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insecticides
'Landmark Victory': New York Passes Nation's First Legislation Restricting Bee-Killing Pesticides
The Birds and Bees Protection Act would eliminate 80 to 90% of the neonics used in New York each year by banning applications that are either easily replaceable or do not give an economic boost to farmers.
Jun 10, 2023
New York state on Friday became the first state in the nation to pass legislation restricting neonicotinoid pesticides (neonics) that are toxic to bees and other pollinators and wildlife.
The Birds and Bees Protection Act would eliminate 80 to 90% of the neonics used in New York each year by banning applications that are either easily replaceable or do not give an economic boost to farmers.
"Every year for the past decade, New York beekeepers have lost more than 40% of their bee colonies—largely due to neonic pesticides," bill sponsor State Senator Brad Hoylman-Sigal said in a statement. "Today, in this landmark victory for our pollinators, economy, and farming industry, New York is working to reverse that trend."
\u201cHUGE thank you to @bradhoylman and @SenatorHarckham in getting The Birds and Bees Protection Act through the Senate. What a victory for pollinators, clean water, and healthy communities \ud83d\udc1d\ud83d\udc1b\ud83c\udf0e\ud83c\udf33\ud83e\udd86\u201d— SC Atlantic Chapter (@SC Atlantic Chapter) 1686179366
The bill passed the New York State Senate on Wednesday and the New York State Assembly on Friday and now goes to Gov. Kathy Hochul for signature. It bans the use of neonics to coat corn, soybean, and wheat seeds as well as for lawns and gardens.
"Pollinators are vital members of healthy ecosystems and our food supply chain," New York Assemblymember Deborah J. Glick said in a statement. "Protecting them by limiting toxins that pose adverse effects and health risks is an important step forward in our work to stop poisoning the environment and create a healthier New York."
\u201c@DeborahJGlick you've been a tireless leader on A7640. THANK YOU for your dedication to getting the Birds and Bees Protection Act passed this year.\u201d— SC Atlantic Chapter (@SC Atlantic Chapter) 1686360116
Neonics are a class of pesticides that work by attacking the nervous systems of insect pests, as the Natural Resources Defense Council (NRDC) explains. A lethal dose will cause paralysis and death, while non-lethal effects include memory, immune, navigation, and fertility problems.
They are one of the deadliest pesticides out there, yet they are also the leading insecticide used in the U.S. This is a problem because about 95% of neonics used to coat seeds don't enter the plant at all, but instead spread into the environment via the soil, where they do not break down easily.
The concern is that neonics don't just harm target species but also beneficial insects like bees and butterflies.
"It's critical that we passed this bill to protect the health of humans and other living beings on our planet."
"They also harm the development of birds and mammals; and studies have linked ingredients of neoicotinoid insecticides with adverse human health outcomes as well," New York state Sen. Pete Harckham, another bill supporter, said in a statement. "It's critical that we passed this bill to protect the health of humans and other living beings on our planet."
The legislation was based in part on a Cornell University study that found that most neonic use in New York did not actually provide an economic benefit or could easily be swapped out for a safer alternative. It also comes about a month after an Environmental Protection Agency (EPA) assessment found that three common neonic chemicals threaten 11% of the species on the U.S. endangered species list.
"The Birds and the Bees Protection Act is the first-in-the-nation to limit neonic coated seeds, which contaminate our soil, our waterways, and our bodies," Dan Raichel, the acting director of NRDC's Pollinator Initiative, said in a statement. "We've long known neonics kill bees, but we now see links between neonics and mass losses of birds, the collapse of fisheries, developmental risks in people, and vast water contamination in New York."
The U.S. has long lagged behind similar countries in regulating neonics. The EU has banned their outdoor use, and Canada has largely stopped using them to coat seeds.
The new legislation was passed a little more than a week after the Center for Food Safety and the Pesticide Action Network North America (PANNA) sued the EPA over its failure to regulate the toxic chemicals.
"For too long, EPA has allowed pesticide-coated seeds to jeopardize threatened and endangered species across the country."
"For too long, EPA has allowed pesticide-coated seeds to jeopardize threatened and endangered species across the country," PANNA senior scientist and plaintiff Margaret Reeves said in a statement at the time. "EPA must close the regulatory loophole for toxic pesticide-coated seeds to prevent further harm to wildlife, ecosystems, and people."
While environmental groups continue to push for national regulations, they celebrated change in New York.
"Today is a great day for pollinators, clean water, and healthier communities," Caitlin Ferrante, the conservation program manager of the Sierra Club Atlantic Chapter, said in a statement.
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EPA Report on Neonics Proves US Has 'Five-Alarm Fire' on Its Hands, Green Groups Say
"There's now no question that neonicotinoids play an outsized role in our heartbreaking extinction crisis," said one advocate. The EPA must "ban these pesticides so future generations don't live in a world without bees and butterflies and the plants that depend on them."
May 05, 2023
A newly published assessment from the U.S. Environmental Protection Agency warns that three of the most commonly used neonicotinoid insecticides threaten the continued existence of more than 200 endangered plant and animal species.
