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EPA, DuPont Reach Settlement Over Pesticide Violations

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Failure to register and label a pesticide with the U.S. Environmental Protection Agency (EPA) has netted a penalty of $1.85 million for DuPont, the EPA announced today.

DuPont did not submit reports about the potential adverse effects of an herbicide product called Imprelis, introduced in 2010, the EPA said in a statement. The agency alleges that from October 2010 through June 2011, DuPont distributed or sold Imprelis on 320 occasions with labeling that did not include adequate directions for use, warnings or caution statements to protect non-target plants.

The product was available in 4.5 fl. oz., 1 gallon and 2.5 gallon size containers, and was primarily sold to pest control professionals servicing the lawn, golf, turf and weed control sectors from New Jersey to Wisconsin, the EPA said. Customers who applied the product found that it led to damage and death of some types of coniferous trees, including Norway spruce and white pine.

In June 2011, the EPA started to get complaints from state pesticide agencies regarding evergreen damage related to use of Imprelis. According to the EPA, DuPont reported it received more than 7,000 claims of death or damage to trees. Cases of tree damage and death were widespread in the Midwest, especially Indiana, Illinois, Michigan, Minnesota, Ohio and Wisconsin. Indiana investigated more than 400 cases of tree damage related to Imprelis in 2011, the EPA said.

The agency added that media reports put claims as high as 30,000 by homeowners, landscapers, golf courses and entities with crop damage from the use of the herbicide.

DuPont stopped selling the product in August 2011 and in 2013, the Wilmington, Delaware-based company reached a settlement with representative plaintiffs in a class action lawsuit in federal court in Pennsylvania.

Reuters reported that under the settlement agreement, DuPont will pay property owners to remove and replace damaged trees and other losses. Businesses that applied the herbicide to the property of others will also be compensated for customer site visits and other expenses.

The settlement provides up to $7 million in attorney’s fees and also costs for plaintiffs’ lawyers, Reuters said.

According to the EPA:

Pesticide registrants such as DuPont who violate FIFRA are subject to maximum civil penalty of $7,500 for each offense per FIFRA section 14(a)(1), as amended. In determining an appropriate civil penalty amount, FIFRA section 14(a)(4) requires that EPA consider the appropriateness of such penalty to the size of the violator’s business, the effect of the penalty on the violator’s ability to continue in business, and the gravity of the violation.

 

Worst Insurance Scam Artists

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From robbing their own store, to faked deaths, to slip-and-fall claims, to more gruesome crimes, scammers have gone to great lengths to collect insurance.

In the U.S. this amounts to about $40 billion per year, according to the Federal Bureau of Investigation—at a cost of $400 to $700 per year, per family, in increased premiums.

According to the U.S. Department of Financial Services, there were 377 arrests made for fraud in 2011; 356 in 2012 and the number dropped to 215 arrests in 2013.

Check out some of the more devious and intricate schemes here:

Graphic by Eamonn Freeman http://www.easylifecover.ie/

Tool Calculates Natural Hazard Risk to Property

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Potential for hurricanes and storm surges, the possibilities of wildfires and sinkholes, and an extensive coastline make Florida rank as the state with the highest risk of property damage from natural hazards, according to a new analysis by CoreLogic. Second on the list is Rhode Island, with Michigan coming in with the lowest ranking for risk.

The analysis was derived from the Hazard Risk Score (HRS), a new analytics tool that gathers data on multiple natural hazard risks and combines the data into a single score ranging from 0 to 100. The score indicates risk exposure at the individual property and location level, CoreLogic said. In calculating an overall score, the probability of an event and the frequency of past events are significant contributing factors to determine risk levels associated with individual hazards, along with each hazard’s risk contribution to total loss.

“Florida’s high level of risk is driven by the potential for hurricane winds and storm surge damage along its extensive Atlantic and Gulf coastline, as well as the added potential for sinkholes, flooding and wildfires. Michigan alternatively ranks low for most natural hazard risks, other than flooding,” Howard Botts, Ph.D., vice president and chief scientist for CoreLogic Spatial Solutions, said in a statement.

HRS measures risk concentration and pinpoints the riskiest places in the country. “This insight is critical in conducting comparative risk management nationwide and fully understanding exposure to potential natural hazard damage,” Botts said.

The tool can be used to improve decision-making and enhance business operations, including:

• Business continuity and disaster recovery planning

• Analyzing risks associated with properties

• Measuring savings of mitigation compared to the potential damage of a hazard

• Evaluating natural hazard levels of distribution and supplier networks

• Recognizing if underinsured or uninsured properties could be at risk of default

• Adverse selection avoidance and identification of good risk properties.

 

 

 

Plastic Bags Voted Out in California

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For years, plastic bag manufacturers have prevented passage of laws banning their product in California, but they appear to have lost the battle. On Aug. 29, the California State Senate passed a ban on single-use plastic grocery bags—passed the day before by the State Assembly—making them the first state in the nation to do so. The bill awaits Gov. Jerry Brown’s signature.

Sponsored by Senators Alex Padilla (D-Pacoima), Kevin de Leon (D-Los Angeles) and Ricardo Lara (D-Huntington Park/Long Beach), the bill would phase out single-use plastic bags in California grocery stores, convenience stores, liquor stores and pharmacies.

“Single-use plastic bags are not just a coastal issue,” Sen. Alex Padilla said in a statement. “They are found in our mountains, our deserts, our rivers, streams and lakes.  They are also in our parks and neighborhoods.  It is a statewide problem that deserves a statewide solution.”

He explained that, “The so called, ‘progressive bag alliance’ is funded by the plastics industry. These out-of-state special interests are out of touch with California and our values.

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 Californians care about the environment. In cities and counties throughout the state, Californians are speaking out loud and clear in support of the bag ban.” Currently, 124 cities and counties in California have a local ordinance in place, covering 35% of the population.

More than 14 billion single-use plastic bags are given out by retailers annually and, according to the U.S. Environmental Protection Agency, 88% of these bags are not recycled. According to CalRecycle, in California, only 3% are recycled.

Massachusetts and Washington are also considering a ban on single-use bags. Seven states, including Hawaii, New York, Pennsylvania, Vermont and Virginia, are weighing state-imposed fees for plastic shopping bags, the Press Enterprise reported. Washington, D.C. has charged a fee of 5-cents per bag since 2010.

According to Sen. Padilla, SB 270 will:

•     Prohibit grocery stores and pharmacies from making single-use plastic bags available, beginning July 1, 2015. If paper bags are offered to customers, they would have to include recycled content.

•      Prohibit convenience stores and liquor stores from making single-use plastic bags available, beginning July 1, 2015.

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•      Grandfather in existing local ordinances.

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•      Provide up to $2 million in competitive loans to businesses transitioning to manufacture of reusable bags.

Under the new law, stores may sell paper, durable reusable bags, and compostable bags with a minimum charge of 10 cents each. The 10 cent charge is to encourage consumers to bring their own reusable bags. The bill also seeks to protect and create green jobs by creating standards and incentives for plastic bag manufacturers to transition to making reusable bags, according to Californians Against Waste (CAW).