Category: Toxic Chemicals

A bulldozer and garbage truck on a landfill waste site

Mar 2024

What’s Trash Got To Do With It? Toxics!

Mason Leavitt

Over the first weekend of March, I had the opportunity to attend the 2024 Public Interest Environmental Law Conference, most commonly referred to as PIELC. Every year, lawyers, policy experts, and activists come from all over the United States and the world to exchange views, strategies, and projects regarding some of the most salient environmental issues currently facing society. My objective was to increase visibility around Beyond Toxics’ burgeoning work on the topic of climate and toxic impacts from landfills. To accomplish this, I reached out to our partners, the Valley Neighbors for Environmental Quality and Safety, to organize a panel.

Joel Geier, an hydrogeologist who works internationally, and Mark Yeager, a water quality policy expert, agreed to help. Together we presented "Landfills: the good, bad, ugly, and the alternatives" to a packed audience. Our panel covered the climate impacts of methane produced by landfills, long term liabilities to host communities, and the effects of leachate on ground and surface water. Leachate is the toxic stew produced by water percolating through garbage and picking up chemicals, heavy metals, microplastics and other "forever" chemicals from waste. Leachate is collected by pipes underneath the landfill and trucked to local wastewater treatment facilities. These facilities are not capable of treating or removing many of the toxins in leachate.

During the questions portion of the panel, we heard from audience members from all over the United States who face issues similar to Beyond Toxics. We discussed struggles, strategies, and solutions with experts from Missouri, Tennessee, Massachusetts, Arizona, and Oregon. For me, it was both instantly gratifying and disheartening to hear so many other advocates dealing with the same issues across states. On one hand, feeling solidarity is empowering, while on the other, it’s tough to face the pervasiveness of problems resulting from landfills.

The second goal I had in attending PIELC was to learn more about toxic issues that intersect with landfills. For example, I learned that landfills are one of the largest single sources of PFAS chemicals in the environment. PFAS is a group of chemicals used to enhance waterproofing and non-stick properties in consumer products. They are nearly indestructible, earning the name “forever chemicals,” and many of them cause cancer. Testing done by local governments in Oregon show clear evidence of high concentrations of PFAS chemicals in landfill leachate. We also know PFAS chemicals end up in the Willamette river, risking the safety of recreationists, fishermen, and communities relying on the river for drinking water. Phasing out PFAS would eventually cause landfill leachate to reduce its PFAS concentration, and cause less to go in the Willamette and other rivers.

Map of Leachate Movement in the Willamette Valley

I felt delighted to see other environmental advocates present legislative goals to phase out PFAS from cosmetics, carpets, contact lenses, and more. This proposed phase-out is commonly referred to as an “upstream solution,” when a problem is solved or mitigated at the source. Putting an end to the production of PFAS means preventing all the problems it causes later in our streams, food, and bodies.

The same process could be said for plastics. Reducing the production and consumption of single-use plastics, such as cups, to-go containers, and excessive packaging, would result in several benefits to society. One, plastics contain many toxic additives used to enhance flexibility, waterproofing, toughness, and heat resistance. These additives escape products made from plastic during use and enter food, skin, and leave residues of chemicals in the environment. Reducing the excessive use of oftentimes unnecessary single-use plastic prevents exposure to additives. In a similar manner, this would reduce the amount of plastic we burnin incinerators or dump into landfills at the end of its life cycle, both of which have dangerous implications for health and the environment. Lastly, it would dramatically reduce plastic waste in oceans, beaches, wildlife, rivers, and more.

PIELC attendees repeatedly affirmed how important each step of toxics management is–both upstream and downstream–in order to create a cleaner and safer future for everyone. While our presentation on landfills highlighted all the problems created by the disposal of consumer and industrial waste, many other panels focused on all the problems that could be solved by phasing out or reducing certain substances from production. Beyond Toxics will continue to advocate for safer management of solid waste in landfills, and we will keep supporting our allies across the state as they fight for upstream solutions.

