged, as the judge revealed the company","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Arysta, About to Lose Methyl Iodide Lawsuit, Wants Case Dismissed","datePublished":"2012-03-23T16:32:40.000Z","dateModified":"2012-03-23T19:25:33.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"60278 http://ww2.kqed.org/news/?p=60278","disqusUrl":"https://ww2.kqed.org/news/2012/03/23/arysta-about-to-lose-methyl-iodide-lawsuit-wants-case-dismissed/","disqusTitle":"Arysta, About to Lose Methyl Iodide Lawsuit, Wants Case Dismissed","path":"/news/60278/arysta-about-to-lose-methyl-iodide-lawsuit-wants-case-dismissed","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Arysta LifeScience abruptly \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/21/BAJ21NO9GA.DTL\">pulled methyl iodide off the U.S. market\u003c/a> this week, it cited the “economic viability” of the controversial fumigant, which is used to sterilize soil before crops are planted.\u003c/p>\n\u003cfigure id=\"attachment_60330\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/strawberryfumigation.jpg\">\u003cimg class=\"size-full wp-image-60330\" title=\"strawberryfumigation\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/strawberryfumigation.jpg\" alt=\"\" width=\"300\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: KQED QUEST\u003c/figcaption>\u003c/figure>\n\u003cp>But at a hearing in an Oakland courtroom Wednesday, a possible additional factor in the company's decision emerged, as the judge revealed the company was on the verge of losing a major \u003ca href=\"http://ww2.kqed.org/news/2012/01/12/lack-of-court-transcript-issue-at-methyl-iodide-trial/\">lawsuit\u003c/a>.\u003c/p>\n\u003cp>California regulators approved methyl iodide in December 2010, in the final days of the Schwarzenegger administration. They did so over the \u003ca href=\"http://californiawatch.org/dailyreport/warning-about-strawberry-field-chemical-ignored-scientists-say-2495\" target=\"_blank\">objections of state scientists\u003c/a>, who said trace amounts of the chemical would put farm workers and agricultural communities \u003ca href=\"http://californiawatch.org/dailyreport/state-scientists-ignored-pesticides-approval-12357\" target=\"_blank\">at risk of cancer\u003c/a>, miscarriage or birth defects. Farmers rely on fumigants to support the state’s $2.3 billion strawberry industry but have struggled to find environmentally safe products.\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003caside class=\"pullquote alignleft\">My decision is the [plaintiffs'] petition must be granted...on the grounds that the alternatives and the no-project alternative were not studied and that violates both CEQA and the [California Dept of Pesticide Regulation's] own regulations.\n\u003cp>--Alameda County Superior Court Judge Frank Roesch,\u003c/p>\n\u003c/aside>\n\u003cp>Immediately after California approved methyl iodide, environmental and farm-worker groups sued the state, arguing that regulators broke the law in approving the chemical. The opening hearing \u003ca href=\"../2012/01/12/lack-of-court-transcript-issue-at-methyl-iodide-trial/\" target=\"_blank\">took place\u003c/a> last month, when the judge put the onus on the state to prove it had considered alternatives to methyl iodide, as required by \u003ca href=\"http://ceres.ca.gov/ceqa/more/faq.html\">California's Environmental Quality Act\u003c/a> (CEQA).\u003c/p>\n\u003cp>On Wednesday, before the court could issue its opinion, attorneys for Arysta requested another hearing to present recent developments that they said would affect the case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Alameda County Superior Court Judge Frank Roesch was skeptical, according to a \u003ca href=\"https://www.documentcloud.org/documents/327637-mei-hearing-transcript-of-march-21-2012.html\" target=\"_blank\">transcript\u003c/a> of the hearing. \"My initial reaction,\" he said, \"was that...I don't understand how any late-breaking fact of any variety would be relevant in the consideration of a case that would be determined on an administrative record.\"\u003c/p>\n\u003cp>The judge then made an announcement: “I have made a decision in the case, and I’m in the process of writing it up.\" To the surprise of many in the courtroom, Roesch then offered a candid explanation of his yet-to-be-released opinion: California regulators broke state law in approving methyl iodide by failing to take a close enough look at alternatives to the chemical or at the ramifications of not approving methyl iodide for use in California at all.\u003c/p>\n\u003cp>Furthermore, Roesch said, the approval by the Department of Pesticide Regulation was not based on sound science, and state regulators “cobbled together” different methodologies in order to reach a decision. There was “no evidence” to justify that process, the judge said.\u003c/p>\n\u003cp>Roesch also appeared to agree with plaintiffs that the state hadn’t adequately studied whether methyl iodide could harm developing fetuses in pregnant farm workers or in women who live near strawberry fields.\u003c/p>\n\u003cp>“I think the (California) Birth Defect Prevention Act was also violated,” said the judge, who added that his decision probably wouldn’t address that particular issue because the other grounds were sufficient.\u003c/p>\n\u003cp>Then, Roesch turned to Arysta’s attorneys. “Now that you are aware of what the court is going to decide when I get around to finishing writing it up, tell me what you think I should consider?”\u003c/p>\n\u003cp>Stanley Landfair, an attorney for Arysta LifeScience, explained to the judge that the company had recently removed methyl iodide from the market nationally and revoked its request for registration in California. “Arysta, even if it wanted to, could not sell this product in the state of California any longer,” Landfair said. “We believe that renders the case moot.\"\u003c/p>\n\u003cp>Roesch said he will issue his opinion on whether or he will dismiss the case May 1.\u003c/p>\n\u003cp>Pesticide activists say the timing of Arysta’s announcement is no coincidence.\u003c/p>\n\u003cp>“If the judge dismisses the case,” said Paul Towers of Pesticide Action Network North America, one of 17 plaintiffs in the case, “California will have let a pesticide corporation off the hook and failed to fix our broken regulatory system.”\u003c/p>\n\u003cp>In a \u003ca href=\"http://www.arystalifescience.com/release/MIDASPress3-20-12FINAL.pdf\" target=\"_blank\">statement [PDF]\u003c/a>, Arysta reiterated that the decision to withdraw methyl iodide was a financial one and declined to comment on the court case.\u003c/p>\n\u003cp>Despite methyl iodide’s approval in California, only a handful of farmers actually have used the fumigant. Some local agricultural authorities have declined to issue permits for the chemical, and farmers have complained it’s too costly to comply with safety precautions required by the state.\u003c/p>\n\u003cp>In its statement, Arysta said pulling methyl iodide off U.S. shelves will allow the company to focus on other markets, including Mexico, which is second after California in supplying strawberries to the U.S. Methyl iodide is legal in seven other countries, but used in just one of them, Japan.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Meanwhile, while methyl iodide is off the table in California, Arysta has not ruled out bringing it back elsewhere in the country. While it is “suspending its support” of methyl iodide nationwide, Arysta will continue to maintain its 2007 U.S. Environmental Protection Agency registration, which keeps the door open for future sales.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/60278/arysta-about-to-lose-methyl-iodide-lawsuit-wants-case-dismissed","authors":["210"],"programs":["news_6944"],"categories":["news_1758","news_19906"],"tags":["news_890"],"label":"news_6944"},"news_52856":{"type":"posts","id":"news_52856","meta":{"index":"posts_1591205157","site":"news","id":"52856","score":null,"sort":[1326416727000]},"guestAuthors":[],"slug":"lack-of-court-transcript-issue-at-methyl-iodide-trial","title":"Judge Puts Onus on State to Prove It Considered Methyl Iodide Alternatives","publishDate":1326416727,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>The lawsuit over California's approval of a controversial pesticide may hinge on a seemingly straightforward question: Did regulators ever ask themselves what would happen if they didn't approve methyl iodide?\u003c/p>\n\u003cp>In an Oakland courtroom today, Alameda Superior Court Judge Frank Roesch presided over a one-day trial about the pesticide, a fumigant approved by state regulators in December, 2010.\u003c/p>\n\u003cp>Environmental and farm worker groups sued the state, along with Arysta LifeScience, which produces methyl iodide, in January, 2011, contending that the chemical puts farm workers at risk of cancer or miscarriage. They said the state used bad science in approving the chemical, and ignored the concerns of its own scientific advisers.\u003c/p>\n\u003cp>Earthjustice's Greg Loarie, representing the plaintiffs, came to the courtroom armed with diagrams and spreadsheets, geared up to give a technical brief on the finer points of pharmacokinetic and uncertainty factors, iodide absorption rates and other eye-glazing toxicological issues. His goal was to prove that the state had cherry-picked its data and methods in order to arrive at a conclusion amenable to methyl iodide manufacturer Arysta.\u003c/p>\n\u003cp>But Judge Roesch quickly seized on a different point. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Under \u003ca href=\"http://ceres.ca.gov/ceqa/more/faq.html\">California's Environmental Quality Act\u003c/a>, state agencies must consider alternatives to its proposed decisions, what's known as a “no-project alternative.” In this case, that could have included evaluating alternatives to methyl iodide, or the possibility of approving the chemical at more conservative exposure levels.\u003c/p>\n\u003cp>Under questioning from Roesch, Deputy Attorney General Cecilia Dennis, representing the DPR, couldn't produce a document showing the agency had complied with this stipulation. \"Absent that,\" said Judge Roesch, \"I don't see how you can prevail in this lawsuit.\"\u003c/p>\n\u003cp>Dennis argued that such a consideration was implicit in the overall document. She said the DPR leaves it up to local agricultural districts to weigh the pros and cons of using the chemical, a process that effectively serves as a no-project alternative.\u003c/p>\n\u003cp>Despite Roesch’s focus on the regulatory process, science did make its way into the courtroom.\u003c/p>\n\u003cp>Earthjustice’s Loarie pointed to emails – obtained earlier in a public records request by KQED/QUEST – revealing dissent from DPR staff scientists over whether Warmerdam’s science had been sound. The emails come from two staff scientists – Lori Lim and Ruby Reed – who have since left the agency.\u003c/p>\n\u003cp>A lawyer for Ayrsta argued that plaintiffs were overplaying the Lim and Reed emails in order to \"manufacture\" a story of dissent within the agency. He quoted another staff scientist who, memos showed, had found the approval levels to be reasonable.\u003c/p>\n\u003cp>\"This case is a battle of the experts,\" said Dennis. \"And, as the court knows, the agency is allowed to pick which experts it relies on.\"\u003c/p>\n\u003cp>In the end, though, the outcome may rest on process rather than science.\u003c/p>\n\u003cp>Judge Roesch gave the attorneys a week to draft a brief persuading him that DPR is not required to follow CEQA. Earthjustice lawyers will have a week to respond. Judge Roesch will then issue a final ruling on whether or not the state violated California law when it approved methyl iodide.\u003c/p>\n\u003cp>After the hearing, a PR representative for Arysta was unwilling to comment, citing the absence of a final ruling from the judge.\u003c/p>\n\u003cp>Paul Towers of Pesticide Action Network said the judge's comments had left him feeling optimistic. \"We're hopeful that he'll ultimately rule that methyl iodide was unfairly approved in California.\"\u003c/p>\n\u003cp>But in focusing on procedural issues, was the judge neglecting what plaintiffs consider to be the essential question, namely, is methyl iodide safe to use?\u003c/p>\n\u003cp>Towers replied, \"there is no debate, as the scientific community has said time and time again, that methyl iodide causes serious health effects. The real debate is whether the state followed its own process and whether political appointees at the top ignored scientists in their own agency.\"\u003c/p>\n\u003cp>\u003c!--more-->\u003cbr>\n\u003cem>Previous posts\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Update 1:30 p.m.