EPA Using Industry Insiders to Forge Pesticide Policy

Conservation groups file lawsuit to stop it

by Erika Schreder, WTC

The Washington Toxics Coalition has joined with other conservation and pesticide watchdog groups to file a lawsuit to stop the Environmental Protection Agency (EPA) from giving illegal special access to a group of chemical corporations. We found, in documents we obtained under the Freedom of Information Act, that EPA officials have regularly met in secret with this group of pesticide companies, and that the group has urged EPA to weaken endangered species protections from pesticides. The lawsuit was filed in federal district court in Seattle.

Our Endangered Species Act lawsuit to protect salmon from pesticides has forced the EPA to consult with expert biologists at the National Marine Fisheries Service on the effects of pesticides on salmon. Now the chemical companies are pushing EPA to bypass the results of our lawsuit by issuing regulations to cut those expert biologists out of consultations determining the effects of pesticides on wildlife. At the companies' urging, EPA started a rulemaking in early 2003 that would allow it to conduct these evaluations largely on its own.

"EPA is letting the pesticide industry have inside influence over the fate of endangered species poisoned by toxic pesticides," said Patti Goldman of Earthjustice, which brought the lawsuit on behalf of the Natural Resources Defense Council, the Center for Biological Diversity, Defenders of Wildlife, Washington Toxics Coalition, and Northwest Coalition for Alternatives to Pesticides.

Federal law prohibits the government from using and meeting in secret with such insider groups. Congress has established good government standards that prevent secret and one-sided advisory bodies of wealthy special interests. The Federal Advisory Committee Act prohibits the federal government from obtaining advice from committees comprised of only the regulated industry. That Act also requires that the meetings of advisory groups be open to the public.

"EPA has an open-door policy to the biggest chemical companies in America while excluding the rest of us," said Mike Senatore of Defenders of Wildlife. "That's not right. In America all voices are supposed to be heard, not just wealthy interests that make campaign contributions."

In 2000, EPA established this chemical industry group, known as the FIFRA Endangered Species Task Force, to develop data disclosing the locations of endangered species ("FIFRA" stands for the Federal Insecticide, Fungicide, and Rodenticide Act, which is the federal pesticide law). The task force is composed of 14 agro-chemical companies. It meets regularly with EPA officials in closed meetings and has no public-interest representatives. Over the past year, the chemical industry task force has shifted its efforts away from generating data to advocating that EPA circumvent the Endangered Species Act for pesticide uses that harm federally protected species. It has become the chief proponent of new pesticide regulations that would eliminate expert oversight over species protections. In early 2003, EPA announced its plan to issue such regulations, and it plans to propose new rules soon. "For years, EPA has flouted its obligation to protect endangered species from pesticides," said Aaron Colangelo of the Natural Resources Defense Council. "Now that the courts are directing EPA to comply with its duties, the pesticide industry and the Bush administration have come up with a new trick for delaying species protections."

The lawsuit asks the court to order EPA to commit to bring its actions into compliance with the Federal Advisory Committee Act.