FOR IMMEDIATE RELEASE ENR FRIDAY, DECEMBER 15, 1995 (202) 616-2771 TDD (202) 514-1888 JUSTICE AND EPA SETTLE MIGRANT FARM WORKERS CASE FARM WORKERS CAN COMMENT BEFORE PESTICIDE USE EXTENDED WASHINGTON, D.C. -- In a settlement that furthers the Clinton Administration's environmental justice policy, the Justice Department and the Environmental Protection Agency announced that they have resolved a lawsuit brought by the United Farm Workers of America. Under the terms of a settlement agreement filed today in federal court in Washington, D.C., the Agency has agreed to go beyond the plain terms of federal pesticide law to provide public comment before it extends the time period during which "existing stocks" of certain cancelled pesticides can be used. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a manufacturer's registration of a pesticide can be cancelled if the pesticide poses an unreasonable health or environmental threat. But in some cases, upon the request of a manufacturer, the Agency can permit the sale and use of existing stocks of cancelled pesticides. Migrant farm workers who were exposed to the pesticide, mevinphos, which was later cancelled, sued the Government when they learned that EPA had subsequently extended the period during which the manufacturer could continue to sell "existing stocks" of that cancelled pesticide. Despite its effectiveness as a pesticide, mevinphos is an acutely toxic pesticide responsible for poisoning hundreds of farm workers in California, Florida, Texas, Arizona, and Washington, over the past twenty years. EPA and the Department of Justice worked with the farm workers to reach a settlement to ensure public involvement, including that of the farm workers, in these type of decisions. Under today's settlement, EPA will give public notice and an opportunity to comment before it modifies the time period during which existing stocks of certain cancelled pesticides can be used. (MORE) "Today's settlement is part of EPA's ongoing efforts to increase public involvement in the pesticide regulatory process," stated Lynn Goldman, EPA's Assistant Administrator for Prevention, Pesticides, and Toxic Substances. "This settlement is yet another example of the federal government's commitment to environmental justice, and EPA is to be commended for putting into practice the President's Order on Environmental Justice," said Lois Schiffer, the Assistant Attorney General of the Environment and Natural Resources Division. EPA is expected to publish its policy early in Spring 1996. ### 95-634