Blog - Page 3 - Beyond Toxics

Feb 2022

Dorris Ranch Orchard: New Season, New Start

Jennifer Eisele

Dorris Ranch is a popular public park in Springfield and one of my favorite places to walk trails through a historic orchard and along the Willamette River. Although I have seen people picking blackberries and foraging for other edible plants and fungi in the forest near the orchard, I have never given much thought to pesticides that might be used there. I have always felt that the public should not have to be concerned about chemical hazards in public places with open access.

Last summer, I noticed that a community member was posting concerns about heavy pesticide use in the orchard on social media. This person also called on the Willamalane Parks District to stop all pesticide use. They reached out to Beyond Toxics and we began communicating with Willamalane Parks and Recreation District managers about the pesticides used at Dorris Ranch and concerns from the public.

The orchard gets a pesticide (Asana XL) application from an air blaster. (Aug. 2021) Photo courtesy of the Oregon Department of Agriculture.

Lisa Arkin, Beyond Toxics Executive Director and I met with the concerned community member who raised the issue. They lived in the Springfield neighborhood between the Dorris Ranch orchard and the Willamette River. The neighborhood is beautiful. A few dozen homes have backyards along the property line of the Dorris Ranch hazelnut orchard, divided only by a flimsy chain link fence.

We walked through the neighborhood and chatted with a few residents the evening before the scheduled spray. A few people were aware there was going to be work done in the orchard but were unaware of any details. Considering the proximity of the orchard to the homes during the spray, with only a barrier of a chain link fence, it was apparent that it would be nearly impossible for them to avoid pesticide residue reaching the homes.

Lisa's dog, Rafa, runs in the orchard with one of his companions. Photo by Lisa Arkin

My experience taught me that such pesticide use, along with the inevitable spray drift and the proximity to the neighboring properties represented a significant risk for exposure. We got permission from local residents to set out pesticides drift sample trays in their yards before the spray.

ODA Arrives for Oversight

An Oregon Department of Agriculture (ODA) investigator was present to observe the orchardist pesticide application on August 3rd and 4th, which was the last pesticide application for the year. For those days the orchardist used an insecticide called Asana XL to treat moths whose larvae can bore into hazelnuts and destroy the nut.

The ODA investigator took lots of photos to document the spray and noted the temperature throughout the day, as pesticides can often volatilize at higher temperatures. The Willamette Valley was under an extreme heat wave during this time.

The investigator noted open windows at homes next to the orchard with fans blowing air inside during the spray. The ODA investigator documented barely legible notes by the orchardist that served as two years of pesticide application records at the orchard.

After The Spray

The next day we collected our sample trays and plant leaf samples from the backyards after the spray happened and sent them to a lab to test for pesticides. When we received the results from the lab, we were not surprised to see low levels of pesticide residue detected on one of the samples. We sent the lab results to ODA to show that pesticide drift had reached the homes outside the orchard. The ODA returned to collect their own vegetation samples from the yard at the same residence where we found drift and also inside the orchard. The resident had since removed the squash plant where we took our samples and the samples collected by the ODA nearly a month later did not detect pesticide residue at the residence. However, high levels of pesticide residue were still present on the orchard trees. This pesticide is labeled to cause skin irritation and there is ZERO tolerance for residue on food and it should not be accessible in a public park.

Willamalane Responds

In September, a month after the last spray, Willamalane reached out to Beyond Toxics and interested community members and invited us to participate in an Ad Hoc Advisory Committee to make recommendations to the Willamalane Board of Directors about changes in orchard management practices. Committee members included a representative from the National Parks Service, who advised the committee about the historic values of the Dorris Ranch Park and orchard and cultural landscape. A horticulture expert from OSU provided options on Integrated Pest Managament (IPM) practices including pest trapping and monitoring, and less toxic pesticides for each pest throughout the growing season. An organic hazelnut farmer provided a presentation about organic management of hazelnuts through harvest, processing and marketing. Beyond Toxics advocated for better signage and public notice to neighbors and park visitors, better recordkeeping, and most importantly, we focused on developing a community value of non-toxic public spaces.

On December 1, 2021 the AdHoc Committee recommended that the District transition the Dorris Ranch hazelnut orchard to organic management. The Willamalane Board of Directors voted on December 8, 2021 to immediately discontinue using the most hazardous pesticides used in the orchard in favor of less toxic products. They also requested Willamalane staff to obtain further information about the cost of transitioning to organic.

Jennifer Eisele, Pesticide Program Manager, visiting Dorris Ranch Orchard. Photo by Emily Cook.

