The Environmental Protection Agency has filed a Federal Register notice of a proposed partial settlement agreement and consent decree to address Alianza Nacional de Campesinas, et al., v. U.S. Environmental Protection Agency, et al., a case in the U.S. District Court for the Northern District of California that alleges that Environmental Protection Agency violated the Federal Food, Drug, and Cosmetic Act, with respect to actions or omissions concerning EPA’s implementation of the Endocrine Disruptor Screening Program.

That includes the testing of pesticide chemicals for estrogen, androgen, and thyroid effects, and that such alleged violation is actionable under the Administrative Procedure Act.

The Center for Food Safety explained in a news release: “In October 2023, nearly a year after plaintiffs sued the EPA, EPA proposed an overhaul of the EDSP. Today’s proposed legal agreement builds on that initial overhaul by setting deadlines by which EPA will implement the EDSP and assess pesticides’ endocrine-disrupting effects. Under the terms of the proposed agreement, over the next five years, EPA will collect data on and assess the effects of endocrine-disrupting pesticides, either as part of the agency’s registration review of registered pesticides or as a part of new pesticide approvals. To maximize protection of farmworker and public health, the proposed agreement provides opportunities for farmworker input on prioritizing certain pesticides, and requires EPA to provide regular public updates on the status of their ongoing assessment. Per the agreement, EPA will complete endocrine-disrupting assessment for 86 pesticides over the next 10 years.”

“Many of the pesticides covered by the agreement are linked to birth defects, significant reproductive harms, and certain cancers in people, particularly farmworkers who are in direct contact with these toxic chemicals,” said Sylvia Wu, attorney for Center for Food Safety, counsel for the plaintiffs in the case. “After decades of inaction despite these terrible harms, as a result of our lawsuit EPA is now committed to much-needed steps to protect farmworkers and the public from the potential endocrine-disrupting harms of pesticides.” 

“Alianza Nacional de Campesinas applauds the EPA’s agreement to advance the EDSP. As farmworker women, the dangers posed by endocrine-disrupting chemicals in pesticides are a lived reality that threatens our health and the well-being of our families. While the EPA’s commitment to implementing pesticide screenings is a vital step forward, more work is needed to ensure that harmful chemicals are removed entirely from our fields and communities,” said Mily Trevino-Sauceda, executive director and co-founder of Alianza Nacional de Campesinas.