By Mason Leavitt,
GIS and Spatial Data Coordinator

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Nov 2023

A Breath Of Fresh Air: Eugene's Bold Step Towards Pollution Control

Arjorie Arberry-Baribeault

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)

Oct 2023

Pump to Progress: Ending the Legacy of Gas Station Contamination

Nathan Wilson

Underground petroleum contamination is a widespread problem that drains public resources and has been routinely mismanaged to the detriment of public safety and environmental integrity. The first of many steps that should be taken to address this problem is banning the construction of new gas stations.

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Apr 2023

It’s National Public Health Week. Let’s tackle toxic chemicals!

Lisa Arkin

Every child deserves a safe environment to grow in that allows them to become strong and healthy and develop to their full potential. During National Public Health Week, it's important to draw attention to the health impacts and risks from toxic chemicals in products and the places where children live, learn and play. It is now estimated that 10 million synthetic chemicals are added to the marketplace every year. They range from the chemicals in plastic toys, pesticides on our lawns and school grounds, and harmful additives in our personal care products that go directly onto our skin and are absorbed into our organs.

These chemicals can cause immediate and long-term harm. Toxic chemicals are linked to neurological damage which can leave a child with learning disabilities. Over time, chemicals can lead to a wide range of health problems from endocrine and reproductive disruption to cancer. Exposure to harmful chemicals in consumer products and the environment disproportionately impact communities of color and lower income communities that are more often exposed to cumulative toxins. It is often the case that cheaper and deadlier products are marketed to the most vulnerable members of our communities.

What is Oregon doing to address toxic chemicals?
Thankfully, there are three key bills addressing toxic chemicals this 2023 Session being led by Oregon Environmental Council and Beyond Toxics and their partners. We continue to advocate for and defend these bills from staunch opposition from the chemical and pesticide industry and demand that toxics be prioritized by our lawmakers.

This year, National Public Health Week coincides with an important deadline in Oregon’s legislative session, and thus determines what health-protective policies will, or will not, move forward. On April 4th, every bill currently being considered by the Oregon legislature must have been voted out of its first chamber committee.

happy Group of elementary school kids running forward

What do these bills do, and what is their current status?

1) Toxic Free Schools (SB 426)

Oregon school districts and regulatory agencies currently lack funding, coordination and resources needed to implement safer pesticide use practices. As a result, unintentional yet illegal pesticide uses are occurring at Oregon schools. SB 426 will fix a 14-year unfunded mandate for schools and create a path towards modernized record keeping and safer choices for pest control under the Healthy and Safe Schools Act.

The Toxic Free Schools Act will:

End a 14-year unfunded mandate by providing resources and technological assistance to school districts to reduce harmful pesticide use.

Modernize pesticide record-keeping processes and increase transparency for communities.

SB 426 was voted out of the Senate Education Committee on March 30th and has been referred to the Joint Ways and Means Committee to address its fiscal impact.

Advancing Environmental Justice in 2023

Krystal Abrams

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:

Help Oregon achieve its strong climate goals

Strengthen and update pesticide policies on school grounds

Increase accountability for waste incinerators to protect Oregon’s air quality

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…

Create an ongoing source of state funding for voluntary actions to draw down carbon from the atmosphere and store it on natural and working lands, such as forest land, farm land and wetlands;

Position Oregon to leverage federal funding and private investments in natural climate solutions on natural and working lands;

Fund and direct state agencies to provide incentives and technical support to forest owners, farmers, ranchers, and environmental justice communities on natural and working lands to adopt climate smart practices; and

Invest in a comprehensive Oregon natural and working lands inventory and study opportunities for workforce development and training.