\u003c/strong> The hearing is now over. Reading Amy Standen's tweets from the courtroom, it looks like the judge has put the burden of proof on the state to justify its decision to approve methyl iodide. \u003c/p>\n\u003cp>Consider these:\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157537532626735104\u003c/p>\n\u003cp>\u003c/p>\nhttps://twitter.com/#!/KQEDNewsLive/status/157537658715897856\n\u003cp>\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157564821322215424\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Original post\u003c/strong>\u003c/p>\n\u003cp>The legal battle over methyl iodide is underway at Alameda County Superior Court in Oakland. KQED's Amy Standen is \u003ca href=\"http://ww2.kqed.org/news/2012/01/12/lack-of-court-transcript-issue-at-methyl-iodide-trial/#tweet\">\u003cstrong>tweeting live from the courtroom\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>The case concerns the California Department of Pesticide Regulation's 2010 decision to approve methyl iodide for use as a fumigant. The chemical's manufacturer, Arysta LifeSciences, was hoping growers would use it as a substitute for methyl bromide, which has been deemed an ozone-depleting substance and is being phased out.\u003c/p>\n\u003cp>During the approval process, DPR asked its scientists to determine a safe level of methyl iodide exposure for farm workers. It also turned to a panel of external researchers to vet the process. The final safe limit the experts came up with was .8 parts per billion.\u003c/p>\n\u003cp>But when the state announced its regulations, that number had swollen to 96 parts per billion. Emails and other documents obtained through a public records request suggested that dismayed scientists were unclear about the origins of the 96 ppb figure, and that a \u003ca href=\"http://ww2.kqed.org/news/2011/08/26/documents-show-deep-rift-over-methyl-iodide-approval-directors-concern-over-manufacturers-reaction/\">deep rift over the approval\u003c/a> developed between the scientific evaluators and the agency's managers.\u003c/p>\n\u003cp>Environmental and farmworker groups have since \u003ca href=\"http://latimesblogs.latimes.com/greenspace/2011/01/state-approves-controversial-pesticide.html\">sued the state\u003c/a>. \u003c!--more-->\u003c/p>\n\u003cp>Lab studies in rats have shown exposure to methyl iodide can cause miscarriages and cancer. Case studies of humans show it can cause brain damage.\u003c/p>\n\u003cp>Methyl iodide was approved by the federal EPA in 2007, over the concerns of \u003ca href=\"http://www.epa.gov/pesticides/factsheets/iodomethane_letter.pdf\">54 scientists who urged the agency in a letter \u003c/a>(pdf) to prevent its registration.\u003c/p>\n\u003cp>California's approval of methyl iodide was also the subject of a \u003ca href=\"http://ww2.kqed.org/news/2011/02/22/listen-to-the-state-assembly-hearing-on-methyl-iodide/\">joint hearing by the state legislature\u003c/a> in February.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/tag/methyl-iodide/\">\u003cstrong>Click here for our previous methyl iodide coverage\u003c/strong>\u003c/a>, including this Amy Standen \u003ca href=\"http://ww2.kqed.org/news/2011/03/01/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from/\">interview with an executive from the company's manufacturer\u003c/a>, conducted in an attempt to figure out where the number for the higher exposure level came from.\u003c/p>\n\u003cp>\u003ca name=\"tweet\">\u003c/a>Click on the play button below to start the \u003ca href=\"https://twitter.com/#!/kqednewslive\">live Twitter feed\u003c/a> from Amy Standen...\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.coveritlive.com/index2.php/option=com_altcaster/task=viewaltcast/altcast_code=f2586f30da/height=550/width=470\" frameborder=\"0\" scrolling=\"no\" width=\"470px\" height=\"550px\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As a side note, the proceedings got underway only after an unexpected delay occurred. If you're looking for a concrete example of how budget cuts have affected the smooth functioning of the state, Amy Standen's earlier \u003ca href=\"https://twitter.com/#!/KQEDNewsLive\">tweets\u003c/a> illustrates...\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157509518589313024\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157511179948916737\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157520101028003840\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157522121038381056\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/statuses/157526746441318400\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1326417084,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":45,"wordCount":1107},"headData":{"title":"Judge Puts Onus on State to Prove It Considered Methyl Iodide Alternatives | KQED","description":"The lawsuit over California's approval of a controversial pesticide may hinge on a seemingly straightforward question: Did regulators ever ask themselves what would happen if they didn't approve methyl iodide? In an Oakland courtroom today, Alameda Superior Court Judge Frank Roesch presided over a one-day trial about the pesticide, a fumigant approved by state regulators","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judge Puts Onus on State to Prove It Considered Methyl Iodide Alternatives","datePublished":"2012-01-13T01:05:27.000Z","dateModified":"2012-01-13T01:11:24.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"52856 http://ww2.kqed.org/news/?p=52856","disqusUrl":"https://ww2.kqed.org/news/2012/01/12/lack-of-court-transcript-issue-at-methyl-iodide-trial/","disqusTitle":"Judge Puts Onus on State to Prove It Considered Methyl Iodide Alternatives","path":"/news/52856/lack-of-court-transcript-issue-at-methyl-iodide-trial","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The lawsuit over California's approval of a controversial pesticide may hinge on a seemingly straightforward question: Did regulators ever ask themselves what would happen if they didn't approve methyl iodide?\u003c/p>\n\u003cp>In an Oakland courtroom today, Alameda Superior Court Judge Frank Roesch presided over a one-day trial about the pesticide, a fumigant approved by state regulators in December, 2010.\u003c/p>\n\u003cp>Environmental and farm worker groups sued the state, along with Arysta LifeScience, which produces methyl iodide, in January, 2011, contending that the chemical puts farm workers at risk of cancer or miscarriage. They said the state used bad science in approving the chemical, and ignored the concerns of its own scientific advisers.\u003c/p>\n\u003cp>Earthjustice's Greg Loarie, representing the plaintiffs, came to the courtroom armed with diagrams and spreadsheets, geared up to give a technical brief on the finer points of pharmacokinetic and uncertainty factors, iodide absorption rates and other eye-glazing toxicological issues. His goal was to prove that the state had cherry-picked its data and methods in order to arrive at a conclusion amenable to methyl iodide manufacturer Arysta.\u003c/p>\n\u003cp>But Judge Roesch quickly seized on a different point. \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under \u003ca href=\"http://ceres.ca.gov/ceqa/more/faq.html\">California's Environmental Quality Act\u003c/a>, state agencies must consider alternatives to its proposed decisions, what's known as a “no-project alternative.” In this case, that could have included evaluating alternatives to methyl iodide, or the possibility of approving the chemical at more conservative exposure levels.\u003c/p>\n\u003cp>Under questioning from Roesch, Deputy Attorney General Cecilia Dennis, representing the DPR, couldn't produce a document showing the agency had complied with this stipulation. \"Absent that,\" said Judge Roesch, \"I don't see how you can prevail in this lawsuit.\"\u003c/p>\n\u003cp>Dennis argued that such a consideration was implicit in the overall document. She said the DPR leaves it up to local agricultural districts to weigh the pros and cons of using the chemical, a process that effectively serves as a no-project alternative.\u003c/p>\n\u003cp>Despite Roesch’s focus on the regulatory process, science did make its way into the courtroom.\u003c/p>\n\u003cp>Earthjustice’s Loarie pointed to emails – obtained earlier in a public records request by KQED/QUEST – revealing dissent from DPR staff scientists over whether Warmerdam’s science had been sound. The emails come from two staff scientists – Lori Lim and Ruby Reed – who have since left the agency.\u003c/p>\n\u003cp>A lawyer for Ayrsta argued that plaintiffs were overplaying the Lim and Reed emails in order to \"manufacture\" a story of dissent within the agency. He quoted another staff scientist who, memos showed, had found the approval levels to be reasonable.\u003c/p>\n\u003cp>\"This case is a battle of the experts,\" said Dennis. \"And, as the court knows, the agency is allowed to pick which experts it relies on.\"\u003c/p>\n\u003cp>In the end, though, the outcome may rest on process rather than science.\u003c/p>\n\u003cp>Judge Roesch gave the attorneys a week to draft a brief persuading him that DPR is not required to follow CEQA. Earthjustice lawyers will have a week to respond. Judge Roesch will then issue a final ruling on whether or not the state violated California law when it approved methyl iodide.\u003c/p>\n\u003cp>After the hearing, a PR representative for Arysta was unwilling to comment, citing the absence of a final ruling from the judge.\u003c/p>\n\u003cp>Paul Towers of Pesticide Action Network said the judge's comments had left him feeling optimistic. \"We're hopeful that he'll ultimately rule that methyl iodide was unfairly approved in California.\"\u003c/p>\n\u003cp>But in focusing on procedural issues, was the judge neglecting what plaintiffs consider to be the essential question, namely, is methyl iodide safe to use?\u003c/p>\n\u003cp>Towers replied, \"there is no debate, as the scientific community has said time and time again, that methyl iodide causes serious health effects. The real debate is whether the state followed its own process and whether political appointees at the top ignored scientists in their own agency.\"\u003c/p>\n\u003cp>\u003c!--more-->\u003cbr>\n\u003cem>Previous posts\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Update 1:30 p.m.\u003c/strong> The hearing is now over. Reading Amy Standen's tweets from the courtroom, it looks like the judge has put the burden of proof on the state to justify its decision to approve methyl iodide. \u003c/p>\n\u003cp>Consider these:\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157537532626735104\u003c/p>\n\u003cp>\u003c/p>\nhttps://twitter.com/#!/KQEDNewsLive/status/157537658715897856\n\u003cp>\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157564821322215424\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Original post\u003c/strong>\u003c/p>\n\u003cp>The legal battle over methyl iodide is underway at Alameda County Superior Court in Oakland. KQED's Amy Standen is \u003ca href=\"http://ww2.kqed.org/news/2012/01/12/lack-of-court-transcript-issue-at-methyl-iodide-trial/#tweet\">\u003cstrong>tweeting live from the courtroom\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>The case concerns the California Department of Pesticide Regulation's 2010 decision to approve methyl iodide for use as a fumigant. The chemical's manufacturer, Arysta LifeSciences, was hoping growers would use it as a substitute for methyl bromide, which has been deemed an ozone-depleting substance and is being phased out.\u003c/p>\n\u003cp>During the approval process, DPR asked its scientists to determine a safe level of methyl iodide exposure for farm workers. It also turned to a panel of external researchers to vet the process. The final safe limit the experts came up with was .8 parts per billion.\u003c/p>\n\u003cp>But when the state announced its regulations, that number had swollen to 96 parts per billion. Emails and other documents obtained through a public records request suggested that dismayed scientists were unclear about the origins of the 96 ppb figure, and that a \u003ca href=\"http://ww2.kqed.org/news/2011/08/26/documents-show-deep-rift-over-methyl-iodide-approval-directors-concern-over-manufacturers-reaction/\">deep rift over the approval\u003c/a> developed between the scientific evaluators and the agency's managers.\u003c/p>\n\u003cp>Environmental and farmworker groups have since \u003ca href=\"http://latimesblogs.latimes.com/greenspace/2011/01/state-approves-controversial-pesticide.html\">sued the state\u003c/a>. \u003c!--more-->\u003c/p>\n\u003cp>Lab studies in rats have shown exposure to methyl iodide can cause miscarriages and cancer. Case studies of humans show it can cause brain damage.