HELENA, Mont. - A pesticide that kills bees should not have been cleared for agricultural use by the Environmental Protection Agency, according to a federal appeals court.
The Ninth Circuit Court of Appeals ruled Thursday that Dow Chemical's sulfoxaflor was not thoroughly researched when it comes to impacts on bees.
Michele Colopy, program director of the Pollinator Stewardship Council, one of the groups that filed the suit, said the chemical is proven to be highly toxic to bees and other pollinators - and those impacts need better assessment.
"EPA did not follow through with its own requirement of getting scientific-based evidence to prove that the pesticide was not going to adversely impact pollinators," she said.
Pollination services are worth at least $20 billion a year in the United States, Colopy said.
There is a waiting period before the decision is final, and Dow could ask for a rehearing. Sulfoxaflor has been available in several name-brand pesticide mixtures for agricultural crops. It's a systemic neurotoxin that insects ingest when they suck, chew or collect nectar and pollen from a plant.
Colopy said she welcomes another key finding in the ruling. The court stated that sulfoxaflor is a subclass of neonicotinoids, which are thought to be a factor in honeybee declines, and there are several "neonics" on the market. She said the pollinator ecosystem needs careful consideration when any pesticide is approved or used.
"It is not looking at the entire organism of a hive. It's not about just the adult forager bee," she said. "Bee colonies are an organism, and if one aspect of the workforce gets damaged, it damages the entire organism of the colony."
The pesticide is marketed as a way to manage aphids, weevils and other sap-sucking crop pests, typically used on crops that don't depend on pollinators.
The National Honeybee Advisory Board, American Honey Producers Association, American Beekeeping Federation and several individual beekeepers filed the suit, represented by Earthjustice. The full court opinion is online at earthjustice.org.
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Environmental advocates are urging Washington state lawmakers to require cargo ships to plug in while in port.
The Port of Seattle will require all cruise ships to use shore power by 2027, but cargo ships face no such requirement. One ship idling for 40 hours emits 30 tons of carbon dioxide and sends 22 pounds of toxic soot into the air, which can harm port workers and adjacent neighborhoods.
Teresa Bui, climate policy director for the group Pacific Environment, said the sheer volume at regional ports requires action.
"The Northwest Seaport Alliance saw visits from 1,700 cargo vessels in 2023," Bui pointed out. "While the port is vital to the state economy, there is both a climate and a public health imperative to transition away from diesel and require these ships to plug in."
A 2023 study found diesel exhaust contributes more than 80% of the cancer risk from toxic air pollutants in the Seattle-Tacoma area.
Legislation to require shore power was introduced in the state House in January but did not make it out of committee. The legislation would apply to any terminal with more than 20 vessel visits per year. State lawmakers have committed more than $50 million toward port electrification.
With the third-largest container ship complex on the West Coast, Bui anticipates strong job creation.
"The additional benefit of requiring ships to plug in is there's job growth potential," Bui emphasized. "The TOTE terminal created 55 local jobs. IBEW supported this measure when it was introduced in the legislature."
A Maritime Administration estimate anticipates 100% shore power at the Port of Seattle would create hundreds of jobs over 30 years.
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Environmental and wildlife conservation in Montana took hits during this year's state legislative session, including vetoes from the governor on bills that received bipartisan support.
Among bills Gov. Greg Gianforte vetoed was House Bill 477, which would have phased out some single-use Styrofoam food containers in favor of those made from Montana agricultural byproducts.
The bill's sponsor, Rep. Marilyn Marler, D-Missoula, called it "discouraging" when such a bipartisan effort is vetoed.
"Because it seems to me he did not listen to a wide variety of people, even in his own party," she said. "I think that with this particular bill, it just didn't send the right message about what our values are."
Tourism and recreation are important and growing industries in the state, and as Marler put it, "People don't come here to see trash."
Constituents can see how their lawmakers voted on conservation this session on the Montana Conservation Voters 2025 legislative scorecard.
Marler also voiced concern about weakening the Montana Environmental Policy Act, which was designed to uphold Montanans' constitutional right to a clean environment. While there was a win for habitat funding, Marler added she is seeing continued privatization of wildlife.
"It was not a great session for conservation and it was not a great session for Montana hunters," she explained. "It is becoming very hard to keep commercialization of wildlife off the books."
In renewable energy news, Gianforte vetoed the Montana Solar Shares Act, which would allow Montanans to buy shares in an energy-generating solar array. But a veto override poll for lawmakers is currently underway by mail.
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Conservationists are celebrating the protection of five miles of river frontage along the White Salmon River. The 174-acre site was purchased by The Conservation Fund more than a decade after the removal of Condit Dam. The dam was breached in 2011, draining the former Northwestern Lake. The lakebed makes up much of the acquisition.
Gates Watson, vice president of The Conservation Fund, said the removal restored a 44-mile free-flowing river.
"The dam's presence had an impact on the migration route for fish, including regional salmon populations, and disrupted Yakama Nation's right to fish and gather and hunt along this land, and with this transition that will be restored," he explained.
The land was purchased from PacifiCorp, which operated the hydroelectric dam. The site is located in the ancestral territory of the Yakama Nation. The acquisition will be managed by The Conservation Fund temporarily, before being acquired by Yakama Nation on a permanent basis.
Planning for the long-term restoration brought together PacifiCorp, Yakama Nation, The Conservation Fund and an owners association whose cabins sat near the shores of Northwestern Lake. Cabin owners had been leasing land from PacifiCorp. Site surveys were conducted to establish individual lots so owners could acquire the land under their buildings.
Watson said site planning also included a conservation easement and more.
"The vision for the completed White Salmon Corridor project is five miles of connected riparian habitat and a foot trail along the White Salmon River that is owned and managed by Yakima Nation, restoring opportunities for tribal members to access the river and fish," he continued.
The river is a breeding habitat for steelhead, Chinook and coho salmon, and researchers have found juvenile fish are returning in strong numbers.
Disclosure: Conservation Fund contributes to our fund for reporting on Environment, Hunger/Food/Nutrition, Public Lands/Wilderness, Sustainable Agriculture. If you would like to help support news in the public interest,
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