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…

Improve transparency around pesticide use in schools by aligning School IPM law with the Healthy and Safe Schools Act;

Direct the Department of Education to convene a stakeholder advisory group to coordinate and problem-solve IPM implementation in Oregon schools;

Provide funding for three pilot projects to implement an electronic Pesticide Applicator Recordkeeping application developed by Oregon METRO government;

“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…

Give the DEQ the authority to accurately assess how many tons of medical waste is burned annually at a trash incinerator facility;

Apply the stricter emission limits required for medical waste incinerators under federal law;

Regulate a large polluter and ensure better environmental protection and public health outcomes for all Oregonians.

“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

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…

Stay informed! Sign up for Beyond Toxics e-alerts to stay up to date on these 3 bills and receive our weekly Action Alerts directly in your inbox.

Plan for action! Start planning to submit written testimonies in favor of these bills once the hearings begin. The legislative session moves quickly so it’s a good idea to start thinking about your stance on these issues now.

Spread the word! Share your thoughts about these bills with your family and friends and encourage them to write their own testimonies in support of any of these three bills.

Check your socials! Follow @beyondtoxics on Facebook, Instagram and/or Twitter and keep an eye out for upcoming Action Alerts in your feeds.

Krystal Abrams, Communications Manager

Jul 2022

Pollute, Dispute and Scoot!

Lisa Arkin

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Aerial view of JH Baxter creosote factory in West Eugene.

When J.H. Baxter shut down in January 2022, the community heralded a new era of cleaner air and more livable neighborhoods. This creosote chemical company polluted both nearby communities and its own workers for seven decades. The day after the plant ceased operations, nearby neighbors could suddenly take in a breath of air without coughing, getting a headache or feeling nauseous.

Dishonorably, like the black tar stain of creosote, J.H. Baxter continues to leave its sticky, foul mark on its Bethel neighbors. Shielding itself from the consequences of intentional toxic chemical trespass is the company’s signature legacy.

J.H. Baxter takes advantage of our community in three major ways

POLLUTE
First, J.H. Baxter for years exposed residents to air polluted with a sinister cocktail of naphthalene, ammonia, methanol, acetaldehyde, and a much longer list of nasty chemicals. At the same time its Bethel factory contaminated groundwater with pentachlorophenol (a carcinogen) and soil with dioxin (a carcinogen). Both provoked above-average health problems that afflict many long-suffering residents.

DISPUTE
Secondly, J.H. Baxter violated environmental protection laws in full view of our federal and state agencies. Regulators knew that the company was a repeat, intentional polluter and declared it a Significant Non-Complier as far back as 2012. Sadly, nothing changed. As environmental violations mounted and grew in severity, J.H. Baxter employed the corporate tactic of dispute-and-delay to dissuade agencies from holding it to account and issuing appropriate civil penalties. The company is responsible for at least one Superfund site in California and hazardous chemicals spills in the Columbia River. Like a white-collar crime thriller on the big screen, this corporate tycoon took advantage of its wealth and political ties to silence workers and manipulate the system. These deceits enabled J.H. Baxter to emerge unscathed, time after time.

SCOOT
Finally, when cornered by indisputable revelations of dioxin in the soil of nearby neighborhoods, J.H. Baxter forced regulatory agencies to go to court, buying time and spending taxpayer dollars. J.H. Baxter employed this tactic again when it was fined $305,440 for egregious violations of hazardous waste and water quality laws from 2015 to this year. It used the courts to dispute evidence of violations and to protest civil fines. Beyond Toxics became a legal petitioner to represent community interests and make sure pollution victims’ experiences were considered. After dragging out the litigation for nearly a year, on July 14, J.H. Baxter signed a settlement agreement to pay the full $305,440 immediately. The agreement was used to resolve the enforcement actions by the DEQ.

Here’s where J.H. Baxter performs the evasive “scoot” maneuver, continuing its historical pattern of violating the community’s trust, signing documents in bad faith and skirting Oregon laws: The company refuses to pay their $305,440 debt, and appears have no intention of paying the fine even though they signed the settlement agreement.

Further, the company refuses to make any effort to pay for the dioxin cleanup of residential yards in Bethel neighborhoods that are now contaminated from years of negligent environmental violations.