\u003c/p>\n\u003cp>Methyl iodide was approved by the federal EPA in 2007, over the concerns of \u003ca href=\"http://www.epa.gov/pesticides/factsheets/iodomethane_letter.pdf\">54 scientists who urged the agency in a letter \u003c/a>(pdf) to prevent its registration.\u003c/p>\n\u003cp>California's approval of methyl iodide was also the subject of a \u003ca href=\"http://ww2.kqed.org/news/2011/02/22/listen-to-the-state-assembly-hearing-on-methyl-iodide/\">joint hearing by the state legislature\u003c/a> in February.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/tag/methyl-iodide/\">\u003cstrong>Click here for our previous methyl iodide coverage\u003c/strong>\u003c/a>, including this Amy Standen \u003ca href=\"http://ww2.kqed.org/news/2011/03/01/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from/\">interview with an executive from the company's manufacturer\u003c/a>, conducted in an attempt to figure out where the number for the higher exposure level came from.\u003c/p>\n\u003cp>\u003ca name=\"tweet\">\u003c/a>Click on the play button below to start the \u003ca href=\"https://twitter.com/#!/kqednewslive\">live Twitter feed\u003c/a> from Amy Standen...\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.coveritlive.com/index2.php/option=com_altcaster/task=viewaltcast/altcast_code=f2586f30da/height=550/width=470\" frameborder=\"0\" scrolling=\"no\" width=\"470px\" height=\"550px\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As a side note, the proceedings got underway only after an unexpected delay occurred. If you're looking for a concrete example of how budget cuts have affected the smooth functioning of the state, Amy Standen's earlier \u003ca href=\"https://twitter.com/#!/KQEDNewsLive\">tweets\u003c/a> illustrates...\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157509518589313024\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157511179948916737\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157520101028003840\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/status/157522121038381056\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>https://twitter.com/#!/KQEDNewsLive/statuses/157526746441318400\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/52856/lack-of-court-transcript-issue-at-methyl-iodide-trial","authors":["210"],"programs":["news_6944"],"categories":["news_19906","news_6188"],"tags":["news_18543","news_890"],"label":"news_6944"},"news_42997":{"type":"posts","id":"news_42997","meta":{"index":"posts_1591205157","site":"news","id":"42997","score":null,"sort":[1318605884000]},"guestAuthors":[],"slug":"methyl-iodide-lawyer-classic-case-of-state-officials-bowing-to-industry-pressure","title":"Methyl Iodide Opponents Say Approval \"Classic Case\" of Officials Bowing to Industry; DPR Says \"Extensive Evaluation Done\"","publishDate":1318605884,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/10/strawberry.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/10/strawberry.jpg\" alt=\"\" title=\"strawberry\" width=\"248\" height=\"140\" class=\"alignright size-full wp-image-43007\">\u003c/a>This week attorneys for environmental and farm worker groups filed their opening brief in the lawsuit over California's controversial approval of the pesticide methyl iodide, which is primarily used on strawberries. When the \u003ca href=\"http://californiawatch.org/dailyreport/state-approves-pesticide-despite-cancer-warning-7152\">state approved methyl iodide\u003c/a>, it set exposure levels for farm workers 120 times higher than the state's staff scientists believed to be safe. Since the approval, \u003ca href=\"http://ww2.kqed.org/news/2011/08/26/documents-show-deep-rift-over-methyl-iodide-approval-directors-concern-over-manufacturers-reaction/\">internal documents have come to light\u003c/a> showing a deep rift between DPR staff scientists who believed that methyl iodide was too hazardous for farmworkers, and the DPR managers who approved it.\u003c/p>\n\u003cp>Methyl iodide opponents say the chemical will put agricultural workers and communities who live near farms at risk of cancer, miscarriage and brain damage, and want the state to revoke its approval. The defendants – California's Department of Pesticide Reform (DPR) and Arysta Lifescience – have until late November to craft their response, before oral arguments begin in January.\u003c/p>\n\u003cp>To find where things stand, I called Greg Loarie, an attorney at the environmental law firm Earthjustice, representing two farm workers and Pesticide Action Network North America, the plaintiffs in the case.\u003c/p>\n\u003cp>\u003cstrong>This brief is so technical it comes with its own glossary. Is the judge going to understand it?\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>I think there's some jargon involved, certainly. But some of the claims are incredibly straightforward, including the claim that the DPR failed to look at any alternative to registering methyl iodide, which is a clear violation of the California Environmental Quality Act.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>When we get into the science and the regulatory target levels, it does get more complicated. But I'm confident that the staff at DPR was clear enough about what it was doing that the court is going to be able to follow it. \u003c/p>\n\u003cp>\u003cstrong>The central complaint seems to be what we've been hearing from state scientists all along: That their concerns about farm worker safety were ignored. \u003c/strong>\u003c/p>\n\u003cp>The people of California have an expectation that the scientists who were hired to do the work and to understand the risks involved in using methyl iodide, that their voices will be heard. \u003c/p>\n\u003cp>This is a classic case where staff scientists did a lot of work and came to a conclusion, and then management bowed to pressure from industry and changed course without any rationale. And that's just not legal. \u003c/p>\n\u003cp>\u003cstrong>One of the complaints is that the DPR \"didn't provide any rationale\" for its decision. Is that illegal? It's up to DPR managers to determine these regulatory levels. Are they obligated to explain to the rest of us how they did it?\u003cbr>\n\u003c/strong> \u003c!--more-->\u003c/p>\n\u003cp>One thing the California Environmental Quality Act considers is that the public does have a right to at least understand the basis of the decision. It's not sufficient for them to basically pull a number out of the air. They have to show their work. \u003c/p>\n\u003cp>\u003cstrong>\u003cbr>\nInitially, the DPR denied the plaintiff's request for a number of internal documents, on the grounds that they were \"deliberative,\" and therefore private. Ultimately, a judge demanded that \u003ca href=\"http://ww2.kqed.org/news/2011/08/26/documents-show-deep-rift-over-methyl-iodide-approval-directors-concern-over-manufacturers-reaction/\">those documents be released\u003c/a>. Which were most useful to you? \u003c/strong>\u003c/p>\n\u003cp>There are several docs that are illuminating. One of them is the \u003ca href=\"http://www.healthycal.org/archives/6201\">2/16/10 memo\u003c/a> in which Arysta [[the company that produces methyl iodide]] details discussions in which the DPR and Arysta essentially agreed upon new regulatory target levels for MI. \u003c/p>\n\u003cp>What's interesting is that that memo was not in the stack of documents that came to us after the court order. It was referenced in one of the documents we received, so I called the opposing council and said \"I don't see this memo, where is it?\" Lo and behold, they found it in their files. \u003c/p>\n\u003cp>\u003cstrong>\u003cbr>\nThis opening brief also mentions neurotoxicity – the question of whether methyl iodide can cause brain damage, particularly in developing fetuses or in children. Can you explain what the legal complaint there is?\u003c/strong>\u003c/p>\n\u003cp>We're very fortunate in California to have law called the Birth Defect Prevention Act. It requires that the agency studying the pesticide have some sort of information regarding its neuro-toxicity before it makes a decision. And in this case it's very clear that the only study that DPR had regarding neuro-toxicity was inadequate. They didn't have the information before them when they made this decision. \u003c/p>\n\u003cp>\u003cstrong>Meanwhile, is anyone actually using methyl iodide?\u003c/strong>\u003c/p>\n\u003cp>There's just been another application [by a grower receiving permission to use methyl iodide on his fields] in Santa Barbara. As far as we know, there have been four applications, all in the Central Valley, and for crops like peppers. This one would be the first application for strawberries that we're aware of.\u003c/p>\n\u003cp>\u003cstrong>Is this the time of year you'd expect to see applications ramping up?\u003c/strong>\u003c/p>\n\u003cp>It's actually getting to the end of the year. Our understanding is that August-October are the big months [for strawberry growers using fumigants, like methyl iodide]. We actually haven't seen many applications this year. What we've heard is that people are sticking to what they know.\u003c/p>\n\u003cp>\u003cem>In response to a request for comment, DPR spokeswoman Lea Brooks emailed this statement:\u003c/em>\u003c/p>\n\u003cp>DPR registered methyl iodide after the most extensive evaluation in the department’s history concluded it can be used safely under stringent conditions without exposing workers, the public and environment to harmful levels. Registration was contingent on safeguards, including strict buffer zones around occupied schools, hospitals and similar sites, stronger worker and ground water protections, and a limitation on application rates and field size.\u003c/p>\n\u003cp>DPR will respond to the litigants' allegations in its reply brief to the court. We are not going to litigate this issue in the media.\u003cbr>\n\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/tag/methyl-iodide/\">\u003cstrong>Click here for more coverage of the methyl iodide controversy\u003c/strong>\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1318610470,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":959},"headData":{"title":"Methyl Iodide Opponents Say Approval \"Classic Case\" of Officials Bowing to Industry; DPR Says \"Extensive Evaluation Done\" | KQED","description":"This week attorneys for environmental and farm worker groups filed their opening brief in the lawsuit over California's controversial approval of the pesticide methyl iodide, which is primarily used on strawberries. When the state approved methyl iodide, it set exposure levels for farm workers 120 times higher than the state's staff scientists believed to be","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Methyl Iodide Opponents Say Approval \"Classic Case\" of Officials Bowing to Industry; DPR Says \"Extensive Evaluation Done\"","datePublished":"2011-10-14T15:24:44.000Z","dateModified":"2011-10-14T16:41:10.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"42997 http://ww2.kqed.org/news/?p=42997","disqusUrl":"https://ww2.kqed.org/news/2011/10/14/methyl-iodide-lawyer-classic-case-of-state-officials-bowing-to-industry-pressure/","disqusTitle":"Methyl Iodide Opponents Say Approval \"Classic Case\" of Officials Bowing to Industry; DPR Says \"Extensive Evaluation Done\"","path":"/news/42997/methyl-iodide-lawyer-classic-case-of-state-officials-bowing-to-industry-pressure","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/10/strawberry.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/10/strawberry.jpg\" alt=\"\" title=\"strawberry\" width=\"248\" height=\"140\" class=\"alignright size-full wp-image-43007\">\u003c/a>This week attorneys for environmental and farm worker groups filed their opening brief in the lawsuit over California's controversial approval of the pesticide methyl iodide, which is primarily used on strawberries. When the \u003ca href=\"http://californiawatch.org/dailyreport/state-approves-pesticide-despite-cancer-warning-7152\">state approved methyl iodide\u003c/a>, it set exposure levels for farm workers 120 times higher than the state's staff scientists believed to be safe. Since the approval, \u003ca href=\"http://ww2.kqed.org/news/2011/08/26/documents-show-deep-rift-over-methyl-iodide-approval-directors-concern-over-manufacturers-reaction/\">internal documents have come to light\u003c/a> showing a deep rift between DPR staff scientists who believed that methyl iodide was too hazardous for farmworkers, and the DPR managers who approved it.