Procedural issues lead to ban of Bayer pesticide
By Rick Wills, Pittsburgh Tribune-Review January 1, 2010
A federal judge banned the sale of a Bayer CropScience pesticide that environmental groups and commercial beekeepers say is potentially toxic to the nation’s threatened honeybee population.
Both Bayer CropScience, a North Carolina subsidiary of Bayer AG, and the Environmental Protection Agency have 60 days to appeal the decision of Manhattan U.S. District Judge Denise Cote.
The ban would make the sale of spirotetramat, known by the trade names Movento and Ultor, illegal in the United States after Jan. 15.
Cote’s decision does not explicitly address the inconclusive impact the pesticide might have on honeybees. Instead, she faulted the EPA for ignoring steps required in any pesticide approval process, including failing to take public comment and failing to publish Bayer’s application and the agency’s approval in the Federal Register.