A New Season, a New Start

As spring approaches, I’ve returned to the trails at Dorris Ranch. I feel so heartened to see the beginning of new life in the orchard. Nineteen acres of blight-infected trees have now been removed and replaced with a variety of blight-resistant baby hazelnut trees. The most immediate benefit will be to reduce the amount of pesticides used at the orchard. I’m looking forward to seeing the other changes still to come. My sincere hope is that, with the involvement of citizen power, Beyond Toxics can help make Dorris Ranch a safer public space for visitors and neighbors, pets and wildlife.

~ Jennifer Eisele, Pesticide Program Manager

Find out more about the panel that will dive into the issue more deeply at the 40th Annual Public Interest Environmental Law Conference: "Water, Pollinators & Public Spaces: A Local Model for Collaborative Pesticide Policy Reform" on Friday, March 4th, from 1:30-2:30 pm.

Jan 2022

Public Pressure Brings Down Polluting Giant

Lisa Arkin

On Friday afternoon, I went with two other Beyond Toxics staff members to stand across the street from the JH Baxter wood treatment facility. We took a moment to breathe in a deep breath of air and celebrate the absence of creosote vapors – the nauseating, eye-burning, nose-searing combination of many chemicals including naphthalene and petroleum – that have defined living in the area for decades.

JH Baxter’s unrelenting toxic pollution has, since the day it began operating, caused devastating harm to workers, Bethel residents and the surrounding neighborhood. We will continue to stand by the community to do everything to ensure this polluter is held accountable to pay for cleaning up dioxin-contaminated soils, toxic PCB plumes in the groundwater and nearby streams and their own highly contaminated 42-acre site.

The devastating effects of JH Baxter’s greed and illegal practices will be felt in the community for decades to come. People who once lived there or who still live there will suffer an increased susceptibility to chronic health problems including cancer, asthma, hypertension, and diabetes for the rest of their lives. The toxic legacy left behind will haunt nearby neighborhoods for generations not yet born.

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Bethel neighbor listens to a West Eugene clean air presentation.

The closure of JH Baxter is nothing short of a ground-breaking community victory! For residents of West Eugene, the closure of JH Baxter warrants a well-deserved victory lap. It is a time to celebrate the years of community organizing and public pressure that led to this moment: shuttering a repeated and intentional polluter!

Beyond Toxics has fought for clean air in the Bethel community since 2006. We’ve been fighting for the principle of holding polluters accountable since our founding in 2001. Our work with West Eugene neighbors began by raising awareness about air and groundwater pollution from the Union Pacific Rail Yard.

We further amplified our work in 2009, when we walked the streets with City Councilor Andrea Ortiz (she later died of complications from a respiratory illness). As we walked together, Councilor Ortiz commented on a persistent chemical stench from nearby industrial facilities, leaking rail cars parked next to homes and parks, and two separate groundwater plumes of vinyl chloride and PCBs. We discussed high rates of cancer, asthma and other illnesses as well. In particular, we talked about the unbearable odors emanating from the JH Baxter plant.

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City Councilor Andrea Ortiz. (deceased; photo taken in 2004)

During the 2012 West Eugene Bus Tour a Latinx mother tells the crowd of her daughter suffering from asthma as a result of living near JH Baxter.

A year later, a teacher from Fairfield Elementary School called us in a panic as the staff rushed the school children back inside from recess. I will never forget her words: “A wall of chemical vapors is overwhelming us! We can’t breathe!” she said. It was the smell of creosote, and JH Baxter was the source.

This call, and other developments, led us to develop the first ever Environmental Justice Toxics Bus Tour in Oregon in 2012.

Over the years we have supported the efforts of Bethel residents to expose JH Baxter’s litany of toxic abuse with a bevy of grassroots organizing tactics, including health studies, air quality studies, testifying, supporting community coalitions and filing a truckload of complaints. Perhaps most importantly, in 2014 we filed a successful US EPA civil rights and environmental justice complaint against the Lane Regional Air Protection Authority. Without fail, we let regulatory agencies know, in no uncertain terms, that they had failed the community, sacrificed public health and allowed themselves to be subservient to one of Oregon’s worst polluters.

In fact, a day before the shutdown plans were known, Beyond Toxics and the Active Bethel Community had sent a letter to the Mayor and Eugene City Council calling for our elected officials to ask Governor Brown and the DEQ to issue a Cease and Desist order to force JH Baxter to stop operations.

Despite the quiet outward appearance I witnessed on Friday, we remain vigilant in insisting regulators hold JH Baxter to the task of paying for cleanup of the neighborhood and their own seriously contaminated 42 acre site.