PROFITS, LIKE ITS POLLUTION, UP IN THE AIR
Although the company has not declared bankruptcy, Company CEO Georgia Baxter claims that years of corporate profits simply vanished. Thankfully, the Oregon Department of Justice and the Oregon DEQ are scrupulously investigating how the State can recoup the money owed in civil penalties and the millions of dollars being spent on cleaning up the dioxin mess, both on the polluter’s property and in the yards of nearby Bethel residents.

However, DEQ’s options are murky under Oregon law. For example, the agency has been unable to recover even a penny from all the equipment and chemicals J.H. Baxter has sold off since it closed.

J. H. Baxter has figured out it can pollute, dispute and scoot – with impunity.

WE CAN LEARN FROM THIS
Eugene should not allow a similar toxic fiasco to happen again! Now is the time to stand up and demand polluter accountability. Beyond Toxics is working with City Councilors Claire Syrett and Randy Groves to design policies with the teeth to protect our communities. We residents of Eugene must mandate strong requirements to end chronic polluter malfeasance. Our legislature must give our regulatory agencies more tools to rein in chronic polluters.

Help us pass meaningful policies that build public health criteria in our zoning codes. Contact us to find out more about upcoming hearings on the Public Health Overlay Zone. Read our J.H. Baxter FAQ sheet. Your City Councilor needs to hear directly from you that Eugene must adopt solutions that will get our community on a clear path to end the dodgy cycle of pollute, dispute and scoot.

~ Lisa Arkin, Executive Director

See also: "Opinion: Eugene can prevent toxic fiascoes like J.H. Baxter's from happening again"
Lisa Arkin, publshed in the Eugene Register-Guard, Sept. 25, 2022

Read Register-Guard's most recent reporting on the J.H. Baxter issue

May 2022

How Baby Foods Might be Damaging Your Baby's Brain

Krystal Abrams

As elements with a higher density than water, heavy metals occur naturally in the environment. However, while some are beneficial for our health, such as zinc and iron, others can wreak havoc on our nervous system. Four of the most dangerous heavy metals are arsenic, cadmium, lead, and mercury [1]. Shockingly, these heavy metals can also be found in baby food intended for children under 36 months who go through a critical period of growth and development [2]. Exposure to these heavy metals by ingestion over a long time can lead to neurodevelopmental disorders such as autism [3], mainly if the baby food the child is fed contains chemical pesticides, too.

Recently, a congressional report exposed four major baby food companies in the U.S. for allowing outrageous concentrations of heavy metals in their products. The baby food manufacturers that agreed to partake in the investigation, led by Congressman Raja Krishnamoorthi, were found to use ingredients exceeding the safe limit of arsenic by 91 times and the maximum limit of lead by 177, and the safe limit of cadmium by 69 times. Because there are no regulations for heavy metals in baby food [4], companies feel encouraged to cut corners by skipping testing for these contaminants and thereby place financial gain over the wellbeing of children.

What exacerbates the extent of toxic exposure among children? In catering to baby food companies, farmers often use hazardous pesticides on their crops to destroy weeds and keep pests at bay. Pesticides can easily contaminate baby food, just like heavy metals, as they are absorbed by the grains, fruits, and vegetables through the leaves and roots. Heavy metals and pesticides act as neurotoxins [5] once inside children's bodies, which means exposure is likely to affect their neurodevelopment.

How Exposure to Heavy Metals and Pesticides Cause Neurodevelopmental Problems

Exposure to heavy metals from baby food has a cumulative impact on the nervous system of children, as they accumulate in their bodies and stay there forever. Children have a higher rate of nutrient uptake by the gastrointestinal tract and undeveloped detoxification systems, making them more prone to neurotoxicity. Because heavy metals and pesticides are neurotoxins, they can easily cross the blood-brain barrier [6] and reach cerebral matter, where they will settle. Researchers have examined the brain tumor samples of patients with neurological disorders and found neurotoxicity and heavy metal poisoning.