\u003c/p>\n\u003cp>Methyl iodide opponents say the chemical will put agricultural workers and communities who live near farms at risk of cancer, miscarriage and brain damage, and want the state to revoke its approval. The defendants – California's Department of Pesticide Reform (DPR) and Arysta Lifescience – have until late November to craft their response, before oral arguments begin in January.\u003c/p>\n\u003cp>To find where things stand, I called Greg Loarie, an attorney at the environmental law firm Earthjustice, representing two farm workers and Pesticide Action Network North America, the plaintiffs in the case.\u003c/p>\n\u003cp>\u003cstrong>This brief is so technical it comes with its own glossary. Is the judge going to understand it?\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>I think there's some jargon involved, certainly. But some of the claims are incredibly straightforward, including the claim that the DPR failed to look at any alternative to registering methyl iodide, which is a clear violation of the California Environmental Quality Act.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>When we get into the science and the regulatory target levels, it does get more complicated. But I'm confident that the staff at DPR was clear enough about what it was doing that the court is going to be able to follow it. \u003c/p>\n\u003cp>\u003cstrong>The central complaint seems to be what we've been hearing from state scientists all along: That their concerns about farm worker safety were ignored. \u003c/strong>\u003c/p>\n\u003cp>The people of California have an expectation that the scientists who were hired to do the work and to understand the risks involved in using methyl iodide, that their voices will be heard. \u003c/p>\n\u003cp>This is a classic case where staff scientists did a lot of work and came to a conclusion, and then management bowed to pressure from industry and changed course without any rationale. And that's just not legal. \u003c/p>\n\u003cp>\u003cstrong>One of the complaints is that the DPR \"didn't provide any rationale\" for its decision. Is that illegal? It's up to DPR managers to determine these regulatory levels. Are they obligated to explain to the rest of us how they did it?\u003cbr>\n\u003c/strong> \u003c!--more-->\u003c/p>\n\u003cp>One thing the California Environmental Quality Act considers is that the public does have a right to at least understand the basis of the decision. It's not sufficient for them to basically pull a number out of the air. They have to show their work. \u003c/p>\n\u003cp>\u003cstrong>\u003cbr>\nInitially, the DPR denied the plaintiff's request for a number of internal documents, on the grounds that they were \"deliberative,\" and therefore private. Ultimately, a judge demanded that \u003ca href=\"http://ww2.kqed.org/news/2011/08/26/documents-show-deep-rift-over-methyl-iodide-approval-directors-concern-over-manufacturers-reaction/\">those documents be released\u003c/a>. Which were most useful to you? \u003c/strong>\u003c/p>\n\u003cp>There are several docs that are illuminating. One of them is the \u003ca href=\"http://www.healthycal.org/archives/6201\">2/16/10 memo\u003c/a> in which Arysta [[the company that produces methyl iodide]] details discussions in which the DPR and Arysta essentially agreed upon new regulatory target levels for MI. \u003c/p>\n\u003cp>What's interesting is that that memo was not in the stack of documents that came to us after the court order. It was referenced in one of the documents we received, so I called the opposing council and said \"I don't see this memo, where is it?\" Lo and behold, they found it in their files. \u003c/p>\n\u003cp>\u003cstrong>\u003cbr>\nThis opening brief also mentions neurotoxicity – the question of whether methyl iodide can cause brain damage, particularly in developing fetuses or in children. Can you explain what the legal complaint there is?\u003c/strong>\u003c/p>\n\u003cp>We're very fortunate in California to have law called the Birth Defect Prevention Act. It requires that the agency studying the pesticide have some sort of information regarding its neuro-toxicity before it makes a decision. And in this case it's very clear that the only study that DPR had regarding neuro-toxicity was inadequate. They didn't have the information before them when they made this decision. \u003c/p>\n\u003cp>\u003cstrong>Meanwhile, is anyone actually using methyl iodide?\u003c/strong>\u003c/p>\n\u003cp>There's just been another application [by a grower receiving permission to use methyl iodide on his fields] in Santa Barbara. As far as we know, there have been four applications, all in the Central Valley, and for crops like peppers. This one would be the first application for strawberries that we're aware of.\u003c/p>\n\u003cp>\u003cstrong>Is this the time of year you'd expect to see applications ramping up?\u003c/strong>\u003c/p>\n\u003cp>It's actually getting to the end of the year. Our understanding is that August-October are the big months [for strawberry growers using fumigants, like methyl iodide]. We actually haven't seen many applications this year. What we've heard is that people are sticking to what they know.\u003c/p>\n\u003cp>\u003cem>In response to a request for comment, DPR spokeswoman Lea Brooks emailed this statement:\u003c/em>\u003c/p>\n\u003cp>DPR registered methyl iodide after the most extensive evaluation in the department’s history concluded it can be used safely under stringent conditions without exposing workers, the public and environment to harmful levels. Registration was contingent on safeguards, including strict buffer zones around occupied schools, hospitals and similar sites, stronger worker and ground water protections, and a limitation on application rates and field size.\u003c/p>\n\u003cp>DPR will respond to the litigants' allegations in its reply brief to the court. We are not going to litigate this issue in the media.\u003cbr>\n\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/tag/methyl-iodide/\">\u003cstrong>Click here for more coverage of the methyl iodide controversy\u003c/strong>\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/42997/methyl-iodide-lawyer-classic-case-of-state-officials-bowing-to-industry-pressure","authors":["210"],"programs":["news_6944"],"categories":["news_356"],"tags":["news_1814","news_18543","news_890"],"label":"news_6944"},"news_38309":{"type":"posts","id":"news_38309","meta":{"index":"posts_1591205157","site":"news","id":"38309","score":null,"sort":[1314386307000]},"guestAuthors":[],"slug":"documents-show-deep-rift-over-methyl-iodide-approval-directors-concern-over-manufacturers-reaction","title":"Documents Show Deep Rift Over Methyl Iodide Approval, Director's Concern Over Manufacturer's Reaction","publishDate":1314386307,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Late last year, just before Governor Schwarzenegger left office, his administration approved a \u003ca href=\"http://ww2.kqed.org/news/tag/methyl-iodide/\">controversial\u003c/a> strawberry pesticide called methyl iodide. Environmental groups quickly \u003ca href=\"http://earthjustice.org/our_work/cases/2011/california-s-approval-of-methyl-iodide-challenged\">sued\u003c/a> to have the decision overturned.\u003c/p>\n\u003cfigure id=\"attachment_38327\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/strawberryfumigation.jpg\">\u003cimg class=\"size-full wp-image-38327\" title=\"strawberryfumigation\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/strawberryfumigation.jpg\" alt=\"\" width=\"300\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: KQED QUEST\u003c/figcaption>\u003c/figure>\n\u003cp>A key question posed by the plaintiffs was this: \u003ca href=\"http://ww2.kqed.org/news/2011/03/01/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from/\">Why\u003c/a> was the state's Department of Pesticide Regulation (DPR) allowing farmworkers to be exposed to methyl iodide at levels more than \u003ca href=\"http://www.huffingtonpost.com/2010/06/07/methyl-iodide-controversy_n_602904.html\">100 times higher\u003c/a> than what the agency's own staff scientists believed was safe?\u003c/p>\n\u003cp>When pressed for documents that might reveal the agency's rationale, the then-head of the DPR, Mary-Anne Warmerdam, declined to release them, saying they were legally protected by what's called the \"deliberative process\" exemption under the \u003ca href=\"http://documents.latimes.com/ca-public-records-act-summary/\">California Public Records Act\u003c/a>; this allows some of the back-and-forth between agency decision makers and their advisors that preceded a particular decision to be kept private under certain circumstances. A public records act request filed by KQED elicited the same response.\u003c/p>\n\u003cp>Earlier this month, a judge \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/methyliodideorderonincamera2.pdf\">disagreed\u003c/a> (.pdf) and ordered the DPR to release the documents, which plaintiffs shared with reporters on Thursday. \u003c!--more-->\u003c/p>\n\u003cp>The documents show a deep rift within the DPR, between staff scientists who believed that methyl iodide was too hazardous for farmworkers, and the DPR managers, led by Warmerdam, who approved it.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The MeI RCD has been vetted in a transparent manner, has undergone a rigorous external peer review, and we stand by our methodology. If the risk management approach is to be predicated on another approach [that] should be selected in a transparent and credible manner. We may not agree with that decision, but that is management's prerogative. However, the presentation of that risk management decision should not imply that the DPR risk assessment is the basis for that decision...\n\u003cp>-Memo from Jay Schreider, Primary State Toxicologist\u003c/p>\n\u003c/aside>\n\u003cp>Referring to the DPR's explanation for why it had approved methyl iodide, Jay Schreider, the Primary State Toxicologist wrote, \"I am puzzled by the numbers cited.\" Warmerdam's methods for reaching the agency's allowable exposure levels were \"not scientifically credible,\" wrote Schreider.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Other documents show Warmerdam rejecting scientists' recommendations on the grounds that they are \"excessive and difficult to enforce.\" The pesticide manufacturer, Arysta Lifescience, might find those recommendations \"unacceptable,\" or \"not economically viable,\" Warmerdam wrote.\u003c/p>\n\u003cp>\"[Warmerdam's] method was to consult with the pesticide manufacture and determine what was acceptable to them, and then decide on what an acceptable level of exposure was,\" said Susan Kegley, a consulting scientist for Pesticide Action Network, one of the groups suing the state.\u003c/p>\n\u003cp>DPR spokeswoman Lea Brooks declined to comment on the documents, citing the pending litigation. \"It is inappropriate to try this case in the media,\" Brooks said. Warmerdam resigned from the Department of Pesticide Regulation in January. Governor Jerry Brown has yet to appoint her successor.\u003c/p>\n\u003cp>The fact that the documents were released at all is a rebuke to the DPR. In his order, Judge Frank Roesch of the Alameda Superior Court found that the \"great majority\" of the documents should never have been withheld in the first place, either from plaintiffs or reporters. As for the rest, wrote Roesch, \"the interest in public disclosure clearly outweighs agency interest in non-disclosure.\"\u003c/p>\n\u003cp>\u003cem>You can listen to the \u003ca href=\"http://www.californiareport.org/archive/R201108260850/b\">audio version\u003c/a> of this report here. \u003c/em>\u003c/p>\n\u003cp>Related documents (pdf):\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/methlyiodideDecisionoptions.pdf\">Registration Decision Options\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/methyliodideemailmemo.pdf\">Memo from Primary State Toxicologist\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n\u003cp>See also:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2011/03/01/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from/\">Methyl Iodide Mystery: Where Did the State Get Its Higher Safe-Level Number From?\u003c/a> (News Fix)\u003c/li>\n\u003c/ul>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1314395094,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":575},"headData":{"title":"Documents Show Deep Rift Over Methyl Iodide Approval, Director's Concern Over Manufacturer's Reaction | KQED","description":"Late last year, just before Governor Schwarzenegger left office, his administration approved a controversial strawberry pesticide called methyl iodide. Environmental groups quickly sued to have the decision overturned. A key question posed by the plaintiffs was this: Why was the state's Department of Pesticide Regulation (DPR) allowing farmworkers to be exposed to methyl iodide at","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Documents Show Deep Rift Over Methyl Iodide Approval, Director's Concern Over Manufacturer's Reaction","datePublished":"2011-08-26T19:18:27.000Z","dateModified":"2011-08-26T21:44:54.