EPA’s Denial of Environmental Group’s Petition to Regulate Pesticide-Coated Seeds Backed by Federal Judge

Officials of the Agriculture Department on a tractor spraying pesticides to kill locusts as a farmer works in a field in Pipli Pahar village in Pakistan's central Punjab province on Feb. 23, 2020. Arif Ali/AFP via Getty Images

A federal judge ruled on Thursday in favor of an Environmental Protection Agency (EPA) regulation interpretation that supports the agency’s denial of a petition to register pesticide-coated seeds.

In a 34-page ruling, District Judge Susa Illston said the EPA’s analysis of its “Treated Articles Exemption”  is “reasonable and owed deference.”

“The EPA’s petition denial did not fail to consider relevant evidence,” Illston said. “Lastly, to the extent that the EPA lacks certain data, plaintiffs must challenge these gaps in an alternate proceeding.”

In 2023, two nonprofits, the Center for Food Safety (CFS) and the Pesticide Action Network North America sued the EPA for what the plaintiffs described as the defendant’s failure “to close a regulatory loophole allowing insecticide-coated seeds to avoid regulation.”

“Today’s filing follows years of inaction by EPA, allowing pesticide-coated seeds to proliferate across 150 million acres of US cropland and cause widespread harm to bees, birds, and other essential pollinators, beneficial insects, and endangered species,” the plaintiffs said in a 2023 statement on the lawsuit.

Under federal law, any neonicotinoid pesticide must be registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIRFA).

Seeds coated with these neonicotinoid pesticides are exempt from EPA regulation, which prompted the plaintiffs to argue that the treated seeds should “be subject to FIRFA registration.”

The plaintiffs argued that more than 80 percent of the coating spreads from the seed into the air, soil, and water, polluting the surrounding environment with its toxins.

“Neonicotinoids are taken up into the plant’s circulatory system as the plant grows, permeating leaf, pollen, nectar, and other plant tissues,” the plaintiffs said. “Neonicotinoids also cause paralysis and death to beneficial pollinators, such as bees and butterflies.”

The plaintiffs presented their petition to the EPA in 2017. According to the CFS, the EPA “ignored the petition for years,” which prompted the plaintiffs to sue the federal agency to “compel an answer through settlement.”

The plaintiffs claimed that the EPA’s denial was “arbitrary and capricious” and that the agency exceeded “its statutory authority” in exempting the pesticide-coated seeds from registration.

However, Illston ruled that the EPA’s interpretation takes into account all aspects of the plaintiffs’ concerns, including risks to pollinators and water contamination.

“Thus, the court defers to the agency’s interpretation,” she said.

The CFS stated in response that it is “very disappointed in the outcome.”

“With the future of agriculture and entire food webs on the line, it is irresponsible and unlawful that these pesticides will continue to be exempted from registration,” the (CFS) said. “We will be rigorously exploring all our legal options, including an appeal of this decision, as well as other legal actions.”

The EPA didn’t respond to The Epoch Times’ request for comment by publication.