SAN FRANCISCO, CA — A federal court in San Francisco has ruled against the Environmental Protection Agency (EPA) and overturned the agency’s decision to give approval to a pesticide called sulfoxaflor, which is a new one in the family of neonicotinoids.

Many activists have long maintained the neonics are one of the main causes of the die-offs of honey bee colonies and other pollinators. Pesticide manufacturers and other proponents have maintained that the die-offs are triggered by multiple causes, and neonics are safe.

According to a summary of the decision prepared by the United States Court of Appeals for the Ninth Circuit, “because the EPA’s decision to unconditionally register sulfoxaflor was based on flawed and limited data, the EPA’s unconditional approval was not supported by substantial evidence. The panel vacated the EPA’s unconditional registration because, given the precariousness of bee populations, leaving the EPA’s registration of sulfoxaflor in place risked more potential environmental harm than vacating it.”

The court wrote, “The Federal Insecticide, Fungicide, and Rodenticide Act prohibits the use or sale of pesticides that lack approval and registration by the EPA. Petitioners are commercial beekeepers and beekeeping organizations, and they challenge the EPA’s approval of insecticides containing sulfoxaflor, which initial studies showed were highly toxic to bees.”

Judge Mary Schroeder suggested in the summary that in approving sulfoxaflor, EPA was responding to pressure rather than evidence or data. The summary said, “I am inclined to believe the EPA instead decided to register sulfoxaflor unconditionally in response to public pressure for the product and attempted to support its decision retroactively with studies it had previously found inadequate. Such action seems capricious.”

The suit was brought by a number of groups associated with beekeeping, and was argued by Greg Loarie, an attorney with the advocacy group Earthjustice. Loarie said in a statement, “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.”

Michele Colopy, Program Director of Pollinator Stewardship Council, Inc., one of the groups that brought the suit, said her organization is pleased that the court agreed with their view that there was not enough data to allow EPA approval of the pesticide. She also said, “We can protect crops from pests and protect honey bees and native pollinators. To do this, EPA’s pesticide application and review process must receive substantial scientific evidence as to the benefits of a pesticide, as well as the protection of the environment, especially the protection of pollinators.”

Dow AgroScienses, the company that requested the approval for sulfoxaflor, said they respectfully disagree with the court’s conclusion, adding, “Dow AgroSciences will work with EPA to implement the order and to promptly complete additional regulatory work to support the registration of the products. Dow AgroSciences is also considering its available options to challenge the Court’s decision.”