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"38309 http://ww2.kqed.org/news/?p=38309","disqusUrl":"https://ww2.kqed.org/news/2011/08/26/documents-show-deep-rift-over-methyl-iodide-approval-directors-concern-over-manufacturers-reaction/","disqusTitle":"Documents Show Deep Rift Over Methyl Iodide Approval, Director's Concern Over Manufacturer's Reaction","path":"/news/38309/documents-show-deep-rift-over-methyl-iodide-approval-directors-concern-over-manufacturers-reaction","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Late last year, just before Governor Schwarzenegger left office, his administration approved a \u003ca href=\"http://ww2.kqed.org/news/tag/methyl-iodide/\">controversial\u003c/a> strawberry pesticide called methyl iodide. Environmental groups quickly \u003ca href=\"http://earthjustice.org/our_work/cases/2011/california-s-approval-of-methyl-iodide-challenged\">sued\u003c/a> to have the decision overturned.\u003c/p>\n\u003cfigure id=\"attachment_38327\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/strawberryfumigation.jpg\">\u003cimg class=\"size-full wp-image-38327\" title=\"strawberryfumigation\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/strawberryfumigation.jpg\" alt=\"\" width=\"300\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: KQED QUEST\u003c/figcaption>\u003c/figure>\n\u003cp>A key question posed by the plaintiffs was this: \u003ca href=\"http://ww2.kqed.org/news/2011/03/01/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from/\">Why\u003c/a> was the state's Department of Pesticide Regulation (DPR) allowing farmworkers to be exposed to methyl iodide at levels more than \u003ca href=\"http://www.huffingtonpost.com/2010/06/07/methyl-iodide-controversy_n_602904.html\">100 times higher\u003c/a> than what the agency's own staff scientists believed was safe?\u003c/p>\n\u003cp>When pressed for documents that might reveal the agency's rationale, the then-head of the DPR, Mary-Anne Warmerdam, declined to release them, saying they were legally protected by what's called the \"deliberative process\" exemption under the \u003ca href=\"http://documents.latimes.com/ca-public-records-act-summary/\">California Public Records Act\u003c/a>; this allows some of the back-and-forth between agency decision makers and their advisors that preceded a particular decision to be kept private under certain circumstances. A public records act request filed by KQED elicited the same response.\u003c/p>\n\u003cp>Earlier this month, a judge \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/methyliodideorderonincamera2.pdf\">disagreed\u003c/a> (.pdf) and ordered the DPR to release the documents, which plaintiffs shared with reporters on Thursday. \u003c!--more-->\u003c/p>\n\u003cp>The documents show a deep rift within the DPR, between staff scientists who believed that methyl iodide was too hazardous for farmworkers, and the DPR managers, led by Warmerdam, who approved it.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The MeI RCD has been vetted in a transparent manner, has undergone a rigorous external peer review, and we stand by our methodology. If the risk management approach is to be predicated on another approach [that] should be selected in a transparent and credible manner. We may not agree with that decision, but that is management's prerogative. However, the presentation of that risk management decision should not imply that the DPR risk assessment is the basis for that decision...\n\u003cp>-Memo from Jay Schreider, Primary State Toxicologist\u003c/p>\n\u003c/aside>\n\u003cp>Referring to the DPR's explanation for why it had approved methyl iodide, Jay Schreider, the Primary State Toxicologist wrote, \"I am puzzled by the numbers cited.\" Warmerdam's methods for reaching the agency's allowable exposure levels were \"not scientifically credible,\" wrote Schreider.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Other documents show Warmerdam rejecting scientists' recommendations on the grounds that they are \"excessive and difficult to enforce.\" The pesticide manufacturer, Arysta Lifescience, might find those recommendations \"unacceptable,\" or \"not economically viable,\" Warmerdam wrote.\u003c/p>\n\u003cp>\"[Warmerdam's] method was to consult with the pesticide manufacture and determine what was acceptable to them, and then decide on what an acceptable level of exposure was,\" said Susan Kegley, a consulting scientist for Pesticide Action Network, one of the groups suing the state.\u003c/p>\n\u003cp>DPR spokeswoman Lea Brooks declined to comment on the documents, citing the pending litigation. \"It is inappropriate to try this case in the media,\" Brooks said. Warmerdam resigned from the Department of Pesticide Regulation in January. Governor Jerry Brown has yet to appoint her successor.\u003c/p>\n\u003cp>The fact that the documents were released at all is a rebuke to the DPR. In his order, Judge Frank Roesch of the Alameda Superior Court found that the \"great majority\" of the documents should never have been withheld in the first place, either from plaintiffs or reporters. As for the rest, wrote Roesch, \"the interest in public disclosure clearly outweighs agency interest in non-disclosure.\"\u003c/p>\n\u003cp>\u003cem>You can listen to the \u003ca href=\"http://www.californiareport.org/archive/R201108260850/b\">audio version\u003c/a> of this report here. \u003c/em>\u003c/p>\n\u003cp>Related documents (pdf):\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/methlyiodideDecisionoptions.pdf\">Registration Decision Options\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/methyliodideemailmemo.pdf\">Memo from Primary State Toxicologist\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n\u003cp>See also:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2011/03/01/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from/\">Methyl Iodide Mystery: Where Did the State Get Its Higher Safe-Level Number From?\u003c/a> (News Fix)\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/38309/documents-show-deep-rift-over-methyl-iodide-approval-directors-concern-over-manufacturers-reaction","authors":["210"],"programs":["news_6944"],"categories":["news_356"],"tags":["news_1814","news_890"],"label":"news_6944"},"news_21225":{"type":"posts","id":"news_21225","meta":{"index":"posts_1591205157","site":"news","id":"21225","score":null,"sort":[1300987695000]},"guestAuthors":[],"slug":"interview-epa-administrator-lisa-jackson-on-japan-radiation-methyl-iodide-and-nuclear-power","title":"Interview: EPA Administrator Lisa Jackson on Japan Radiation, Methyl Iodide, and Nuclear Power","publishDate":1300987695,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_21233\" class=\"wp-caption alignleft\" style=\"max-width: 100px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/LisaJackson.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/LisaJackson.jpg\" alt=\"\" title=\"LisaJackson\" width=\"100\" height=\"150\" class=\"size-full wp-image-21233\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Lisa Jackson. Photo: EPA\u003c/figcaption>\u003c/figure>\n\u003cp>EPA Administrator Lisa Jackson \u003ca href=\"http://www.fresnobee.com/2011/03/23/2321646/federal-epa-administrator-tours.html\">toured\u003c/a> a couple of Fresno County farms yesterday, and Sasha Khokha, KQED's Central Valley Bureau Chief, caught up with her in a grape vineyard, asking her questions on Californians' fear of Japanese radiation, the EPA's review of methyl iodide, and the viability of expanded nuclear power plants. \u003c/p>\n\u003cp>On the radiation issue, Jackson said the government's models of even worst-case scenarios didn't foresee a chance of radiation levels surpassing \"health-based limits.\" Jackson advised those who are concerned to look at the \u003ca href=\"http://www.epa.gov/japan2011/\">EPA site\u003c/a> on the emergency.\u003c/p>\n\u003cp>On methyl iodide, she framed the EPA's publishing of the petition to reevaluate the \u003ca href=\"http://ww2.kqed.org/news/tag/methyl-iodide/\">controversia\u003c/a>l fumigant methyl iodide as a legal requirement, saying, \"we haven't made any decision. I'm not sure the staff are going to recommend that we need to do a full-blown re-evaluation of the science. We'll certainly review the petition though.\"\u003cem> (Update:\u003c/em> Our reporter Amy Standen, however, has confirmed with an EPA spokesman that the opening up of a public comment period on methyl iodide was a decision made by the EPA, and not simply a legal requirement.)\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/LisaJacksonEPAJapan.mp3\">\u003cem>Interview with EPA Administrator Lisa Jackson\u003c/em>\u003c/a>[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/LisaJacksonEPAJapan.mp3]\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1300992522,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":6,"wordCount":219},"headData":{"title":"Interview: EPA Administrator Lisa Jackson on Japan Radiation, Methyl Iodide, and Nuclear Power | KQED","description":"EPA Administrator Lisa Jackson toured a couple of Fresno County farms yesterday, and Sasha Khokha, KQED's Central Valley Bureau Chief, caught up with her in a grape vineyard, asking her questions on Californians' fear of Japanese radiation, the EPA's review of methyl iodide, and the viability of expanded nuclear power plants. On the radiation issue,","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Interview: EPA Administrator Lisa Jackson on Japan Radiation, Methyl Iodide, and Nuclear Power","datePublished":"2011-03-24T17:28:15.000Z","dateModified":"2011-03-24T18:48:42.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"21225 http://ww2.kqed.org/news/?p=21225","disqusUrl":"https://ww2.kqed.org/news/2011/03/24/interview-epa-administrator-lisa-jackson-on-japan-radiation-methyl-iodide-and-nuclear-power/","disqusTitle":"Interview: EPA Administrator Lisa Jackson on Japan Radiation, Methyl Iodide, and Nuclear Power","path":"/news/21225/interview-epa-administrator-lisa-jackson-on-japan-radiation-methyl-iodide-and-nuclear-power","audioUrl":"http://ww2.kqed.org/news/files/2011/03/LisaJacksonEPAJapan.mp3","audioDuration":null,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_21233\" class=\"wp-caption alignleft\" style=\"max-width: 100px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/LisaJackson.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/LisaJackson.jpg\" alt=\"\" title=\"LisaJackson\" width=\"100\" height=\"150\" class=\"size-full wp-image-21233\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Lisa Jackson. Photo: EPA\u003c/figcaption>\u003c/figure>\n\u003cp>EPA Administrator Lisa Jackson \u003ca href=\"http://www.fresnobee.com/2011/03/23/2321646/federal-epa-administrator-tours.html\">toured\u003c/a> a couple of Fresno County farms yesterday, and Sasha Khokha, KQED's Central Valley Bureau Chief, caught up with her in a grape vineyard, asking her questions on Californians' fear of Japanese radiation, the EPA's review of methyl iodide, and the viability of expanded nuclear power plants. \u003c/p>\n\u003cp>On the radiation issue, Jackson said the government's models of even worst-case scenarios didn't foresee a chance of radiation levels surpassing \"health-based limits.\" Jackson advised those who are concerned to look at the \u003ca href=\"http://www.epa.gov/japan2011/\">EPA site\u003c/a> on the emergency.\u003c/p>\n\u003cp>On methyl iodide, she framed the EPA's publishing of the petition to reevaluate the \u003ca href=\"http://ww2.kqed.org/news/tag/methyl-iodide/\">controversia\u003c/a>l fumigant methyl iodide as a legal requirement, saying, \"we haven't made any decision. I'm not sure the staff are going to recommend that we need to do a full-blown re-evaluation of the science. We'll certainly review the petition though.\"\u003cem> (Update:\u003c/em> Our reporter Amy Standen, however, has confirmed with an EPA spokesman that the opening up of a public comment period on methyl iodide was a decision made by the EPA, and not simply a legal requirement.)