Support Communities Rights to Protect Themselves from Toxic Pesticides
Background
This attempt at federal preemption would undermine decades of work across the country by organizations like ours, to protect their community and environment. Federal preemption prohibits local governments from adopting laws that are more protective than federal and state rules and overturns decades of precedent and Supreme Court rulings across the United States, including Hawaiʻi.
The widespread use of pesticides poses a significant threat to Hawaiʻi's unique ecosystems, communities, and wildlife. Despite some progress in establishing protective regulations, recent legislative proposals at the federal level threaten to undo these advancements. The U.S. Farm Bill, a crucial piece of legislation that governs agricultural and environmental policy, is at risk of being amended with provisions that could weaken environmental protections and state rights and regulations.
According to Pesticide Action Network, PANNA, there are 7 US states that currently allow cities and towns to implement stronger pesticide regulations — local governments in the remaining 43 are “preempted” from doing so by State level government. Hawaiʻi was ruled to be “implied to be preempted” in 2016 in the 9th circuit court of appeals, which overturned three county measures passed to protect communities from pesticide drift and exposure from experimental test fields for GE crops and biotechnology.
More often than not, your local government does not have the power to protect you from dangerous pesticides. Chemical corporations and their lobbyists on the federal level are working hard to take away local and state rights by creating preemption on the federal level.
They are working hard to put corporate profits over people and incorporate language in the upcoming Farm Bill that would strip local control from ALL states, including Hawaiʻi. If this language is allowed to become law, around 200 communities across the US would see their protective pesticide laws overturned. It would also make the fight to return local control in the remaining states even more difficult. Communities concerned about pesticide drift and exposure would have to advocate at the federal level to protect themselves. For example, it took advocates over 10 years to enact basic protections and disclosure at the Hawaii State Legislature. Most frontline communities won’t have the resources or time to engage at the federal level. If the pesticide provisions become law, crop chemical makers could evade responsibility to people including farmers sickened by exposure, even as emerging research shows many of the substances can cause cancer and other diseases. Preemption forces communities into a “one size fits all” approach to policy that keeps us from responding quickly to issues that impact our local environment, health, and economy.
Hawaiʻi’s fragile environment and diverse species are particularly vulnerable to the harmful effects of pesticides. The federal government must not erode the protections we have fought so hard to establish.
In 2018 Hawaiʻi passed Act 45, being the first US state to ban chlorpyrifos, this measure, among others, could be overturned should preemption pass on the federal level.
More Specific Concerns
Three specific measures being incorporated into the Farm Bill pose a serious threat to our environment:
EATS Act (H.R.4417 / S.2019): Undermines state laws and existing pesticide regulations, jeopardizing community and ecosystem safety.
Agricultural Labeling Uniformity Act (H.R.4288): Strips states of their ability to enforce stricter pesticide labeling standards, crucial for public health and environmental protection.
USDA CROP Act (H.R.5070 / S.2472): Compromises the scientific rigor of the EPA’s pesticide review process, endangering ecosystems and health.
Take Action Now! Oppose Federal Preemption of Local & State Authority!
Please contact your legislators to oppose preemption language in the Farm Bill. Please tell your Senators and Congress people that you do not support preemption language and you believe in the rights of your local government to set stricter pesticide controls.
Sample Email to Contact Your Federal Representatives:
Subject: Protect State & County Rights! Oppose Federal Preemption in the Farm Bill!
Dear [Officials Name],
I am writing to express my strong opposition to the federal preemption being proposed in the U.S. Farm Bill.
I strongly oppose the incorporation of EATS Act (H.R.4417 / S.2019), the Agricultural Labeling Uniformity Act (H.R.4288), and the USDA CROP Act (H.R.5070 / S.2472) into the federal farm bill. Your support in rejecting these measures will help preserve the rights of local governments to protect their citizens and natural resources.
These provisions threaten to strip local and state governments of their authority to adopt protective pesticide regulations, which are crucial for the health and safety of our communities and environment and overturns decades of precedent and Supreme Court rulings across the United States.
Please oppose preemption language in the federal Farm Bill. Thank you for your dedication to safeguarding our environment and public health.
Sincerely,
[Your Name]
[Your Contact Information]
For more information and to take action, visit: [www.hapahi.org/Action Link]
Thank you for taking progressive action!
Hawaiʻi Alliance for Progressive Action (HAPA)