The courts will consider JH Baxter’s case to contest (as in “not pay”) the $223,000 civil penalty issued by the DEQ for violating their pollution permit. Striving to uphold environmental justice principles during this court case, we successfully petitioned regulators to represent the community’s interest in JH Baxter’s upcoming court hearing (Read our petition to participate on the community’s behalf). Beyond Toxics will be there to ensure environmental justice is upheld!

JH Baxter and the history of how elected officials and regulatory agencies ignored the downwind Bethel community is an example of structural injustice and unfair treatment. As the dark, harrowing shadow of JH Baxter’s toxic legacy recedes, we must continue to insist that Bethel neighbors deserve a sense of well-being and hope for a thriving and just future.

~ Lisa Arkin, Executive Director, Beyond Toxics

See our latest video on YouTube highlighting Beyond Toxics' work in West Eugene

Creative background. Old wooden door, blue color, in the box. Transition to a different climate. The concept of climate change, portal, magic. Copy space.

Dec 2021

Time to celebrate Oregon’s climate action success!

Krystal Abrams

Did you hear the BIG news? On December 16th, 2021, the Oregon Environmental Quality Commission voted 3-1 in favor of establishing the Department of Environmental Quality’s new Climate Protection Program to reduce greenhouse gas emissions from fossil fuels used in Oregon. Beginning in 2022, this program will help secure a healthy climate future, invest in frontline communities, and hold corporate polluters accountable. And while the final program may not be perfect, it sets in motion a massive statewide effort to reduce emissions from the use of transportation fuels and natural gas utilities. The outcome is transitioning Oregon off of fossil fuels and setting an example for other states to follow.

Here are some key highlights from the new program:

Science-based emissions reduction targets for oil companies, "natural" gas utilities like Northwest Natural and Avista, and major industrial facilities to cut their climate pollution in half by 2035. This presents opportunities to innovate, propelling Oregon toward a clean energy future.

Improved public health and resiliency for communities in Oregon most harmed by burning fossil fuels and climate change. Reducing harmful pollution can save Oregonians billions of dollars annually by avoiding health impacts such as lost workdays to asthma and respiratory effects, to heart attacks and hospital visits, to fatal outcomes.

Investments in clean energy projects to support job creation, a strong economy, and cleaner, cheaper, healthier energy and transportation options in communities of color, tribal, low-income, rural and coastal communities across the state.

Powerful Public Engagement
A whopping 7,600 comments on the Climate Protection Program (CPP) rules were sent to the Department of Environmental Quality (DEQ), exceeding typical comment period totals by thousands. Noting the severity and urgency of the climate emergency we face, over 70% of these comments were in support of adopting strong outcomes for climate, equity, and the environment without delay.

In response to the tsunami of public comments, the CPP rules were strengthened in the following ways:

The “cap” placed on oil companies and fossil gas utilities to reduce their emissions was made more aggressive to require 50% reduction by 2035 and 90% reduction by 2050. Previous versions of the CPP rules included a reduction of just 45% by 2035 and 80% by 2050.

The final program sets emissions targets for major industrial facilities covered by the program to cut their climate pollution in half by 2035. Previous drafts of the CPP rules failed to set mandatory reductions for these emissions sources.

The program will fund up to $500 million annually in Community Climate Investment (CCI) projects to support cleaner, cheaper, healthier energy and transportation options in communities of color, tribal, low-income, rural and coastal communities across the state. DEQ strengthened rule language to make it clear these investments would prioritize environmental justice communities.

Calling for Carbon Sequestration
Also, Beyond Toxics took a strong, loud stance to push Oregon to invest in carbon sequestration! In order to truly mitigate and adapt to the impacts of climate change, we know that pulling down atmospheric carbon and storing it in our soils, trees and vegetation, and waters must be prioritized alongside efforts to ratchet back greenhouse gas emissions. This will not only benefit our climate but also result in better soil health, water availability, and air quality.

During the Environmental Quality Commission's (EQC’s) vote to approve the Climate Protection Program, carbon sequestration took the main stage once again. As a result, the Department of Environmental Quality is going to coordinate with the Oregon Global Warming Commission to discuss opportunities to support carbon sequestration in Oregon’s forests, agricultural lands, and wetlands moving forward.

We expect this important discussion to continue at the EQC’s next meeting in early February.

Grit and Gratitude
Public participation throughout the rulemaking process played a major role in improving the final program. Your written comments as well as your presence and voices at public hearings were critical to strengthening the initial rule package developed by DEQ staff. EQC commissioners heard you. You helped make a difference!