\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/LisaJacksonEPAJapan.mp3\">\u003cem>Interview with EPA Administrator Lisa Jackson\u003c/em>\u003c/a>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"label":":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/LisaJacksonEPAJapan.mp3"},"numeric":[":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/LisaJacksonEPAJapan.mp3"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/21225/interview-epa-administrator-lisa-jackson-on-japan-radiation-methyl-iodide-and-nuclear-power","authors":["80"],"programs":["news_6944"],"categories":["news_1758","news_19906"],"tags":["news_1116","news_1121","news_890"],"label":"news_6944"},"news_20896":{"type":"posts","id":"news_20896","meta":{"index":"posts_1591205157","site":"news","id":"20896","score":null,"sort":[1300908387000]},"guestAuthors":[],"slug":"methyl-iodide-update-epa-takes-public-comments","title":"Methyl Iodide Update: EPA Opens Up Public Comment Period","publishDate":1300908387,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Over the past couple of weeks. there have been some new developments in the controversy over methyl iodide, a \u003ca href=\"http://www.britannica.com/EBchecked/topic/222012/fumigant\">fumigant\u003c/a> used mostly in the harvesting of strawberries.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/strawberry.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/strawberry.jpg\" alt=\"\" title=\"strawberry\" width=\"186\" height=\"105\" class=\"alignleft size-full wp-image-21104\">\u003c/a> Farmers say methyl iodide is critical to the state's $2 billion strawberry industry, and California’s Department of Pesticide Regulation \u003ca href=\"http://www.cdpr.ca.gov/docs/pressrls/2010/101201.htm\">approved\u003c/a> it last year.\u003c/p>\n\u003cp>The process, however, exposed a \u003ca href=\"http://californiawatch.org/dailyreport/warning-about-strawberry-field-chemical-ignored-scientists-say-2495\">rift between DPR scientists and administrators\u003c/a>, when the latter approved exposure levels 120 times higher than what staff and consulting scientists believe is safe for farm workers and people who live near strawberry fields. (Background on this story \u003ca href=\"http://californiawatch.org/dailyreport/warning-about-strawberry-field-chemical-ignored-scientists-say-2495\">here\u003c/a>, \u003ca href=\"http://californiawatch.org/dailyreport/state-approves-pesticide-despite-cancer-warning-7152\">here\u003c/a>, and \u003ca href=\"http://californiawatch.org/dailyreport/without-question-one-most-toxic-chemicals-earth-2714\">here\u003c/a>.)\u003c/p>\n\u003cp>\u003cem>EPA opens public comment period\u003c/em>\u003c/p>\n\u003cp>Last week, the EPA opened a public comment period on methyl iodide. Environmentalists say this is a long time coming. In March, 2010, the enviro-law group Earthjustice \u003ca href=\"http://www.sacbee.com/2010/08/07/2943103/foes-of-controversial-fumigant.html\">submitted a petition\u003c/a> to the US-EPA, asking that the agency revoke its approval of the fumigant, which would force California to do the same. In August, US Senator Diane Feinstein chimed in, requesting that the EPA re-evaluate the methyl iodide decision. Last Thursday the agency \u003ca href=\"http://www.regulations.gov/#!searchResults;rpp=10;po=0;s=EPA-HQ-OPP-2010-0541\">formally invited members of the public to weigh in\u003c/a> on whether methyl iodide should be approved as a pesticide. At the end of the 30-day period, the agency will “evaluate the petitioner’s request,” to see whether it warrants further action.\u003cbr>\n\u003c!--more-->\u003cbr>\nSo, does the move signal a shift in the EPA’s thinking about whether methyl iodide should be a federally-approved pesticide? Or is it just a formality? Depends on who you ask. Greg Loarie, an attorney with Earthjustice, said “our hope is that EPA will take this process seriously and will conclude that the prior administration's decision to register methyl iodide was misguided.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In a written statement, Jeff Tweedy, head of business development for Arysta LifeScience, methyl iodide's manufacturer, said, “To be clear, the public comment period is not a reopening of the Federal registration of methyl iodide for review.” \u003c/p>\n\u003cp>\u003ci>Department head who approved methyl iodide resigns\u003c/i>\u003c/p>\n\u003cp>Mary-Ann Warmerdam, who was appointed to the state’s Department of Pesticide Regulation by Governor Schwarzenegger in 2004, \u003ca href=\"http://www.cdpr.ca.gov/docs/pressrls/2011/110316.htm\">left to take a job at Clorox\u003c/a>. So far, no word from Governor Jerry Brown on who will replace her. \u003c/p>\n\u003cp>\u003ci>DPR scientists who criticized methyl iodide registration leave the department\u003c/i>\u003c/p>\n\u003cp>Last year, KQED-QUEST filed a request under California’s Public Records Act for documents that might reveal details about \u003ca href=\"http://ww2.kqed.org/news/2011/03/01/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from/\">how\u003c/a> the DPR reached its allowable exposure level, which is so much greater than what its risk assessment scientists believed was safe.\u003c/p>\n\u003cp>Among the documents we received were \u003ca href=\"http://ww2.kqed.org/news/2011/03/01/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from/\">a series of emails\u003c/a> from scientists on the DPR's evaluation team, indicating they had not been consulted and “had to read between the lines” to try and figure out how the final exposure levels had been reached. They also wrote that DPR heads had not included cancer risk in the department's decision to approve the chemical. Now, both scientists have left the agency. According to DPR spokeswoman Lea Brooks, Ruby Reed retired in December and Lori Lim took a job in August at the Office of Environmental Health Hazard Assessment.\u003c/p>\n\u003cp>Below is an interview on these developments with Earthjustice's Greg Loarie. The organization, representing several environmental and farm-worker advocacy groups, filed a lawsuit in December against the Department of Pesticide Regulation and Arysta LifeScience. You can \u003ca href=\"http://earthjustice.org/sites/default/files/mei-final-petition-filestamped.pdf\">read the petition here\u003c/a>. \u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/MethylIodideEJ1.mp3\">\u003cem>Interview with methyl iodide opponent Greg Loarie\u003c/em>\u003c/a>[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/MethylIodideEJ1.mp3] \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>And here's a statement from the fumigant's manufacturer, Arysta LifeScience, on the EPA public comment period:\u003c/p>\n\u003cblockquote>\u003cp>Arysta LifeScience has expected this public comment period as a regular part EPA’s procedure when any petition about a product is received. To be clear, the public comment period is not a reopening of the Federal registration of methyl iodide for review. \u003c/p>\n\u003cp>Questions about methyl iodide’s safety have all been asked and answered through protective safety measures required by EPA and the California Department of Pesticide Regulation. DPR performed an extraordinarily rigorous 8-year review of MIDAS in addition to the EPA review process described as its ‘most comprehensive review ever.’ \u003c/p>\n\u003cp>Methyl iodide has a track record of real-world use on more than 17,000 acres in the Southeast since it was registered by the EPA in 2007. Methyl iodide can and is being used safely and without harm to farmworkers, bystanders, neighbors or the environment today. We stand behind methyl iodide as an important tool for growers.” \u003c/p>\n\u003c/blockquote>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1300909159,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":773},"headData":{"title":"Methyl Iodide Update: EPA Opens Up Public Comment Period | KQED","description":"Over the past couple of weeks. there have been some new developments in the controversy over methyl iodide, a fumigant used mostly in the harvesting of strawberries. Farmers say methyl iodide is critical to the state's $2 billion strawberry industry, and California’s Department of Pesticide Regulation approved it last year. The process, however, exposed a","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Methyl Iodide Update: EPA Opens Up Public Comment Period","datePublished":"2011-03-23T19:26:27.000Z","dateModified":"2011-03-23T19:39:19.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"20896 http://ww2.kqed.org/news/?p=20896","disqusUrl":"https://ww2.kqed.org/news/2011/03/23/methyl-iodide-update-epa-takes-public-comments/","disqusTitle":"Methyl Iodide Update: EPA Opens Up Public Comment Period","path":"/news/20896/methyl-iodide-update-epa-takes-public-comments","audioUrl":"http://ww2.kqed.org/news/files/2011/03/MethylIodideEJ1.mp3","audioDuration":null,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Over the past couple of weeks. there have been some new developments in the controversy over methyl iodide, a \u003ca href=\"http://www.britannica.com/EBchecked/topic/222012/fumigant\">fumigant\u003c/a> used mostly in the harvesting of strawberries.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/strawberry.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/strawberry.jpg\" alt=\"\" title=\"strawberry\" width=\"186\" height=\"105\" class=\"alignleft size-full wp-image-21104\">\u003c/a> Farmers say methyl iodide is critical to the state's $2 billion strawberry industry, and California’s Department of Pesticide Regulation \u003ca href=\"http://www.cdpr.ca.gov/docs/pressrls/2010/101201.htm\">approved\u003c/a> it last year.\u003c/p>\n\u003cp>The process, however, exposed a \u003ca href=\"http://californiawatch.org/dailyreport/warning-about-strawberry-field-chemical-ignored-scientists-say-2495\">rift between DPR scientists and administrators\u003c/a>, when the latter approved exposure levels 120 times higher than what staff and consulting scientists believe is safe for farm workers and people who live near strawberry fields. (Background on this story \u003ca href=\"http://californiawatch.org/dailyreport/warning-about-strawberry-field-chemical-ignored-scientists-say-2495\">here\u003c/a>, \u003ca href=\"http://californiawatch.org/dailyreport/state-approves-pesticide-despite-cancer-warning-7152\">here\u003c/a>, and \u003ca href=\"http://californiawatch.org/dailyreport/without-question-one-most-toxic-chemicals-earth-2714\">here\u003c/a>.)\u003c/p>\n\u003cp>\u003cem>EPA opens public comment period\u003c/em>\u003c/p>\n\u003cp>Last week, the EPA opened a public comment period on methyl iodide. Environmentalists say this is a long time coming. In March, 2010, the enviro-law group Earthjustice \u003ca href=\"http://www.sacbee.com/2010/08/07/2943103/foes-of-controversial-fumigant.html\">submitted a petition\u003c/a> to the US-EPA, asking that the agency revoke its approval of the fumigant, which would force California to do the same. In August, US Senator Diane Feinstein chimed in, requesting that the EPA re-evaluate the methyl iodide decision. Last Thursday the agency \u003ca href=\"http://www.regulations.gov/#!searchResults;rpp=10;po=0;s=EPA-HQ-OPP-2010-0541\">formally invited members of the public to weigh in\u003c/a> on whether methyl iodide should be approved as a pesticide. At the end of the 30-day period, the agency will “evaluate the petitioner’s request,” to see whether it warrants further action.\u003cbr>\n\u003c!--more-->\u003cbr>\nSo, does the move signal a shift in the EPA’s thinking about whether methyl iodide should be a federally-approved pesticide? Or is it just a formality? Depends on who you ask. Greg Loarie, an attorney with Earthjustice, said “our hope is that EPA will take this process seriously and will conclude that the prior administration's decision to register methyl iodide was misguided.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a written statement, Jeff Tweedy, head of business development for Arysta LifeScience, methyl iodide's manufacturer, said, “To be clear, the public comment period is not a reopening of the Federal registration of methyl iodide for review.” \u003c/p>\n\u003cp>\u003ci>Department head who approved methyl iodide resigns\u003c/i>\u003c/p>\n\u003cp>Mary-Ann Warmerdam, who was appointed to the state’s Department of Pesticide Regulation by Governor Schwarzenegger in 2004, \u003ca href=\"http://www.cdpr.ca.gov/docs/pressrls/2011/110316.htm\">left to take a job at Clorox\u003c/a>. So far, no word from Governor Jerry Brown on who will replace her. \u003c/p>\n\u003cp>\u003ci>DPR scientists who criticized methyl iodide registration leave the department\u003c/i>\u003c/p>\n\u003cp>Last year, KQED-QUEST filed a request under California’s Public Records Act for documents that might reveal details about \u003ca href=\"http://ww2.kqed.org/news/2011/03/01/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from/\">how\u003c/a> the DPR reached its allowable exposure level, which is so much greater than what its risk assessment scientists believed was safe.