RochelleMcCullough LLP

October 14 2006 - Democrats challenge EPA pesticide Rule

Three Democrats in Congress have added their names to a lawsuit seeking to end any pesticide testing on children by the Environmental Protection Agency.

Sen. Bill Nelson of Florida and Sen. Barbara Boxer and Rep. Hilda Solis, both of California, said Thursday they have joined a lawsuit against EPA by the Natural Resources Defense Council.

The group is suing EPA to end pesticide testing on pregnant women and infants. The lawmakers say a new rule from EPA fails to implement the ban required by Congress last year to protect vulnerable people from harmful pesticide testing.

They contend the rule prohibits the use of data collected from pesticide testing on pregnant women and children but allows the testing to continue.

"Pregnant women, infants and children have been and likely still will be used as human guinea pigs in pesticide testing," Nelson said. "It must be stopped."

EPA spokeswoman Jennifer Wood said the agency always works to ensure the health and safety of the most vulnerable populations, including pregnant women and children.

Congress in July 2005 imposed a one-year moratorium on testing pesticides on humans and gave EPA six months to issue a new rule to prevent testing on pregnant women and children.

That occurred after Boxer and Nelson demanded that EPA cancel an industry-backed pesticide study on the families of 60 children in Duval County, Fla. They had been due to receive children's clothes, a camcorder and $970 for participating.

EPA in January for the first time established criteria for tests by pesticide makers on human subjects and said it would not approve any new such testing involving pregnant women and children. Wood said Thursday, however, that in rare cases EPA would accept pesticide test data involving pregnant women and children, but only if that data indicated that a more stringent health standard is needed to further restrict use of the pesticide.

NRDC then sued EPA over the new rule for what the group called "unethical, illegal human pesticide testing."

In a friend-of-the-court brief, Nelson, Boxer and Solis urged a federal appeals court to order EPA to create a new rule that complies with Congress's intent to ban testing on pregnant women, infants and children.
<< back

The information and materials on this Web site are provided for general informational purposes only and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this Web site is intended to substitute for the advice of an attorney, therefore if you require legal advice please consult with a competent attorney licensed to practice in your jurisdiction. All attorneys, unless otherwise noted in website, are not certified by Texas Board of Legal Specialization. See Terms of Use.