"The EPA's analysis shows we've got a five-alarm fire on our hands, and there's now no question that neonicotinoids play an outsized role in our heartbreaking extinction crisis," Lori Ann Burd, environmental health director at the Center for Biological Diversity (CBD), said Friday in a statement.
"The EPA has to use the authority it has to take fast action to ban these pesticides," said Burd, "so future generations don't live in a world without bees and butterflies and the plants that depend on them."
The agency's new analysis found that clothianidin, imidacloprid, and thiamethoxam likely jeopardize the continued existence of 166, 199, and 204 plants and animals protected under the Endangered Species Act (ESA), respectively. This includes 25 distinct insects, more than 160 plants reliant on insect pollination, and dozens of fish, birds, and invertebrates.
"The Biden administration will have the stain of extinction on its hands if it doesn't muster the courage to stand up to Big Ag and ban these chemicals."
Species being put at risk of extinction include the whooping crane, Indiana bat, Plymouth redbelly turtle, yellow larkspur, Attwater's greater prairie-chicken, rusty patched bumblebee, Karner blue butterfly, American burying beetle, Western prairie fringed orchid, vernal pool fairy shrimp, and the spring pygmy sunfish.
"The EPA confirmed what we have been warning about for years—these neonicotinoid insecticides pose an existential threat to many endangered species and seriously undermine biodiversity," Sylvia Wu, senior attorney at the Center for Food Safety (CFS), said in a statement. "Unfortunately, this dire news is what we have told EPA all along. EPA should be ashamed that it still has yet to ban these life-threatening pesticides."
The EPA is well aware of the risks associated with the three neonicotinoids in question. One year ago, the agency released biological evaluations showing that the vast majority of endangered species are likely harmed by clothianidin (1,225 species, or 67% of the ESA list), imidacloprid (1,445, 79%), and thiamethoxam (1,396, 77%). Its new analysis focuses on which imperiled species and critical habitats are likely to be driven extinct by the trio of insecticides.
As CBD pointed out: "For decades the EPA has refused to comply with its Endangered Species Act obligations to assess pesticides' harms to protected species. The agency was finally forced to do the biological evaluations by legal agreements with the Center for Food Safety and the Natural Resources Defense Council. After losing many lawsuits on this matter, the EPA has committed to work toward complying with the act."
"Given the Fish and Wildlife Service's refusal to lift a finger to protect endangered species from pesticides, we commend the EPA for completing this analysis and revealing the disturbing reality of the massive threat these pesticides pose," said Burd. "The Biden administration will have the stain of extinction on its hands if it doesn't muster the courage to stand up to Big Ag and ban these chemicals."
CFS science director Bill Freese said that "while we welcome EPA's overdue action on this issue, we are closely examining the agency's analysis to determine whether still more species are jeopardized by these incredibly potent and ubiquitous insecticides."
As CFS explained:
Chemically similar to nicotine, neonicotinoids kill insects by disrupting their nervous systems. Just billionths of a gram can kill or impair honeybees. Introduced in the 1990s, neonicotinoids have rapidly become the most widely used insecticides in the world. Neonics can be sprayed or applied to soil, but by far the biggest use is application to seeds. The neonic seed coating is absorbed by the growing seedling and makes the entire plant toxic. CFS has a separate case challenging EPA's regulation of these seed coatings.
Bees and other pollinators are harmed by exposure to neonic-contaminated nectar and pollen, with studies demonstrating disruptions in flight ability, impaired growth and reproduction as well as weakened immunity. Neonic-contaminated seed dust generated during planting operations causes huge bee kills, while pollinators also die from direct exposure to spray.
Neonics are also persistent (break down slowly), and run off into waterways, threatening aquatic organisms. EPA has determined that neonics likely harm all 38 threatened and endangered amphibian species in the U.S., among hundreds of other organisms. Birds are also at risk, and can die from eating just one to several treated seeds.
Neonicotinoids have long been prohibited in the European Union, but as recently as a few months ago, a loophole enabled governments to grant emergency derogations temporarily permitting the use of seeds coated with these and other banned insecticides. In January, the E.U.'s highest court closed the loophole for neonicotinoid-treated seeds—a decision the post-Brexit United Kingdom refused to emulate.
In the U.S., neonicotinoids continue to be used on hundreds of millions of acres of agricultural land, contributing to an estimated 89% decline in the American bumblebee population over the past 20 years.
According to Freese, "EPA has thus far given a free pass to neonicotinoids coated on corn and other crop seeds—which represent by far their largest use—that make seedlings toxic to pollinators and other beneficial insects."
"Our expert wildlife agencies—the U.S. Fish and Wildlife Service and the National Marine Fisheries Service—have the final say on this matter," Freese added, "and may well find that neonicotinoids put even more species at risk of extinction."
A 2019 scientific review of the catastrophic global decline of insects made clear that a "serious reduction in pesticide usage" is essential to prevent the extinction of up to 41% of the world's insects in the coming decades.