\u003c/p>\n\u003cp>Among the documents we received were \u003ca href=\"http://ww2.kqed.org/news/2011/03/01/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from/\">a series of emails\u003c/a> from scientists on the DPR's evaluation team, indicating they had not been consulted and “had to read between the lines” to try and figure out how the final exposure levels had been reached. They also wrote that DPR heads had not included cancer risk in the department's decision to approve the chemical. Now, both scientists have left the agency. According to DPR spokeswoman Lea Brooks, Ruby Reed retired in December and Lori Lim took a job in August at the Office of Environmental Health Hazard Assessment.\u003c/p>\n\u003cp>Below is an interview on these developments with Earthjustice's Greg Loarie. The organization, representing several environmental and farm-worker advocacy groups, filed a lawsuit in December against the Department of Pesticide Regulation and Arysta LifeScience. You can \u003ca href=\"http://earthjustice.org/sites/default/files/mei-final-petition-filestamped.pdf\">read the petition here\u003c/a>. \u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/MethylIodideEJ1.mp3\">\u003cem>Interview with methyl iodide opponent Greg Loarie\u003c/em>\u003c/a>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"label":":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/MethylIodideEJ1.mp3"},"numeric":[":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/03/MethylIodideEJ1.mp3"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>And here's a statement from the fumigant's manufacturer, Arysta LifeScience, on the EPA public comment period:\u003c/p>\n\u003cblockquote>\u003cp>Arysta LifeScience has expected this public comment period as a regular part EPA’s procedure when any petition about a product is received. To be clear, the public comment period is not a reopening of the Federal registration of methyl iodide for review. \u003c/p>\n\u003cp>Questions about methyl iodide’s safety have all been asked and answered through protective safety measures required by EPA and the California Department of Pesticide Regulation. DPR performed an extraordinarily rigorous 8-year review of MIDAS in addition to the EPA review process described as its ‘most comprehensive review ever.’ \u003c/p>\n\u003cp>Methyl iodide has a track record of real-world use on more than 17,000 acres in the Southeast since it was registered by the EPA in 2007. Methyl iodide can and is being used safely and without harm to farmworkers, bystanders, neighbors or the environment today. We stand behind methyl iodide as an important tool for growers.” \u003c/p>\n\u003c/blockquote>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/20896/methyl-iodide-update-epa-takes-public-comments","authors":["210"],"programs":["news_6944"],"categories":["news_19906","news_6188"],"tags":["news_1117","news_1116","news_890"],"label":"news_6944"},"news_18062":{"type":"posts","id":"news_18062","meta":{"index":"posts_1591205157","site":"news","id":"18062","score":null,"sort":[1299021396000]},"guestAuthors":[],"slug":"methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from","title":"Methyl Iodide Mystery: Where Did the State Get Its Higher Safe-Level Number From? ","publishDate":1299021396,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Last week, Jon Brooks wrote a \u003ca href=\"http://ww2.kqed.org/news/2011/02/22/listen-to-the-state-assembly-hearing-on-methyl-iodide/\">post\u003c/a> about the latest chapter in California's approval of a controversial strawberry fumigant, called methyl iodide.\u003c/p>\n\u003cp>Soon after, we received an email from a representative of \u003ca href=\"http://www.arystalifescience.com/eng-us/index.html\">Arysta Lifescience\u003c/a>, the company that manufactures methyl iodide for agricultural use, asserting that we had only presented one side of the story, and offering us an interview with Jeff Tweedy, Arysta's head of business development. I have been \u003ca href=\"http://www.californiareport.org/archive/R201006111630/c\">following this story\u003c/a> for a while, so I gave Mr. Tweedy a call.\u003c/p>\n\u003cp>A little background: Methyl iodide is a toxic chemical that causes cancer and miscarriages in animal lab tests. Case studies of humans who have been exposed to methyl iodide suggest that the chemical can also cause brain damage. When California's Department of Pesticide Regulation \u003ca href=\"http://blogs.kqed.org/ourstateofhealth/2010/12/08/california-approves-use-of-controversial-pesticide/\">approved\u003c/a> the use of methyl iodide in December, it did so with a set of conditions. One of these was a maximum exposure level -- a ceiling on how much methyl iodide farm workers could be exposed to.\u003c/p>\n\u003cp>The maximum exposure the DPR \u003ca href=\"http://www.cdpr.ca.gov/docs/pressrls/2010/100430.htm\">set\u003c/a> was 96 parts per billion (ppb).\u003c/p>\n\u003cp>That number, however, is 120 times higher than the exposure level that the DPR's staff scientists believed was safe. Anything over 0.8 ppb, those scientists had concluded, could put field workers at risk.\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>(Large PDF of staff scientists' health risk assessment \u003ca href=\"http://www.cdpr.ca.gov/docs/risk/mei/mei_vol1_hra_final.pdf\">here\u003c/a>. Page 9 contains the scientists' calculations of human risk levels for cancer and miscarriage, based on lab studies of rats and rabbits.)\u003c/p>\n\u003cp>So where, I asked Tweedy, did the company's safe-exposure number, 96 ppb, come from? His answer:\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2011/03/01/files/2011/02/MethylIodideTweedy1.mp3\">\u003cem>Jeff Tweedy says \"risk mitigation\" measures were factored into the final determination\u003c/em>\u003c/a>[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/02/MethylIodideTweedy1.mp3]\u003c/p>\n\u003cp>But what bearing do safety measures, like using tarps and respirators, have on the calculation –- based on animal lab tests -- of how much methyl iodide would put people at risk?\u003c/p>\n\u003cp>Or, to put it another way: Tarps and respirators can cut back on how much of a chemical someone's exposed to. But they don't change the amount of the chemical that will prove toxic to human beings. That's the fundamental difference between the company (and the Department of Pesticide Regulations), and the staff scientists who evaluated the matter. The former says a much higher level of exposure is safer than the latter does.\u003c/p>\n\u003cp>A DPR spreadsheet, obtained through a public records request, showed that after an eight-hour work day, a worker would be exposed to about 70 ppb of methyl iodide if high-quality tarps and respirators were used. That's still 88 times the safety level scientists recommended.\u003c/p>\n\u003cp>So, based on the DPR's calculations, strawberry field workers who handled methyl iodide – even with the best safety gear -- were almost certainly going to be exposed to more methyl iodide than scientists believed was safe.\u003c/p>\n\u003cp>So I wondered, where did the 96 ppb number come from?\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2011/03/01/files/2011/02/MethylIodideTweedy2.mp3\">\u003cem>Jeff Tweedy says the mitigation factors are based both on what's feasible and safe\u003c/em>\u003c/a>[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/02/MethylIodideTweedy2.mp3]\u003c/p>\n\u003cp>His answer suggests that the 96 ppb was based on best-case mitigation that could be done in the field, rather than what staff scientists had deemed safe. But this itself is speculation, because a clear answer as to where that number came from has yet to be given.\u003c/p>\n\u003cp>An email obtained through a public records request suggests that scientists who were hired by the state to assess methyl iodide were also unclear about the origins of the 96 ppb figure.\u003c/p>\n\u003cp>The email shows an exchange between Ed Loechler, a member of the advisory panel (a group of eight scientists who work outside the DPR, but were brought in by the state as peer-reviewers) and two DPR staff scientists.\u003c/p>\n\u003cblockquote>\u003cp>\u003cem>From Edward L Loechler, to DPR staff scientist\u003cbr>\nProfessor of Biology, Boston University\u003cbr>\nMember of methyl iodide advisory panel\u003c/em>\u003c/p>\n\u003cp>Dear Lori,\u003c/p>\n\u003cp>Could you direct us to where there is a discussion of the justification for these changes? Is it spelled out in one of the documents you sent?...If not, then could you summarize their rationale? (I assume that some kind of reasoning was offered.)\u003c/p>\n\u003cp>\u003cem>Response from staff scientist Lori Lim:\u003c/em>\u003c/p>\n\u003cp>Dear Ed,\u003c/p>\n\u003cp>The \"justification\" is on page 5 of the Notice of Proposed Decision document under the heading Regulatory Target Levels. Since we were not involved in the decision, we had to read between the lines to figure out how the target levels were calculated.\u003c/p>\n\u003cp>There is no way you would \"recognize\" cancer risk. It is nowhere.\u003c/p>\n\u003cp>Lori and Ruby\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>The DPR approved use of methyl iodide in December. Environmental and farm worker groups have \u003ca href=\"http://latimesblogs.latimes.com/greenspace/2011/01/state-approves-controversial-pesticide.html\">sued the state\u003c/a> over the decision. On February 22, the State Assembly held a hearing on the matter. KQED's \u003ca href=\"http://ww2.kqed.org/news/2011/02/22/listen-to-the-state-assembly-hearing-on-methyl-iodide/\">report on that here\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1299044356,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":813},"headData":{"title":"Methyl Iodide Mystery: Where Did the State Get Its Higher Safe-Level Number From? | KQED","description":"Last week, Jon Brooks wrote a post about the latest chapter in California's approval of a controversial strawberry fumigant, called methyl iodide. Soon after, we received an email from a representative of Arysta Lifescience, the company that manufactures methyl iodide for agricultural use, asserting that we had only presented one side of the story, and","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Methyl Iodide Mystery: Where Did the State Get Its Higher Safe-Level Number From? ","datePublished":"2011-03-01T23:16:36.000Z","dateModified":"2011-03-02T05:39:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"18062 http://ww2.kqed.org/news/?p=18062","disqusUrl":"https://ww2.kqed.org/news/2011/03/01/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from/","disqusTitle":"Methyl Iodide Mystery: Where Did the State Get Its Higher Safe-Level Number From? ","path":"/news/18062/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from","audioUrl":"http://ww2.kqed.org/news/files/2011/02/MethylIodideTweedy1.mp3","audioDuration":null,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last week, Jon Brooks wrote a \u003ca href=\"http://ww2.kqed.org/news/2011/02/22/listen-to-the-state-assembly-hearing-on-methyl-iodide/\">post\u003c/a> about the latest chapter in California's approval of a controversial strawberry fumigant, called methyl iodide.\u003c/p>\n\u003cp>Soon after, we received an email from a representative of \u003ca href=\"http://www.arystalifescience.com/eng-us/index.html\">Arysta Lifescience\u003c/a>, the company that manufactures methyl iodide for agricultural use, asserting that we had only presented one side of the story, and offering us an interview with Jeff Tweedy, Arysta's head of business development. I have been \u003ca href=\"http://www.californiareport.org/archive/R201006111630/c\">following this story\u003c/a> for a while, so I gave Mr. Tweedy a call.\u003c/p>\n\u003cp>A little background: Methyl iodide is a toxic chemical that causes cancer and miscarriages in animal lab tests. Case studies of humans who have been exposed to methyl iodide suggest that the chemical can also cause brain damage. When California's Department of Pesticide Regulation \u003ca href=\"http://blogs.kqed.org/ourstateofhealth/2010/12/08/california-approves-use-of-controversial-pesticide/\">approved\u003c/a> the use of methyl iodide in December, it did so with a set of conditions. One of these was a maximum exposure level -- a ceiling on how much methyl iodide farm workers could be exposed to.\u003c/p>\n\u003cp>The maximum exposure the DPR \u003ca href=\"http://www.cdpr.ca.gov/docs/pressrls/2010/100430.htm\">set\u003c/a> was 96 parts per billion (ppb).\u003c/p>\n\u003cp>That number, however, is 120 times higher than the exposure level that the DPR's staff scientists believed was safe. Anything over 0.8 ppb, those scientists had concluded, could put field workers at risk.