The Center for Biological Diversity, Defenders of Wildlife, and the Center for Food Safety sent EPA Administrator McCarthy a notice of intent to sue the agency for approving the insecticide flupyradifurone in violation of the Endangered Species Act. The groups allege that the chemical will likely jeopardize listed species and adversely modify the critical habitat of the protected species. EPA failed to consult with the US Fish & Wildlife Service or the National Marine Fisheries Service as required by the Endangered Species Act according to the groups' notice. The EPA found that the pesticide did not result in any adverse effects on honeybee colonies in 38 tests it reviewed. The number of those test sponsored either by the maker, Bayer, or other chemical industry groups was not revealed. A Ohio State University entomologist consulted said he did not know of any independent research conducted on the compound.
The agency has 60 days to respond before the matter goes to federal court. EPA approved Sivanto, as it is commercially known, as a substitute for neonicotinoids which have been repeatedly implicated in the alarming decline of honeybee populations. {10.04.12; Bees Suffer from Neonicotinoids} While it may be less toxic on honeybee colonies, the EPA completely ignored the 4,000 solitary bee species it its consideration of toxicity. The approved insecticide works in the same way as neonicotinoids do by permeating all plant tissues. It is intended to control problematic insects such as aphids, whiteflies and thrips.