Writ of Man-Dangerous: Herbicide 2,4-D and the EPA’s Failure to Act

Abstract

Background: Herbicide 2,4-dichlorophenoxyacetic acid (2,4-D) is one of the most pervasive pesticides in the consumer market. Used in the United States since the 1940s, it is the most common active ingredient in commercial weed killer. Some studies have linked exposure to 2,4-D with cancer, birth defects, irregular endocrine function, decreased immune function, and abnormal reproductive capacities. A 2005 study by the Environmental Protection Agency (EPA) found that 25 percent of 2,4-D samples were contaminated with dioxins, which are carcinogenic, mutagenic, and cause reproductive problems even at minute doses. However, the EPA has discredited some of these studies, stating that they lack a measure of “2,4-D exposure that would allow for an establishment of 2,4-D as the source of any observable effects.” Because of the alleged adverse health risks that 2,4-D poses, the Natural Resources Defense Council (NRDC) filed a petition in November 2008 with the EPA requesting: (1) that the EPA revoke the tolerance limits set for exposure to Herbicide 2,4-D residues; and (2) that the EPA cancel all registrations to sell or distribute products containing 2,4-D. The petition specifically addressed the concerns that: (1) exposure to 2,4-D is disruptive to the endocrine system; and (2) the Personal Protection Equipment (PPE) the EPA mandates for workers who handle 2,4-D offers inadequate defense from these risks.