On Jan. 3, a coalition of environmental and farmworker groups announced it filed a lawsuit against the California Department of Pesticide Regulation, accusing regulators of illegally fast-tracking approval of the controversial fumigant methyl iodide.
Environmental law firm Earthjustice and California Rural Legal Assistance (CRLA) filed the suit in Alameda County Superior Court on Dec. 30. The suit seeks to have methyl iodide’s registration as a pesticide vacated and a restraining order issued, banning the Department of Pesticide Regulation (DPR) from approving any products containing the chemical.
Methyl iodide is a fumigant most commonly used on strawberries. It’s injected into the soil before planting to eradicate weeds, insects, and plant diseases. It’s also listed by the state as a carcinogen under Proposition 65.
Among complaints brought forth in the suit, plaintiffs allege the department violated state law in characterizing its Dec. 20 registration of methyl iodide as an emergency action, effectively ending the public comment period after five days and enabling the action to take place before the end of Gov. Arnold Schwarzenegger’s term in office.
“DPR created a political emergency by insisting on locking in its decision before a new administration takes office,” CRLA attorney Mike Meuter said in a statement.
Filed on behalf of Pesticide Action Network, United Farm Workers, Californians for Pesticide Reform, and other groups, the suit also alleges regulators failed to adequately evaluate and disclose health risks associated with the use of methyl iodide—in violation of elements of the state’s Food and Agriculture Code, the federal Birth Defects Prevention Act, and the California Environmental Quality Act.
Department spokeswoman Lea Brooks said officials hadn’t read the lawsuit as of press time, but added that the department believes it followed the registration process.
“Registration of methyl iodide was not fast-tracked,” Brooks wrote in an e-mail. “The intent of the emergency regulations was to add safeguards by requiring a restricted materials permit from the county agricultural commissioner before methyl iodide can be applied. We’re surprised anyone would be opposed to additional safeguards.”
Brooks said the public comment period on methyl iodide’s registration lasted 60 days—twice the amount of time legally required.
Opponents of methyl iodide have submitted more than 50,000 signatures to newly sworn-in Gov. Jerry Brown, urging him to reverse the department’s decision.
This article appears in Jan 6-13, 2011.