3 Jensen FINAL.pdf

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Seattle Journal of Environmental Law

[Vol. 5:1

suspend the use of neonicotinoid pesticides. The EPA should suspend or
cancel any pesticide that has significant evidence suggesting it causes
severe environmental harm, even if the harmful nature of the pesticide is
scientifically uncertain. The uncertainty of the harm should weigh against
the use of the pesticide, not in favor of leaving it in use. The severity and
irreversibility of the potential damage caused by pesticides justifies
extreme caution. Therefore, if there is a possibility of catastrophic harm,
the EPA should act with a heightened level of caution. When presented
with strong evidence that suggests a pesticide is or might be causing severe
environmental harm, the EPA should suspend the registration of that
pesticide until the pesticide manufacturer can prove that the pesticide is
safe. By waiting to act until the pesticide is conclusively proven to be
harmful, the EPA leaves a potentially damaging pesticide in circulation,
and, thus, exposes the environment to an unreasonable level of risk.
This article will explain colony collapse disorder and some of the
evidence suggesting that neonicotinoid pesticides may be responsible.
Then, it will explain the history of the development of neonicotinoids and
their significance in agribusiness. Next, this article will analyze whether
the benefits and risks of neonicotinoid pesticides weigh in favor of the
EPA either banning the pesticides or doing nothing and continuing to
allow their use. Specifically, it will argue that, in all cases when the harm
is potentially disastrous, but of an uncertain or unknown likelihood, the
EPA should exercise extreme caution and suspend the registration of
pesticides when they could be potentially catastrophic. Furthermore, it will
argue that the pesticide manufacturer should always bear the burden of
proving that its pesticides are safe, and the EPA should not require its
opponents to prove the pesticides are harmful before suspending them.
In 2006, it became clear that the bee population was already in rapid
decline. Millions of bees were vanishing in the United States and Europe
every year, and no one could explain why.1 Approximately one-third of
the remaining bee population was dying each year, every year. 2 In the
2012-2013 winter, about half of the remaining bee population died.3 It
didn't take long for beekeepers to start importing bees just to meet the basic
1. Colony Collapse Disorder Progress Report, U.S. DEP’T. OF AGRIC. (June 2010),
2. Id.
3. Michael Wines, Mystery Malady Kills More Bees, Heightening Worry on Farms, N.Y. TIMES,
Mar. 28 2013, http://www.nytimes.com/2013/03/29/science/earth/soaring-bee-deaths-in-2012-soundalarm-on-malady.html?_r=1&.