Environmentalists warned the Ninth Circuit on Friday against simply remanding approvals for a pesticide they say threatens endangered bee species to the U.S. Environmental Protection Agency without vacating them outright, saying the EPA's request for remand is a "veiled attempt" to avoid judicial review.
Citrus greening disease hasn't officially hit the state yet, but farmers may be required to cut back on the use of neonicotinoids, the main tool used to control the pest that carries it, because of its impact on pollinators.
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In a brief filed Monday, Corteva Agriscience argued that the registration of sulfoxaflor is supported by significant evidence and that it is beneficial to the environment because it replaces older pesticides which are worse for the environment and cause lasting harm. They asked the Ninth Circuit not to vacate the registration, claiming that vacatur would harm the environment and cause economic damage to farmers.
Corteva intervened in support of the U.S. Environmental Protection Agency (EPA) in a lawsuit filed by environmental and beekeeping groups contesting the EPA’s decision to register sulfoxaflor. The plaintiffs in their opening brief in February claimed that sulfoxaflor kills bees, causing repercussions because of the lack of pollination. They alleged that the EPA did not consider the effects on endangered bumblebees before registering the product.
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