This development highlights the power of grassroots action. Oregon’s new law on chlorpyrifos is stronger and more protective than the US EPA.
A Breath Of Fresh Air: Eugene's Bold Step Towards Pollution Control
Arjorie Arberry-Baribeault, West Eugene Community Organizer for Beyond Toxics.
On Monday, October 23rd, the Eugene City Council voted unanimously to adopt the concept of Public Health Protection Zoning, what we have been calling a Public Health Overlay Zone! The City Manager will next draft an ordinance to include public health requirements in Eugene’s zoning laws. This represents a historic win for environmental justice, as we will be the first city in Oregon to adopt this innovative concept!
I moved to west Eugene as a teenager in the ‘90s and later raised three children there.
While raising my children in west Eugene, we spent plenty of time in parks or swimming in the neighborhood pool. Our family lived in the Bethel School District where we embraced playing outdoors, engaged in team sports and enjoyed time in public spaces with friends and family. I tried to take my children to the park every day, rain or shine.
We felt safe and at home in west Eugene. Plus it was affordable in those days! Historically, housing tended to be less expensive in this community, which was crucial to our family, as it is to other low income, working class families. We felt a sense of security and belonging in the neighborhood; we never suspected the dangers that surrounded us or the threats of industrial pollution that would impact my family forever.
Zion and Arjorie
In the heart of Bethel, over 30 industrial facilities loom over the landscape, including wood preservation companies spewing dangerous air toxins regularly. Combined with the ceaseless traffic on 3 busy highways, our community is constantly inundated with diesel emissions on top of the industrial air pollutants. For years we breathed in air laden with dangerous industrial pollutants.
Polluting factories are a common sight near residential areas of West Eugene.
We were surrounded by industrial sources of pollution, but I had always thought, ‘they’re just doing business, right?’ Living so close to industry, it never bothered us that our homes were located near smokestacks that emitted clouds of "smoke." What they were releasing was not necessarily our concern. At the time I told myself things like “Surely, we wouldn't be subjected to anything that could hurt us”. And "Certainly, the city is aware of what can happen when factories are allowed to operate near homes, schools, parks and other community spaces." We had no clue that behind those innocent-looking smoke-stacks lay something more sinister than we ever dared to imagine.
While it was a blow to learn just how naive it was to believe that our city had strong public health regulations in place, my faith in society’s ability to protect public health from harm was completely shattered the day my family heard the doctor’s diagnosis: ‘Zion has Hodgkin’s Lymphoma’. I have shared my story of being a mother of a childhood cancer survivor before, but the impact of her battle and survival from illness changed my life. And, I believe, her difficult journey left a lasting impression on the power of community advocacy. With our victory from the Eugene City Council’s October vote*, my faith in the power of community action has been renewed and my hope for a better future restored! The struggles of folks in this neighborhood, who have been made vulnerable and burdened with sickness and in some cases death of loved ones, have finally been recognized as a cause for concern by the powers that be!
This new zoning ordinance will, potentially, take effect citywide in order to help protect the community from the dangers of industrial pollution in our neighborhoods. One of the ways this concept will improve the safety of our neighborhoods will be to create a quarter-mile buffer between industrial facilities and residential, park, and school zones. This is a brand new concept and it will take time to work out the details, but it represents an extraordinary moment in west Eugene’s history. This is a big victory for the environmental justice movement!
Thank you to all who have supported making history by your compelling testimonies and hard work to bring this into fruition. Congratulations, Eugene!
~ Arjorie Arberry-Baribeault, West Eugene Community Organizer
For more about Arjorie's journey, see the interactive presentation, "Beautician Turned Environmentalist" on ArcGIS's StoryMap
* Eugene council takes step to create rules they say will protect the city from polluters by Alan Torres, Eugene Register-Guard (PDF)
Advancing Environmental Justice in 2023
Our 2023 Legislative Priorities
I am thrilled to report that we are gearing up for another very exciting year of advocacy and activism! Each year Beyond Toxics creates a list of priorities for the Oregon legislative session, working with our members and community partners to support strong public and environmental health policies for the state.
Our advocacy campaigns are rooted in environmental justice, putting equity and inclusion in all sectors of Oregon policy-making at the center of our work. I believe that, in order to build a thriving and just Oregon, we need to urge local legislators to vote in favor of strong and equitable policies that demonstrate an ongoing commitment to environmental stewardship and the advancement of human rights and dignity.
We are leading three priority initiatives during the 2023 Oregon legislative session. The issues addressed reflect areas of concern for frontline communities bearing the brunt of climate change and environmental degradation. Our team remains a steadfast advocate for all Oregonians, especially those living in underserved communities across the state.
