The Ninth Circuit Court of Appeals Thursday rejected the EPA’s approval of the insecticide sulfoxaflor (Closer, DowAgroSciences).
The Court, which is headquartered in San Francisco, CA, concluded that EPA violated federal law when it approved sulfoxaflor, a neonicotinoid subclass, without reliable studies regarding the impact that the insecticide would have on honeybee colonies.
The Court, which has more than two-thirds of its judges appointed by Democratic presidents, vacated EPA’s approval, meaning that sulfoxaflor may not be used in the U.S. unless, and until, EPA obtains the necessary information regarding impacts to honeybees and re-approves the insecticide in accordance with law.
Dow AgroSciences issued the following statement regarding the decision:
“Dow AgroSciences respectfully disagrees with the Ninth Circuit’s conclusion that EPA’s registration of products containing sulfoxaflor should be vacated. Dow AgroSciences will work with EPA to implement the order and to promptly complete additional regulatory work to support the registration of these products. Dow AgroSciences is also considering its available options to challenge the Court’s decision.”
In addition, Dow AgroSciences advises that growers are still legally allowed to use sulfoxaflor. EPA has not reacted to this ruling and therefore it remains legal and lawful to continue use of sulfoxaflor.
The company is working with EPA to implement the order and promptly complete additional regulatory work to support the registration of the products.
The approval was challenged by Earthjustice, a non-profit public-interest law organization based in the U.S. focusing on environmental issues, which represented a coalition of commercial beekeeping trade groups, as well as individual commercial beekeepers. The coalition included Pollinator Stewardship Council, National Honeybee Advisory Board, American Honey Producers Association, American Beekeeping Federation, and beekeepers Jeff Anderson, Rick Smith, and Brett Adee.
Earthjustice Lead Counsel Greg Loarie issued the following statement regarding the decision:
“Our country is facing widespread bee colony collapse, and scientists are pointing to pesticides like sulfoxaflor as the cause. The Court’s decision to overturn approval of this bee-killing pesticide is incredible news for bees, beekeepers, and all of us who enjoy the healthy fruits, nuts, and vegetables that rely on bees for pollination.”