As I reflect upon the past year, I find so many reasons to be hopeful. In doing this work, I find great resolve to keep advocating for meaningful climate action. The Climate Protection Program shows how truly powerful public involvement can be to achieve a stable and just climate future. Thank you for contributing to these outcomes.

And while we celebrate this significant progress for the state, we know our work is not done.

One large omission from regulation by the Climate Protection Program is power plants that burn fossil fuels in Oregon and export electricity to other states--that must be fixed! Continued diligent monitoring and engagement will be required to ensure that this program delivers the promised reductions in climate pollution and investments in environmental justice communities.

Our game plan is to continue our efforts to support and encourage public engagement. We must build upon our success to convince state agencies to go farther, think bigger, act faster and adopt the strongest policies.

~ Grace Brahler,
Oregon Climate Action Plan & Policy Manager for Beyond Toxics

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Nov 2021

Oregon Department of Forestry’s “Social License” for Aerial Spray Has Expired

Krystal Abrams

Photo of Nehalem Bay, Oregon (above) by Don Best

Beyond Toxics continues to stand up for Oregon’s forests, watersheds, and communities. Keep reading to see how we’re moving the mark on pesticide use in Oregon’s state forest lands.

Tank Mixes on State Forest Lands

At the September 8, 2021, Board of Forestry meeting, we presented findings to the Board summarizing herbicide applications on Oregon State Forests from January 1, 2020, to August 30, 2021. Bottom line: in that brief 20-month period, 326 tank mixes were applied to state-managed forest lands, over a third of which were aerial sprays. Check out our first report here.

Nehalem Watershed Case Study

For the November 3, 2021, Board of Forestry meeting, we presented a case study of herbicide impacts in the Nehalem Watershed. We sent the Board a set of maps we created using data obtained from FERNS depicting pesticide applications in the Nehalem Watershed from 2015-2021, including Astoria, Tillamook, and Forest Grove Districts.

Map 1. The Nehalem Watershed

The maps that follow take a deeper look at a few “Case Study Areas” outlined in pink. Our goal was to use this case study focused on the headwaters and other stretches of the Nehalem River to help the the Oregon Department of Forestry and the public visualize where pesticide sprays take place, note their close proximity to important fish-bearing streams, and consider related impacts on Oregon’s iconic salmon and trout populations.

Case Study 1: Headwaters of the Nehalem River

This map shows herbicide applications at the headwaters of the Nehalem River. There were 52 acres sprayed within a 500 foot radius of the river, many of which were adjacent to perennial streams that form the Nehalem River headwaters.

Case Study 2: Lower Third of the Nehalem River

This next map shows part of the lower third of the Nehalem River, which includes the Astoria District. There were 95 acres sprayed within a 500 foot radius of the river. More than two-thirds of sprays closeby were aerial sprays.

Case Study 3: Perennial Streams

ODF requires a no-spray buffer on perennial streams, so the map for Case Study 3 accounts for a 100 foot no-spray buffer. It must be noted that, despite no-spray buffers, chemicals applied may unintentionally enter waterways--especially in the case of aerial applications. A number of factors including weather and site conditions can cause aerially-applied pesticides to drift into unintended areas, including nearby streams. As shown, the overwhelming majority of sprays touching this 100 foot buffer were aerial sprays.

Pesticides and Fish
As shown above, herbicide sprays of chemical tank mixes are occurring throughout the length of the Nehalem River. The Department of Forestry's spray activity starts in the highest reaches of the perennial streams that form the headwaters of the watershed, which may result in a pattern of cumulative residues in the waters and soils of critical aquatic wildlife habitat. Once in the streams, pesticides can affect fish including salmon in many different ways, including by hindering the olfactory system of juvenile salmon, reducing the ability of juvenile salmon to adapt to saline environments, or disrupting swimming and predator avoidance. And in addition to the known effects of single chemicals, tank mixes of pesticides that are used often have not been tested in their combined state so their true toxicity on fish and aquatic organisms remains unknown.

The Nehalem River is the largest “wild fish only” river on the Oregon Coast and home to several runs of salmon, including one of the healthiest runs of Oregon Coast coho. Oregon Coast coho are a federally threatened species of salmon that have key spawning habitat in this basin. Based on the data we have compiled using the FERNS system, the large majority of the Department’s pesticide sprays in the area take place in the summer, so steelhead juveniles will be hit hard because that is when they emerge. Summer Chinook spawn right at the end of the peak spray season, so their egg development may be affected as well. The biggest effects will be on Oregon Coast coho, cutthroat trout, and steelhead, all of which spend one to two years in the Nehalem as juveniles and will thus be exposed to these toxins for longer than other species that migrate downstream immediately, such as chum salmon.