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'Huge Win': Court Finds EPA Approval of Bee-Killing Sulfoxaflor Unlawful
"It's long past time for the EPA to take meaningful action to protect our most imperiled wildlife and put protections in place for endangered species before approving use of toxic pesticides on millions of acres of crops," said one advocate.
Dec 21, 2022
In a major victory for pollinators and other wildlife, the U.S. Court of Appeals for the 9th Circuit on Wednesday ruled that the U.S. Environmental Protection Agency's registration of the bee-killing insecticide sulfoxaflor is unlawful.
In response to a legal challenge brought by the Center for Food Safety and the Center for Biological Diversity, the court argued that the EPA's 2019 decision authorizing the expanded use of sulfoxaflor across more than 200 million acres of pollinator-attractive crops violated the Endangered Species Act (ESA). The court gave the agency 180 days to collect public comment and issue a new decision on the insecticide, which is produced by Corteva, formerly Dow AgroSciences.
"Studies show that the widespread adoption of systemic insecticides has made our landscapes 48 times more deadly for pollinators like honeybees."
"When an agency deliberately ignores Congress' legislative command, it undermines the will of the people and ultimately our constitutional structure of government," the court wrote in a strongly worded decision.
By routinely failing to protect endangered species when registering pesticides--thereby forcing the public to sue to obtain protections that should be automatic--EPA is "engaging in a whack-a-mole strategy for complying with the ESA," the court stated.
Sylvia Wu, a senior attorney at the Center for Food Safety and counsel in the case, said that "for far too long, EPA has bent to the pesticide industry's desire to get their toxic chemicals to market as quickly as possible."
"Today the court told EPA, 'No more: Congress tasked the agency with protecting endangered species and the environment at-large, not just the interests of the pesticide companies,'" Wu added.
EPA originally approved sulfoxaflor in 2013, but thanks to an Earthjustice lawsuit filed on behalf of the Pollinator Stewardship Council and the American Beekeeper Federation, the 9th Circuit vacated that decision. The court ruled at the time that EPA failed to comply with the Federal Insecticide, Fungicide, and Rodenticide Act, which requires all pesticide applications to prove they will not cause "unreasonable adverse effects on the environment."
"In 2016, EPA re-approved sulfoxaflor subject to significant restrictions to reduce the risk to honeybees and other pollinators," Earthjustice explained. "But in 2019, and without any public notice, EPA removed these restrictions and approved new uses for the bee-killing insecticide." In response, Earthjustice once again sued the agency, this time on behalf of the Pollinator Stewardship Council, the American Beekeeping Federation, and commercial beekeeper Jeffrey Anderson.
According to the Center for Food Safety and the Center for Biological Diversity, EPA's 2019 decision "to expand use of sulfoxaflor on a wide range of crops that attract bees, including soybeans, cotton, strawberries, squash, and citrus... came despite the fact that its own scientists found the insecticide could threaten honeybee colonies and other pollinators," including the imperiled monarch butterfly.
The groups continued:
The EPA also weakened the few spraying restrictions it previously had in place to protect native pollinators and other wildlife, eliminating all requirements for buffers even during aerial spraying.
The EPA admitted to the court that it had not considered any of sulfoxaflor's effects on species protected by the Endangered Species Act. The agency belatedly issued a draft endangered species assessment earlier this summer. In the draft assessment, the EPA found sulfoxaflor is potentially putting 24 species of insects in jeopardy of extinction, including the Karner blue butterfly and American burying beetle.
Stephanie Parent, a senior attorney at the Center for Biological Diversity and co-counsel on the case, called Wednesday's ruling "a huge win for monarch butterflies, rusty patched bumblebees, and all the other struggling populations of insects and birds constantly under threat from harmful insecticides."
"It's long past time for the EPA to take meaningful action to protect our most imperiled wildlife and put protections in place for endangered species before approving use of toxic pesticides on millions of acres of crops," said Parent.
Earthjustice attorney Greg Loarie noted that "scientists have long said systemic insecticides like sulfoxaflor are behind the unprecedented colony collapse of the last few years."
"It makes no sense to allow a bee-killing insecticide on a bee-attractive crop, when we know we need bees for agriculture," said Loarie. "EPA must protect pollinators from sulfoxaflor, and all other systemic insecticides that end up in pollen and nectar."
Citing data from the U.S. Department of Agriculture, Earthjustice pointed out that "pollinators' ecological service in the country is valued at $200 billion a year."
"More than 80% of plants worldwide need pollinators to survive," the group continued. "From April 2020 to April 2021, U.S. beekeepers lost 45.5% of their colonies. This is the second-highest loss on record."
According to Steve Ellis, president of the Pollinator Stewardship Council, "Studies show that the widespread adoption of systemic insecticides has made our landscapes 48 times more deadly for pollinators like honeybees."
"Pollinators are critical for the country's food supply," said Ellis. "EPA must immediately stop pesticides like sulfoxaflor that kill pollinators."
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