"Arysta's Reponse to Lawsuit: Methyl Iodide a Success" by News Blog

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Arysta's Reponse to Lawsuit: Methyl Iodide a Success

November 23, 2011

In a brief filed today Alameda County Superior Court, Arysta dismisses the gist of a lawsuit filed by EarthJustice and California Rural Legal Assistance as "meritless arguments."

"Petitioners’ challenge, though artfully framed as a violation of the law...is an invitation for the Court inappropriately to second-guess DPR’s scientific findings and expert judgment," according to the brief, filed by attorneys at San Francisco-based McKenna Long & Aldrige.

Arysta's attorneys do not deny that agricultural economics factored into the decision to register methyl iodide for use in California, in fact arguing that such a consideration is part of its regulatory mandate, "to balance risks and benefits."

According to the brief, when DPR in 2009 reported to the California Department of Food and Agriculture that it was considering not registering methyl iodide, CDFA commissioned a report from UC Davis, which said the phase-out of methyl bromide would cost more than $1.5 billion and 24,000 jobs if no substitute fumigant were approved.

Arysta cites its Ozone Layer Protection Award, granted by the U.S. Environmental Protection Agency, as evidence that methyl iodide is a success in its designated purpose, namely as a "drop-in" for methyl bromide, which is being phased out based on international treaty to prevent ozone depletion. (In simple terms, scientists who oppose methyl iodide say it's the same set of properties that keep methyl iodide out of the atmosphere—namely that it doesn't volatilize as easily as methyl bromide—keeps it in the environment, making it more toxic to people.)

In the brief, Arysta describes itself as "a progressive research and technology organization, devoted to developing and producing safe and effective crop protection products."

A brief is also due today from the state Department of Pesticide Regulation; copies were not immediately available from the Attorney General's office, which is representing DPR.

Sarah: In simple terms, the property that keeps methyl iodide from reaching the stratosphere where it could be an ozone problem is the fact that it is destroyed by ultra violet light in hours on a sunny day. It has nothing to do with its volatility. Your reliance on PANNA is showing.

It should be noted that James Sims is the patent holder on methyl iodide, which he developed as a professor at UC Riverside. He licenses said patent to Arysta LifeScience, the North Carolina-based manufacturer of the fumigant it calls MIDAS.

To our knowledge, Professor Sims has declined to answer questions regarding how much money he earns in licensing this patent.

Mary Duan, editor, Monterey County Weekly

Professor Sims:

I still recall the old photo of then-Governor Pete Wilson on the back page of the front section of the Monterey County Herald, seated at his desk with a group of smiling men standing around him, as he signed the first methyl bromide extension. We've been waiting over 20 years to get rid of methyl bromide. Unfortunately, methyl iodide was not what we were waiting for!

Taste some strawberries from Swanton Berry Farm, which has been growing organically on the Central Coast for nearly 30 years. Or try other local organically grown strawberries--the varieties of yummy organic berries and the number of organic growers today are astounding!

Research efforts would be better spent learning to duplicate their success on an agribiz scale. You would be celebrated for years to come as a man who reconsidered a vital issue and changed its course.

Ms. Duan:

The holder of the patent on the use of methyl iodide as a soil fumigant is the University of California. I am one of three authors of the patent. As authors we share in royalties with the University. I do refuse to answer how much I have received from these royalties. It has nothing to do with my support of methyl iodide which was my idea.

Do you and or MS. Rubin belong to or contribute to The Pesticide Action Network which actively opposes the use of any chemicals?