Legislative & Regulatory Legislative & Regulatory Challenges Facing Mosquito Challenges Facing Mosquito

Control ProgramsControl Programs

Joseph M ConlonJoseph M Conlon

Technical AdvisorTechnical Advisor

Challenges

• Regulatory climate

• Funding

• Misinformation

• Product availability

Regulatory Climate

Water Quality Standards, Listed Species, and Endocrine disruptors…Oh My!!

Water Quality Standards, Listed Species, and Endocrine disruptors …Oh My!!

Water Quality Standards, Listed Species, and Endocrine disruptors…Oh My!! ….

Clean Water Act

• Ruling vacated, not defended, opposed review

• No de minimis or cost/benefit standard

• Harmonization of FIFRA/CWA

• Monitoring and BMP/BAT are issues

• Lawsuits as weapons

Current California State Permit

• $50,000 for Sac-Yolo

• Previous research showed no residues

• Monitoring showed no residues or concentrations orders of magnitude below levels of concern

• No impacts ever noted by regulatory agencies

Endangered Species Act

• Administered by the Department of the Interior

– Fish and Wildlife Service (FWS) for terrestrial and freshwater species and some marine mammals

– U.S.G.S Biological Resources Division – research

• Administered by Department of Commerce

– National Marine Fisheries Service - National Oceanic and Atmospheric Administration for marine and anadromous species

– NMFS - research

Endangered Species Act

• “Solely on the basis of the best scientific and commercial data available” – not best data possible

• Information may range from the informal to peer reviewed scientific studies

• Economic effects not considered

• Biological Opinions - RPA

Incomplete Data

• If distribution is poorly known, should it be listed?

• If taxonomic status is disputed - protected as a “distinct population segment” ?

• If species reappears in area, are they “resident population”

• Species rare in part of range - abundant in other parts of its range?

• Should a species “contaminated” with genes from other populations warrant protection?

NMFS BIOP

• Malathion, Chlorpyriphos, Diazinon

• No ID of exposure that would not jeopardize species

• Subject pesticides used for 40 years

• Assumes 4 day exposure at constant concentration

• NMFS acknowledged modeling utilized misuses

• 30’ AGL release height for aerial applications of ULV malathion – 1000 Ft buffer

 

Lawsuits• “Failure to Consult” Law Suits

• Washington Toxics Coalition (WTC) v.EPA (2001)

• Center for Biological Diversity v. EPA (2002)

• Natural Resources Defense Council (NRDC) v. EPA (2003)

• Center for Biological Diversity (CBD) and Save our Springs Alliance (SOSA) v. EPA (2004)

• “Unreasonable Delay” Law suits• NW Coalition for Alternatives to Pesticides et al., v. NMFS

• Stipulated Settlement Schedule

• CBD - Sues EPA for failure to evaluate 75 pesticides on 11 listed

• CBD – NOI to sue over 394 pesticides on 887 listed species

Endocrine Disruptors

• Tulane study - FQPA mandate

• DDT

• Phytoestrogens, cosmetics, detergents, surfactants

• Registration Review – Malathion– Permethrin– Resmethrin

Funding

• Vector-borne disease off radar screen

• Budgets decreasing at all levels…except EPA - good

…and environmental lawyers – not so good

• Litigation – beyond liability

Misinformation

• IPM?

• “Natural” is always better

• Internet testimonials

• Framing the debate in the media– “linked to”, “associated with”

– pejoratives - “toxic chemical”, “hazardous”, “cancer-causing”

Communal Reinforcement

• Claim becomes a strong belief through repeated assertion by members of a community.

• Testimonials reinforced by other testimonials– more powerful than scientific studies– accurate gathering of data by disinterested

parties

Product Availability

• Few adulticides – niche market

• Precautionary principle

• Inerts disclosure

What Can We Do?

• Educate– Schools– legislators

• Get inside decision loop of activists

• Revise communication strategies

PesticideRegulating