Judge Sides with EPA on Neonic Seed Coatings Lawsuit

On November 20, Judge Susan Illston, U.S. District Court Judge in the Northern District of California, issued a ruling in a lawsuit against the U.S. Environmental Protection Agency (EPA), indicating that neonicotinoid-coated seeds have lawfully been exempted from pesticide registration requirements. In the lawsuit, the Center for Food Safety and Pesticide Action Network North America sought to overturn a “regulatory loophole.”

The plaintiffs argued that seeds treated with neonicotinoids should be regulated as pesticides, similar to genetically engineered traits that protect against insects. EPA countered stating that since neonicotinoids themselves are already regulated as pesticides, seeds coated with the chemicals don’t need to be reviewed and registered separately.

Judge Illston sided with EPA’s interpretation of the law, agreeing the agency was not arbitrary and capricious in rejecting a petition to end the exemption.

For more information on the ruling, please reach out to ASTA’s Vice President, Government Affairs, Janae Brady.