Pesticides and Climate Change
Finally, we cannot ignore the connection between pesticide use and climate change.

The Pacific Northwest has warmed by about 3 degrees F (or 1.7 degrees C) in the past half-century. Higher temperatures create imbalances in natural systems, causing more outbreaks and damage from pests and invasive weeds. This leads to increased reliance on pesticide use as there are more pests to manage. However, pesticides contribute to the climate crisis throughout their manufacture, transport and application.

While all communities deserve protected, clean drinking water, pesticide use has put dwindling drinking water sources at risk. Warming waters may increase pesticide toxicity, making matters worse for climate-stressed fish and other aquatic life. Additionally, studies show pesticides kill over 70% of the microbial diversity in soils. Mature and old growth trees, diverse vegetation, and healthy soils are needed to maximize the carbon sequestration potential of our forests.

Further, as pollinator populations are declining due to climate change, pesticide use causes additional stress. Recent research indicates high bee abundance and diversity in PNW forests. However, pesticide use can degrade pollinator habitat, particularly for ground nesting native bees. Exposure to heavily-used glyphosate can harm the development of a pollinator’s gut microbiome, lowering lifespans and decreasing their ability to withstand pathogens.

Why Does Our Data Matter?
It is crucial that ODF manage state forest lands to support resilient, climate-adapted forests that can withstand disturbances and changing conditions. Board Chair Kelly even called chemical spray “an issue of social license” and we agree; following years of toxic pesticide release that has threatened drinking water and important fish and wildlife habitat, the social license for aerial spray has long since expired. Thus, we will keep asking that the Board place a moratorium on aerial herbicide sprays and initiate an evaluation of the full range of impacts of herbicide sprays--particularly aerial herbicide applications--on state-managed forest lands on drinking water quality, greenhouse gas emissions, essential fish habitat, and community health and wellbeing. Onward!

Read our testimony to the Board of Forestry for more details and sources (PDF).

Learn more about all our efforts to advance Resilient Forestry

~ Grace Brahler, Oregon Climate Action Plan & Policy Manager

Oct 2021

Oregonians Expect Bolder Action on Climate

Krystal Abrams

Let’s be honest--the state of the climate emergency can be downright overwhelming and difficult to face day after day. A recent report from the Intergovernmental Panel on Climate Change (IPCC) paints an especially bleak picture: “It is unequivocal that human influence has warmed the atmosphere, ocean and land. Widespread and rapid changes in the atmosphere, ocean, cryosphere and biosphere have occurred.”

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Aug 2021

Winning the Battle to Ban Chlorpyrifos!

Lisa Arkin

In 2020, Oregon became the 4th state to phase-out the organophosphate insecticide, chlorpyrifos. This law came about as a result of a 2-year legislative campaign led by Beyond Toxics to ban the use of chlorpyrifos. We fought for a complete ban, and we knew a phase-out was not enough.

Today we celebrate the EPA’s August 18th decision to END the use of chlorpyrifos on all food crops, a ban that will also apply to Oregon.

An underwater view of a group of wild salmon

Jun 2021

Troubled Waters: Pesticide runoff into the Siuslaw River threatens salmon and the people who rely on them

Jenna Travers

Throughout history, the Siuslaw River was a vital watershed with salmon populations “second only to the Columbia.” Colonization of Oregon changed this––unsustainable fishing was practiced, natural buffers for streams were removed for logging, and the Siuslaw was polluted. Historically, there was an average of 260,000 coho salmon returning to the Siuslaw in one year, but in 1997, that number was a dismal 500.

Apr 2021

Lay Of The Land (Use)

Lisa Arkin

“I’m from the coast.” “I own a farm.” “My family have been ranchers for five generations.” Our sense of ourselves is integrated with the way we own and use land.

Feb 2021

Equity Missing in Oregon Land Use Laws

Alejandra Pedraza

We face a future full of challenges about the health of our communities and the impacts of a warming climate. Of the many intersections between environmental justice, health and climate change, one that is often overlooked is pesticide use.

At the most basic level of fossil fuel production reductions, pesticides are petrochemicals – toxic chemicals made from extracted oil and fracked gas. Agricultural pesticides also increase greenhouse gas emissions of nitrous oxide, a greenhouse gas 300 times more potent than carbon dioxide.