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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ANNAPOLIS, Md. -- Freshwater mussels are key to keeping the Chesapeake Bay watershed clean, and with more than half of all species now facing extinction, a new report urged policymakers to target more efforts on restoring the important bivalves.

Joe Wood, Virginia senior scientist for the Chesapeake Bay Foundation and the report's co-author, said one mussel can filter up to 15 gallons of water, and they are essential to the Bay ecosystem, like their oyster relatives.

Unlike oysters though, he pointed out, mussels haven't been given the same attention or funding for rehabilitation.

"We don't have targets for freshwater mussel restoration that are associated with the Bay cleanup effort," Wood remarked. "And it's not to say that some of the stuff we're doing is good for them, but they're not even a part of the conversation at this point, and they should be."

He explained mussels are sensitive and reproduce by latching onto traveling fish. Dams and other obstructions in rivers that keep fish from migrating are one reason mussel populations are declining.

Doug Myers, Maryland senior scientist for the Chesapeake Bay Foundation, said there is hope for Maryland mussels, noting the Maryland Department of Natural Resources launched a mussel restoration project in the Patapsco River watershed, and it benefited from a dam removal.

He reported another project on the horizon will bring a freshwater mussel hatchery to the lower Susquehanna River to reintroduce some species.

"There are a few species of freshwater mussels left in the lower Susquehanna River, and there are four dams there," Myers emphasized. "So there's going to have to be not only the reintroduction, but probably some surveys to make sure that those host fish are there as well."

The report found mussel populations in the Chesapeake Bay watershed have fallen by an estimated 90% since colonists arrived in the 1600s from pollution, dams, climate change and disease. The decline has meant a serious loss of both mussel biodiversity and benefits in reducing pollution.

ARLINGTON, Texas - Three Texas cities are taking part in a challenge this year to create Sustainable Development Goals that help eliminate poverty, advance equity and safeguard natural resources.

Dallas, Denton and San Antonio are participating in the United Nations' 2030 Sustainable Development Agenda, with a second year of the "SDGs Cities Challenge."

Meghna Tare, chief sustainability officer for the University of Texas at Arlington and founder of the Regional Center of Expertise for Education on Sustainable Development, said cities host 55% of the world's population - but too often, local efforts to implement sustainability goals are siloed.

"How do you address the challenges of the next 20 years, with the increase in population and the shortage of resources that you have? There has to be a bigger framework," she said.

Tare said the project aims to support 1,000 cities to achieve the Sustainable Development Goals, which could affect the lives of more than 1 billion people from developing, low- and middle-income countries. Sustainability efforts can range from conserving water, managing renewable fuel sources and reducing carbon emissions to ending poverty and hunger, and improving education and health care.

Tare said air quality is a big challenge in Texas, especially in Dallas, and creating an equitable food system is another top priority. She noted that sustainability goals must be broadened beyond climate action or responsible consumption.

"I think we are all at the point where we have moved beyond just energy efficiency or rate reduction, or recycling and transportation," she said.

In addition to UT Arlington, the UN/Habitat sustainability partnership is led by Local Governments for Sustainability USA, the Connected Cities Lab, the Brookings Institution and other international business leaders.

ALBANY, N.Y. - A ballot measure could give New York residents the constitutional right to a healthy environment, and on Tuesday a group of state environmental advocates and lawmakers kicked off a campaign for its passage this November.

Some 80% of New Yorkers support adding the "green amendment" to the state Constitution, according to a Siena College poll.

Peter Iwanowicz, executive director of the group Environmental Advocates NY, said the measure would change Article 1 of the state Constitution by giving each resident the right to clean air and water.

"We will argue that decisions now will have to be screened, of whether it violates a constitutional right to clean air and clean water," he said, "and we think it's going to lead towards more thorough and better front-end decision making that will reject a lot of the proposals that are out there now."

He pointed to the proposed Danskammer fracked-gas power plant and the longtime water crisis in Hoosick Falls as environmental-justice issues for Hudson Valley communities that need further attention. If approved by voters, the change to the state's "bill of rights" would take effect in January.

Jennifer Wilson, deputy director of the League of Women Voters of New York State, said the move would ensure that environmental health is at the forefront in writing legislative policies and plans for economic development.

"New Yorkers who can't afford to move away from these areas, they're suffering," she said. "These residents are hurting right now, and that's only going to continue to grow if we do not guarantee businesses and elected officials have a mandate to protect the well-being of all New Yorkers."

The "green amendment" also would prevent people from creating loopholes in existing laws. Eddie Bautista, executive director of the New York City Environmental Justice Alliance, said he thinks it's time to make clean air and water a constitutional right.

"We should have a right to clean air and clean water - except we don't," he said. "Even when we are strategic, sophisticated and politically powerful enough to get laws passed, they're only as good as their enforcement or even the legislative body in question's commitment to it."

The initial effort for a "green" constitutional amendment in New York began in 2016.