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It is no secret that exposure to pesticides can have a negative effect on one’s health. Nevertheless, many of these chemicals are being applied near residential areas, schools, and workplaces in the United States, exposing people to harmful substances through the air they breathe, the water they drink, and the food they consume. Over time, such exposure can lead to severe health issues, including neurological problems in children, respiratory conditions like asthma, and even cancer. Alarmingly, some of the pesticides that are used extensively in the United States were historically used in chemical warfare, and are banned for use in many countries due to their carcinogenic effects.
The cumulative effect of multiple pesticides, “a cocktail of chemicals,” exacerbates the danger, as these substances can become significantly more hazardous when combined, posing a unique threat that chemical regulations currently fail to address. Identifying and mitigating these environmental violations is crucial to safeguarding public health and preventing long-term illnesses.
Challenges in detecting pesticide regulation breaches
Identifying environmental violations, especially regarding pesticide use, presents significant challenges due to the sheer volume of data and the complexity involved in connecting disparate pieces of information. In order to identify these violations, attorneys need to sift through mountains of data, from various sources, including agricultural reports, environmental monitoring, health records, and more. A significant portion of this data involves scientific language and content. This data is not only vast but also varied in format and scope, making it difficult to piece together a coherent narrative that conclusively demonstrates violations.
One of the primary hurdles is establishing a strong causation argument. To prove that a particular pesticide is causing harm to the environment or human health, it's not enough to show correlation; there must be clear evidence of causation. This involves rigorous scientific analysis and often requires longitudinal studies that track the effects over time. The difficulty lies in isolating the specific impact of a single pesticide amidst numerous other environmental and health factors.
There are challenges, but it's not impossible
Despite these challenges, identifying such violations is not impossible. When successful, these cases can lead to significant legal and public repercussions. A prime example is the case of RoundUp, a widely used herbicide that became the subject of mass tort litigation. Once the evidence of its harmful effects was firmly established, it triggered a wave of lawsuits and regulatory scrutiny. What started as isolated claims evolved into a major public health concern, drawing widespread attention and leading to substantial legal settlements.
The RoundUp mass tort illustrates how, despite the initial difficulties in identifying and proving violations, once a strong case is built, it can lead to widespread recognition and action.
The role of technology in identifying pesticide violations
At Darrow, we have been focused on finding an effective solution to the challenges in identifying environmental violations due to pesticide use. By leveraging publicly available data, we have been able to pioneer methods that bridge the gap between high pesticide use and increased illness rates, specifically focusing on cancer clusters.
One of the cornerstones of our approach is the use of comprehensive mapping techniques. We download extensive, publicly available datasets, such as those that track the instances of pesticide application across specific states and the quantities of these applications, over the course of many years.
To enhance our analysis, we overlay this data with data on cancer clusters—geographical areas with cancer rates exceeding the state average. This data, also publicly accessible, helps us pinpoint areas where there might be a significant correlation between pesticide exposure and cancer incidence. Once an initial indication is found we further overlap it with more local data points to strengthen the case.
Our primary focus is on cumulative exposure, a critical but often overlooked factor. Typically, farms do not rely on a single pesticide but rather a combination of various chemicals over time. By examining the cumulative impact of these chemicals, we can identify patterns that might be invisible when looking at individual substances in isolation.
This method also allows us to identify groups of people affected by these cumulative exposures, strengthening the causation argument, and establishing a direct link between the use of pesticides and health outcomes. By identifying groups of people affected by these cumulative exposures, we are able to present a much stronger case that demonstrates the tangible impacts of pesticide use on human health.
Want to find your next big pesticide case? Contact us.
Empowering legal professionals and communities to combat environmental injustice
Darrow's work is not just about identifying violations but also about empowering legal professionals and affected communities with the evidence needed to drive meaningful change. By harnessing the power of data and advanced mapping techniques, we are making strides in the fight against environmental injustice, ensuring that those harmed by negligent pesticide practices have a voice and a path to justice.
Want to find your next big pesticide case? Contact us.
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