These are our three legislative priorities for the 2023 session:
Natural Climate Solutions (SB 530)
Creating Natural Climate Solutions
We are working with a statewide coalition to put forward the Natural Climate Solutions bill, SB 530. This could be a game-changer for climate action in Oregon! SB 530 is a comprehensive bill that will help the state achieve its climate goals, support Oregon’s environmental justice communities and small landowners, improve equitable outcomes in the face of climate change, and protect our state’s vital natural resources.
If passed, SB 530 will…
In addition to all these climate benefits, implementing this bill will result in significant and measurable environmental benefits of cleaner air, healthier soils and protected drinking water.
“This ambitious piece of legislation prioritizes activities that protect or improve the ability of Oregon’s natural and working lands to sequester carbon. This is the necessary climate action our state needs and, if it is successful, it will put an amazing framework in place to address greenhouse gas reduction in our forests, agricultural lands, and rangelands.” ~ Teryn Yazdani, Staff Attorney and Climate Policy Manager
Read more about the Natural Climate Solutions bill
Toxic Free Schools (SB 426)
Pesticide Reduction and Improved Management Practices For Schools
Our second legislative priority is The Toxic Free Schools bill, SB 426, which is part of a three bill suite of environmental health bills lined up to protect children's health from exposure to toxic chemicals. The goal of SB 426 is to improve transparency around pesticide use in Oregon schools and provide funding to support schools integrated pest management planning. When Oregon's School Integrated Pest Management law was enacted in 2009, it did not allocate funding to the Department of Education or school districts to implement the law. As a result, many hazardous and unlawful pesticide applications have occurred on Oregon’s school campuses in the last thirteen years.
If SB 426 is passed, a proactive approach to adopting the safest pest management methods will ensure school children are not exposed to pesticides that can cause cancer and other negative health impacts.
If passed, SB 426 bill will…
“Ultimately, the Toxic Free Schools bill will provide resources to the Department of Education to support school districts in updating and implementing IPM plans and improve transparency under Healthy and Safe schools. The goal is to prevent children's exposure to pesticides on athletic fields, playgrounds, cafeterias and learning spaces.” ~ Jennifer Eisele, Pesticide Policy Manager
Read more about the Toxic Free Schools bill
Oregon's Medical Waste Incineration Act (SB 488)
Covanta waste incinerator, Chester, PA. Image courtesy of Chester Residents Concerned for Quality Living.
Air Quality Solutions
The third bill we are prioritizing is Oregon's Medical Waste Incineration Act, SB 488. This bill will close a regulatory loophole in Oregon’s air quality laws that allows a municipal waste (trash) incinerator to burn large amounts of medical and industrial waste, including waste trucked in from out-of-state. Each year, Oregon’s municipal waste incinerator burns more than 176,000 tons of municipal, medical and industrial waste. In recent years, this incinerator has steadily increased their tons of out-of-state hospital and medical waste every year! Burning medical waste, which is often plastics such as PVC, is known to emit more toxic pollutants than most municipal waste due to the complex nature of medical waste. As medical waste incineration increases, emissions of dioxin compounds and other dangerous chemicals also increase. Dioxin is a highly hazardous toxin linked to cancer and reproductive problems. Currently, the incinerator is regulated under the relatively lax rules despite burning a large percentage of out-of-state medical waste. Oregon can close loopholes in the law that will reduce emissions from waste incinerators. The large amounts of air toxics emitted from its stack has impacted human and environmental health around Marion county for over 30 years.
Now is the time to pass SB 488 to implement a much-needed update to Oregon clean air laws. Oregon must adopt stricter emission limits for incinerators burning large amounts of medical waste incineration. The result will be improved air quality for communities around waste incinerators now and into the future.
If passed, SB 488 will…
“In essence, Covanta Marion is a medical waste incinerator masquerading as a municipal waste incinerator by taking advantage of this loophole. Covanta Marion essentially doubles its profits by importing medical waste from out of state. The fact that Covanta Marion can burn medical waste and pollute while taking advantage of weak environmental regulations makes Oregon a dumping ground for the toxic pollution that other states don’t allow.” ~ Lisa Arkin, Executive Director
Read more about Oregon's Medical Waste Incineration Act
What To Expect
The Beyond Toxics team will fight to pass all three bills during the 2023 legislative session. Our goal is to keep advancing stronger policies that implement meaningful change for Oregon’s environmental policies and prioritize human and environmental health.
However, we do not work alone! We rely on support from local communities and people that are concerned about environmental and public health issues. You can help us get these bills passed this session!
Here’s how you can get involved right now…
Krystal Abrams, Communications Manager
Dorris Ranch Orchard: New Season, New Start
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.
Time to celebrate Oregon’s climate action success!
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:
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:
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
Oregon Department of Forestry’s “Social License” for Aerial Spray Has Expired
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
Oregonians Expect Bolder Action on Climate
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.”
Winning the Battle to Ban Chlorpyrifos!
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.
Lay Of The Land (Use)
“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.