\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>(Large PDF of staff scientists' health risk assessment \u003ca href=\"http://www.cdpr.ca.gov/docs/risk/mei/mei_vol1_hra_final.pdf\">here\u003c/a>. Page 9 contains the scientists' calculations of human risk levels for cancer and miscarriage, based on lab studies of rats and rabbits.)\u003c/p>\n\u003cp>So where, I asked Tweedy, did the company's safe-exposure number, 96 ppb, come from? His answer:\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2011/03/01/files/2011/02/MethylIodideTweedy1.mp3\">\u003cem>Jeff Tweedy says \"risk mitigation\" measures were factored into the final determination\u003c/em>\u003c/a>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"label":":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/02/MethylIodideTweedy1.mp3"},"numeric":[":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/02/MethylIodideTweedy1.mp3"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But what bearing do safety measures, like using tarps and respirators, have on the calculation –- based on animal lab tests -- of how much methyl iodide would put people at risk?\u003c/p>\n\u003cp>Or, to put it another way: Tarps and respirators can cut back on how much of a chemical someone's exposed to. But they don't change the amount of the chemical that will prove toxic to human beings. That's the fundamental difference between the company (and the Department of Pesticide Regulations), and the staff scientists who evaluated the matter. The former says a much higher level of exposure is safer than the latter does.\u003c/p>\n\u003cp>A DPR spreadsheet, obtained through a public records request, showed that after an eight-hour work day, a worker would be exposed to about 70 ppb of methyl iodide if high-quality tarps and respirators were used. That's still 88 times the safety level scientists recommended.\u003c/p>\n\u003cp>So, based on the DPR's calculations, strawberry field workers who handled methyl iodide – even with the best safety gear -- were almost certainly going to be exposed to more methyl iodide than scientists believed was safe.\u003c/p>\n\u003cp>So I wondered, where did the 96 ppb number come from?\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2011/03/01/files/2011/02/MethylIodideTweedy2.mp3\">\u003cem>Jeff Tweedy says the mitigation factors are based both on what's feasible and safe\u003c/em>\u003c/a>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"label":":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/02/MethylIodideTweedy2.mp3"},"numeric":[":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/02/MethylIodideTweedy2.mp3"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>His answer suggests that the 96 ppb was based on best-case mitigation that could be done in the field, rather than what staff scientists had deemed safe. But this itself is speculation, because a clear answer as to where that number came from has yet to be given.\u003c/p>\n\u003cp>An email obtained through a public records request suggests that scientists who were hired by the state to assess methyl iodide were also unclear about the origins of the 96 ppb figure.\u003c/p>\n\u003cp>The email shows an exchange between Ed Loechler, a member of the advisory panel (a group of eight scientists who work outside the DPR, but were brought in by the state as peer-reviewers) and two DPR staff scientists.\u003c/p>\n\u003cblockquote>\u003cp>\u003cem>From Edward L Loechler, to DPR staff scientist\u003cbr>\nProfessor of Biology, Boston University\u003cbr>\nMember of methyl iodide advisory panel\u003c/em>\u003c/p>\n\u003cp>Dear Lori,\u003c/p>\n\u003cp>Could you direct us to where there is a discussion of the justification for these changes? Is it spelled out in one of the documents you sent?...If not, then could you summarize their rationale? (I assume that some kind of reasoning was offered.)\u003c/p>\n\u003cp>\u003cem>Response from staff scientist Lori Lim:\u003c/em>\u003c/p>\n\u003cp>Dear Ed,\u003c/p>\n\u003cp>The \"justification\" is on page 5 of the Notice of Proposed Decision document under the heading Regulatory Target Levels. Since we were not involved in the decision, we had to read between the lines to figure out how the target levels were calculated.\u003c/p>\n\u003cp>There is no way you would \"recognize\" cancer risk. It is nowhere.\u003c/p>\n\u003cp>Lori and Ruby\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>The DPR approved use of methyl iodide in December. Environmental and farm worker groups have \u003ca href=\"http://latimesblogs.latimes.com/greenspace/2011/01/state-approves-controversial-pesticide.html\">sued the state\u003c/a> over the decision. On February 22, the State Assembly held a hearing on the matter. KQED's \u003ca href=\"http://ww2.kqed.org/news/2011/02/22/listen-to-the-state-assembly-hearing-on-methyl-iodide/\">report on that here\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/18062/methyl-iodide-mystery-where-did-the-state-get-its-higher-safe-level-number-from","authors":["210"],"programs":["news_6944"],"categories":["news_356"],"tags":["news_948","news_152","news_18543","news_890"],"label":"news_6944"},"news_17465":{"type":"posts","id":"news_17465","meta":{"index":"posts_1591205157","site":"news","id":"17465","score":null,"sort":[1298410910000]},"guestAuthors":[],"slug":"listen-to-the-state-assembly-hearing-on-methyl-iodide","title":"State Hears Testimony on Controversial Methyl Iodide Approval","publishDate":1298410910,"format":"aside","headTitle":"State Hears Testimony on Controversial Methyl Iodide Approval | KQED","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cem>Update Wed Feb 23: \u003c/em>KQED’s Central Valley bureau chief Sasha Khokha attended yesterday’s assembly hearing on the approval of methyl iodide, a controversial strawberry pesticide that was \u003ca href=\"http://www.californiareport.org/archive/R201006181630/b\">approved by the state\u003c/a> at far greater levels than an independent panel of scientists said were safe. Here’s the \u003ca href=\"http://www.californiareport.org/archive/R201102230850/b\">report\u003c/a>: \u003c/p>\n\u003cp>\u003cem>Feb 22 post:\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/02/strawberry.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/02/strawberry.jpg\" alt=\"\" title=\"strawberry\" width=\"186\" height=\"105\" class=\"alignleft size-full wp-image-17481\">\u003c/a>The State Assembly is now holding a joint oversight hearing on the controversial approval of the strawberry fumigant methyl iodide. \u003c/p>\n\u003cp>\u003ca href=\"http://192.234.214.75/ASM-4202\">\u003cstrong>LISTEN TO THE HEARING LIVE\u003c/strong>\u003c/a>\u003c/p>\n\u003cp>Last year, KQED’s Amy Standen reported on the controversy for The California Report. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>As reported by Standen, the strawberry pesticide is intended to take the place of methyl bromide, which is being phased out because it harms the ozone. Scientists say methyl iodide is highly toxic. Lab studies in rats have shown the chemical causes miscarriages and cancer. Case studies of humans exposed to methyl iodide show that it can cause brain damage. \u003c/p>\n\u003cp>Scientists who have studied methyl iodide fear that it might cause brain damage in human fetuses.\u003c/p>\n\u003cp>Despite that, the Bush-era EPA approved the chemical. California, however, requires a separate process. The state’s Department of Pesticide Regulation asked its scientists to determine a safe level of exposure for farm workers, then asked a panel of external researchers to vet the process. The final limit the experts came up with was .8 parts per billion. But when the state announced its regulations, that number had swollen to 96 parts per billion, shocking the scientists who had worked on the project. \u003c/p>\n\u003cp>Listen to Amy’s Standen two-part \u003ca href=\"http://www.californiareport.org/archive/R201006181630/b\">report\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Related: \u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://proximal.blogs.pressdemocrat.com/11319/methyl-iodide-strawberries-cancer-california-government/\">Get your neurotoxin off my strawberry\u003c/a> (The Proximal Kitchen)\u003c/li>\n\u003cli>\u003ca href=\"http://proximal.blogs.pressdemocrat.com/11643/methyl-iodide-strawberries-cancer-california-sims/\">Methyl iodide: The other side of the story\u003c/a> (The Proximal Kitchen)\u003c/li>\n\u003c/ul>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1685495481,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":289},"headData":{"title":"State Hears Testimony on Controversial Methyl Iodide Approval | KQED","description":"Update Wed Feb 23: KQED's Central Valley bureau chief Sasha Khokha attended yesterday's assembly hearing on the approval of methyl iodide, a controversial strawberry pesticide that was approved by the state at far greater levels than an independent panel of scientists said were safe. Here's the report: Feb 22 post: The State Assembly is now","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State Hears Testimony on Controversial Methyl Iodide Approval","datePublished":"2011-02-22T21:41:50.000Z","dateModified":"2023-05-31T01:11:21.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/17465/listen-to-the-state-assembly-hearing-on-methyl-iodide","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Update Wed Feb 23: \u003c/em>KQED’s Central Valley bureau chief Sasha Khokha attended yesterday’s assembly hearing on the approval of methyl iodide, a controversial strawberry pesticide that was \u003ca href=\"http://www.californiareport.org/archive/R201006181630/b\">approved by the state\u003c/a> at far greater levels than an independent panel of scientists said were safe. Here’s the \u003ca href=\"http://www.californiareport.org/archive/R201102230850/b\">report\u003c/a>: \u003c/p>\n\u003cp>\u003cem>Feb 22 post:\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/02/strawberry.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/02/strawberry.jpg\" alt=\"\" title=\"strawberry\" width=\"186\" height=\"105\" class=\"alignleft size-full wp-image-17481\">\u003c/a>The State Assembly is now holding a joint oversight hearing on the controversial approval of the strawberry fumigant methyl iodide. \u003c/p>\n\u003cp>\u003ca href=\"http://192.234.214.75/ASM-4202\">\u003cstrong>LISTEN TO THE HEARING LIVE\u003c/strong>\u003c/a>\u003c/p>\n\u003cp>Last year, KQED’s Amy Standen reported on the controversy for The California Report. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As reported by Standen, the strawberry pesticide is intended to take the place of methyl bromide, which is being phased out because it harms the ozone. Scientists say methyl iodide is highly toxic. Lab studies in rats have shown the chemical causes miscarriages and cancer. Case studies of humans exposed to methyl iodide show that it can cause brain damage. \u003c/p>\n\u003cp>Scientists who have studied methyl iodide fear that it might cause brain damage in human fetuses.\u003c/p>\n\u003cp>Despite that, the Bush-era EPA approved the chemical. California, however, requires a separate process. The state’s Department of Pesticide Regulation asked its scientists to determine a safe level of exposure for farm workers, then asked a panel of external researchers to vet the process. The final limit the experts came up with was .8 parts per billion. But when the state announced its regulations, that number had swollen to 96 parts per billion, shocking the scientists who had worked on the project. \u003c/p>\n\u003cp>Listen to Amy’s Standen two-part \u003ca href=\"http://www.californiareport.org/archive/R201006181630/b\">report\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Related: \u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://proximal.blogs.pressdemocrat.com/11319/methyl-iodide-strawberries-cancer-california-government/\">Get your neurotoxin off my strawberry\u003c/a> (The Proximal Kitchen)\u003c/li>\n\u003cli>\u003ca href=\"http://proximal.blogs.pressdemocrat.com/11643/methyl-iodide-strawberries-cancer-california-sims/\">Methyl iodide: The other side of the story\u003c/a> (The Proximal Kitchen)\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/17465/listen-to-the-state-assembly-hearing-on-methyl-iodide","authors":["80"],"programs":["news_6944"],"categories":["news_8"],"tags":["news_333","news_2582","news_890"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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You ask the questions. You decide what Bay Curious investigates. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. 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