Seeds treated with neonicotinoids do not have to go through their own registration process, according to a ruling from a federal judge in California. The decision, issued last week, was a win for EPA and ag groups that intervened to defend its decision, and a defeat for environmental groups that had challenged the “treated article” exemption in federal pesticide law.

 

U.S. District Judge Susan Illston said in her opinion, “EPA currently exempts treated seeds from going through a separate registration process, reasoning that the registration for the treating pesticides provides sufficient data about the overall impact of the pesticides, including through their application to treated seeds.”

 

She found the “treated article” exemption to registration in the Federal Insecticide, Fungicide, and Rodenticide Act to be ambiguous before ruling that EPA’s denial of a petition submitted by CFS and PANNA was “fair and considered.”

 

“The court is not persuaded by any of plaintiffs’ three arguments,” Illston said. “The EPA’s interpretation of its own regulation is reasonable and owed deference. The EPA’s petition denial did not fail to consider relevant evidence. Lastly, to the extent that the EPA lacks certain data, plaintiffs must challenge these gaps in an alternate proceeding.”