Methyl iodide's use in state challenged by suit
Peter Fimrite
San Francisco Chronicle
01/04/2011
Environmentalists and farmworkers challenged approval of a toxic fumigant and carcinogen for use on California crops Monday and urged Gov. Jerry Brown to reverse the decision.
The coalition of advocacy groups filed a lawsuit Thursday calling the decision to register methyl iodide as a pesticide "irresponsible and illegal."
The chemical, produced by Arysta Life- Science Corp. primarily for use on strawberry fields, was approved by the California Department of Pesticide Regulation last month despite concern from some scientists, toxicologists and environmentalists. The lawsuit claims methyl iodide is a poison that causes cancer and thyroid disease and can harm the lungs, liver, kidneys, brain and central nervous system.
"This 11th-hour decision flies in the face of unprecedented scientific consensus and community opposition," said Kathryn Gilje, executive director of Pesticide Action Network North America, which, along with the other plaintiffs, submitted 52,000 comments urging Brown to halt the use of methyl iodide. "This chemical is just too dangerous to use in California."
Lea Brooks, the spokeswoman for the Department of Pesticide Regulation, said the chemical has been studied more than any pesticide in the department's history.
The department, she said, "determined methyl iodide can be used safely under its toughest-in-the-nation health-protective measures, including stricter buffer zones, more groundwater protections, reduced application rates and stronger protections for workers."
State regulators insist that only trained workers will be allowed to inject the chemical into the soil, and treated areas will be covered by impermeable tarps. Methyl iodide is not applied onto plants or fruit, and both sides agree that it will not be detectable on the fruit itself.
The suit was filed in Alameda County Superior Court by Earthjustice and California Rural Legal Assistance Inc. on behalf of the United Farm Workers of America and several pesticide reform groups. It claims state approval of methyl iodide violates the California Environmental Quality Act, the California Birth Defects Prevention Act and the Pesticide Contamination Prevention Act.
The plaintiffs accused the department of fast-tracking approval with an emergency declaration that was a ploy to win passage before Gov. Arnold Schwarzenegger left office.
However, Brooks said the declaration was a way to add more safeguards by requiring farmers to obtain a permit before applying methyl iodide.
