SB 1245: Immunity for pesticide manufacturers — 2024
ICL's position: Oppose
Current Bill Status: Failed on Senate Floor
Issue Areas: Agriculture, Clean Water, Fish and Wildlife, Pesticides
Senate Bill 1245 was introduced by Sen. Mark Harris (R-Soda Springs) in the Senate Commerce & Human Resources Committee and is co-sponsored by 14 other legislators from both the House and Senate. The bill would provide sweeping immunity to pesticide manufacturers, so long as the Environmental Protection Agency (EPA) has approved their product for use. The bill is also cosponsored by Bayer, the German pharmaceutical company with large phosphate mines in Southeast Idaho, and is similar to bills being advanced in Iowa, Missouri, and Florida.
In recent years, a number of studies have shown links between exposure to certain commonly used pesticides and health ailments including cancer, Parkinson’s disease, harms to brain development, and other negative effects.
Many other countries ban the use of certain pesticides that are approved for use in the United States, and the EPA has been criticized for their unwillingness to ban pesticides, even after scientists have provided credible evidence linking pesticides to serious health concerns.
Settlements and guilty verdicts against Bayer alone have exceeded $15+ billion and other individual and class action lawsuits are currently pending against other large multinational pesticide manufacturers. The bill would eliminate the ability for Idaho farmers, farmworkers, landscapers, neighbors, or others to participate in these suits. Instead, Idaho taxpayers, insurance companies, and individuals would be responsible for covering the costs associated with these damages.
Local research in Idaho has shown elevated levels of pesticides in pregnant women who live close to agricultural fields. Another Idaho study found elevated cancer occurrence correlated to pesticide exposure. As a result, the potential threats to rural Idahoans and farmworkers appears highest. However, pesticides can also contaminate groundwater, but it’s hard to track because the Idaho State Department of Agriculture stopped issuing their monitoring report back in 2020.
Finally, proving health effects and damages in court is already a high bar, and requires substantial evidence to prove a link between pesticide exposure and human health.
The Idaho Legislature should not be limiting the ability of Idahoans to access the courts and should protect Idaho’s public health by rejecting Senate Bill 1245.
[UPDATE 2-15-24: The Idaho Senate rejected SB 1245 on a 19-15 vote on Thursday, Feb. 15]
[UPDATE 2-26-24: The Idaho House introduced a new version of the Pesticide Immunity Bill, HB 653.]
[UPDATE 3-19-24: The Idaho Senate introduced a new version of the Pesticide Immunity Bill, SB 1432.]
[UPDATE 3-19-24: The Idaho House and Senate adjourned without considering HB 653 or SB 1432, meaning that the issue is dead for the year.]