Court Upholds Pesticide Ban-We win one for a change

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Mar 13, 2010, Pittsburgh Tribune-Review

Judges uphold ban on Bayer pesticide

A federal appeals court refused to delay a ban on the sale of a pesticide

that some environmental groups claim is killing honeybees.

The decision prevents Bayer CropScience, from selling its pesticide,

Spirotetramat, while the company appeals a lower court ruling that halted sales.

 

" Bayer has demonstrated neither that it will suffer irreparable injury

absent a stay, nor that it has a substantial possibility of success on the

merits of its appeal, " U.S. District Judge Kimba Wood and U.S. Circuit Judge

Joseph McLaughlin said in the ruling this week.

The U.S. Environmental Protection Agency is considering what to do with

existing stock of Spirotetramat, known by the trade names Movento and Ultor,

said spokesman Dale Kemery.

Sales of the pesticide remain legal in Europe, Canada and Mexico,

according to Bayer CropScience, which is based in North Carolina. Bayer's North

American headquarters is in Robinson.

The decision was handed down three years after scientists identified

Colony Collapse Disorder, a mysterious breakdown of bee immune systems that each

winter roughly halved the number of bee colonies the nation's large,

commercial beekeepers own. The cause of the breakdown largely has eluded

researchers.

In December, Manhattan U.S. District Court Judge Denise Cote banned the

sale of Spirotetramat on grounds the EPA skipped steps required in any

pesticide approval process, including not taking public comment. Cote's decision

did not explicitly address the impact the pesticide might have on honeybees.

 

" Bayer has been touting this as a greener pesticide. It is designed to

stop insect reproduction, and it seems to do the same thing to bees, " said

Aaron Colangelo, an attorney for the New York-based Natural Resources Defense

Council, which, along with the Portland, Ore.-based wildlife conservation

group Xerces Society, sued the EPA.

Jack Boyne, an entomologist for Bayer CropScience, said the company is

confident the EPA will reapprove Spirotetramat's registration.

" It is unprecedented for a lower court to vacate an approval. We believe

the decision was not correct. We have been injured improperly and believe

that science is on our side, " he said. " As the manufacturer, we are not

allowed to sell our inventory of product to our distributors. "

The EPA approved Spirotetramat in 2008 for use on hundreds of crops,

including apples, pears, peaches, oranges, tomatoes, grapes, strawberries,

almonds and spinach. Bayer CropScience developed the pesticide after scientists

identified Colony Collapse Disorder in late 2006.

" This is one of the safest insecticides for bees, " Boyne said.

According to the Department of Agriculture, bees pollinate $15 billion

worth of crops in the United States.

An estimated 29 percent of all U.S. honeybee colonies died last winter,

about 11 percentage points higher than what beekeepers consider normal, but

lower than losses during the previous two winters.

Colony Collapse Disorder is linked to viruses, mites, poor bee treatment

and poor nutrition, said Dennis van Engelsdorp, a honeybee expert and

researcher at the Pennsylvania Department of Agriculture. Yet the cause of the

die-off remains elusive.

" Will we ever have one cause for cancer? That's what this is like, " van

Engelsdorp said.

Dave Hackenberg of Lewisburg in Union County is Pennsylvania's largest

commercial beekeeper. Because of his concerns about the effect of pesticides

on his bees, for the first time in 42 years, Hackenberg will not take his

bees to Florida to pollinate oranges.

" I am not going to put my bees in orange groves. The chemicals they are

using are doing something that is breaking down bees' immune systems, " he

said.

see also Bee devastation: Campaign for total ban of neonicotinoid

pesticides: _www.cbgnetwork.org/3035.html_ (http://www.cbgnetwork.org/3035.html)

Coalition against BAYER Dangers (Germany)

_www.CBGnetwork.org_ (http://www.cbgnetwork.de/4.html) (in English)

CBGnetwork

Fax: (+49) 211-333 940 Tel: (+49) 211-333 911

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Advisory Board

Prof. Juergen Junginger, designer, Krefeld,

Prof. Dr. Juergen Rochlitz, chemist, former member of the Bundestag,

Burgwald

Wolfram Esche, attorney, Cologne

Dr. Sigrid Müller, pharmacologist, Bremen

Prof. Rainer Roth, social scientist, Frankfurt

Eva Bulling-Schroeter, member of the Bundestag, Berlin

Prof. Dr. Anton Schneider, biologist, Neubeuern

Dr. Janis Schmelzer, historian, Berlin

Dr. Erika Abczynski, pediatrician, Dormagen