Lead was found to take a toll on the nervous system of babies, affecting brain development and function. Currently, roughly 500,000 children between 1 and 5 in America have blood concentrations of lead above the official safe limit [7]. The presence of significant concentrations of lead in children's bodies can cause organ and metabolic abnormalities at the cellular and molecular levels of the nervous system.

The buildup of heavy metals in children's blood will create free radicals [8], which generate oxidative stress. Free radicals are very harmful, as they can cause a wide range of serious diseases, whereas oxidative stress can damage proteins, DNA, and cells [9].

Finally, when it comes to pesticides, organophosphates, carbamates, and organochlorine pesticides were scientifically proven to be neurotoxic [10], especially in very young children. Fumigants, which are neurotoxins, too, cause damage to the nervous system by inducing toxicological mechanisms that affect most tissues in the body. In addition to autism, other neurodevelopmental problems exposure to heavy metals and pesticides from baby food can cause are cognitive damage, learning disabilities, conduct disorders, mental retardation, behavioral disorders, vision and hearing impairment, cerebral palsy, and attention deficit hyperactivity disorder (ADHD).

The Baby Food Safety Act of 2021 Gives Hope to Parents of Infants and Toddlers

Shortly after the congressional report was made public, Congressman Raja Krishnamoorthi proposed the Baby Food Safety Act [11]. This bill would immediately set baby food's arsenic, cadmium, lead, and mercury limits. If it becomes effective, the bill would also make it mandatory for the U.S. Food and Drug Administration to closely monitor baby food companies and lower the maximum allowable limits for heavy metals even more, if necessary.

The Baby Food Safety Act would also oblige facilities that manufacture, process, pack or hold infant and toddler food to enforce specific plans to ensure their products comply with the safe limits on heavy elements. Lastly, the bill would make the Centers for Disease Control run awareness campaigns periodically about the dangers of heavy metals in baby food and children exposed to these neurotoxins.

Young beautiful woman with a tablet picks baby food in a supermarket, the girl is studying the composition of the product close-up

About the Author

As CFO at Environmental Litigation Group, Jonathan Sharp is responsible for managing firm assets, collecting and distributing funds, and financial analysis. The law firm, headquartered in Birmingham, Alabama, specializes in toxic exposure and assists parents whose children developed autism due to tainted baby food.

References:

1 – https://www.osha.gov/toxic-metals
2 – https://oversight.house.gov/sites/democrats.oversight.house.gov/files/2021-02-04%20ECP%20Baby%20Food%20Staff%20Report.pdf
3 – https://www.medicalnewstoday.com/articles/317754
4 – https://www.spectroscopyonline.com/view/regulating-heavy-metals-in-baby-food-the-challenges-of-food-manufacturers-and-the-fda-being-on-the-same-page
5 – https://pubmed.ncbi.nlm.nih.gov/17981626/
6 – https://pubmed.ncbi.nlm.nih.gov/26142507/
7 – https://www.livescience.com/cdc-standard-lead-poisoning-young-kids
8 – https://pubmed.ncbi.nlm.nih.gov/19106443/
9 – https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5551541/
10 – https://pubmed.ncbi.nlm.nih.gov/17981626/
11 – https://www.congress.gov/bill/117th-congress/senate-bill/1019/text?r=1&s=4

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

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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.

Sign up for Beyond Toxics e-news and action alerts! Keep up-to-date on our Environmental Justice campaigns!

What’s Trash Got To Do With It? Toxics!

Pump to Progress: Ending the Legacy of Gas Station Contamination

Advancing Environmental Justice in 2023

Natural Climate Solutions (SB 530)

Toxic Free Schools (SB 426)

Oregon's Medical Waste Incineration Act (SB 488)

Pollute, Dispute and Scoot!

How Baby Foods Might be Damaging Your Baby's Brain

Dorris Ranch Orchard: New Season, New Start

Winning the Battle to Ban Chlorpyrifos!

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