COMMENTS 
SIERRA ALVERNAZ* 
The Price of Pesticides:  
Environmental and Economic Impacts of 
Using Neonicotinoids in Agriculture 
Abstract ............................................................................................ 234 
Introduction ...................................................................................... 234 
I. The Direct Link Between Neonicotinoids and the
Deterioration of Honeybee Health ........................................ 238 
A. The Rise of Neonicotinoid Use in the United States ..... 238 
B. Neonicotinoids and Colony Collapse Disorder ............. 240 
C. Additional Links Between Neonicotinoids and
Declines in Honeybee Health ........................................ 241 
II. Refuting the Arguments in Favor of Neonicotinoid Use
Due to the Impact of Neonicotinoids on Honeybees ............ 242 
A. The Farmer’s Dilemma .................................................. 242 
B. The Disadvantages of Neonicotinoids Outweigh Their
Economic Benefits ......................................................... 245 
C. The Power Imbalance Between Small-Scale Farms
and Big Corporations ..................................................... 246 
D. Viable Economic Alternatives to Neonicotinoids ......... 248 
III. The Lack of Legal Viability for Neonicotinoid Use ............. 248 
A. Further Evidence of the Negative Impact of
Neonicotinoids: The Federal Insecticide, Fungicide,
and Rodenticide Act ...................................................... 248 
* Sierra Alvernaz graduated from the University of Oregon School of Law in 2023. She
would like to thank the fantastic editors of the Journal of Environmental Law and Litigation 
for their assistance in editing this Comment, as well as her friends and family for their 
continued support.  
[233] 
234 J. ENV’T LAW AND LITIGATION [Vol. 38, 233 
B. Where We Are Now: Federal and State Neonicotinoid
Legislation ..................................................................... 251 
C. Legal Challenges to the Use of Neonicotinoids ............ 252 
Conclusion ....................................................................................... 254 
ABSTRACT 
The busy buzzing sounds of honeybee hives were a constant 
throughout my childhood. I grew up on an almond orchard in central 
California, where the annual delivery of boxes of honeybee hives 
signaled the arrival of spring. By early March, each of the almond trees 
exploded with delicate pink blossoms, indicating they were ready for 
honeybees to begin the pollination process. Swarms of honeybees 
worked throughout the early spring, buzzing loudly as they flitted 
around the orchard and pollinated each tree. As a child, I thought the 
arrival and departure of honeybees in the orchard was the most natural 
thing in the world, and their presence seemed like an everlasting 
symbol of springtime. As an adult, I have realized that the health and 
wellbeing of honeybees across the world is at stake and taking 
honeybees for granted could come at a significant price.  
INTRODUCTION 
H oneybees are among the most prominent and important types of pollinators worldwide, with approximately thirty-five percent 
of world food crop production depending on honeybees and other 
pollinators.1 In the United States, the estimated value of insect 
pollination to agricultural production is $16 billion annually, and 
approximately three-fourths of that value is attributable to honeybees.2 
The worldwide contribution of honeybees and other pollinators to 
global crop production for human food is valued at approximately $190 
billion.3 Given the importance of honeybees and other bee species to 
food production, scientists and farmers have recently expressed 
concern about a possible “pollinator crisis” occurring over recent 
1 Tjeerd Blacquière et al., Neonicotinoids in Bees: A Review on Concentrations, Side-
Effects and Risk Assessment, 21 ECOTOXICOLOGY 973, 973 (2012), https://link-springer 
-com.libproxy.uoregon.edu/content/pdf/10.1007/s10646-012-0863-x.pdf [https://perma.cc/
GF7V-R37F].
2 RENÉE JOHNSON & M. LYNNE CORN, CONG. RSCH. SERV., R43191, BEE HEALTH: 
BACKGROUND AND ISSUES FOR CONGRESS 1 (2015). 
3 Id. at 5. 
2023] The Price of Pesticides: Environmental and Economic 235 
Impacts of Using Neonicotinoids in Agriculture 
decades and have raised questions about the role neonicotinoids [nee-
oh-nick-oh-tin-oids] may be playing in this crisis.4  
One of the biggest threats to honeybee health is the widespread 
application of neonicotinoids, a class of insecticides that share 
chemical similarities with nicotine.5 First developed in the 1990s, 
neonicotinoids are a class of pesticides designed to combat issues with 
insecticide resistance seen in older pesticides.6 Neonicotinoids provide 
long-term protection against insects with chewing and sap-sucking 
abilities due to their systemic properties, which allow them to enter 
plants via the roots and incorporate into the treated plant’s tissue.7 
When first introduced commercially, neonicotinoids were viewed as 
the pesticide of the future because of their low mammalian toxicity, 
persistence, and systemic action.8  
Upon their introduction, people believed that neonicotinoids were 
less toxic to invertebrates than older insecticides; this belief led to 
their widespread use in agricultural and residential areas.9 Recently, 
scientists have scrutinized neonicotinoids due to their potential negative 
health implications for nontarget organisms such as honeybees.10 
Because the molecular structures of neonicotinoids closely resemble 
those in nicotine and initiate physiological responses in insects’ central 
nervous systems, neonicotinoids may make honeybees more susceptible 
to contracting harmful parasites and viruses, which can lead to the 
destruction of entire colonies of honeybees.11  
4 Id. at 1. 
5 See What Is a Neonicotinoid?, TEX. A&M AGRILIFE EXTENSION, https://citybugs.tamu 
.edu/factsheets/ipm/what-is-a-neonicotinoid/ [https://perma.cc/A98E-6ZXP] (last visited 
Mar. 13, 2022) [hereinafter What Is a Neonicotinoid]. 
6 Tawny Simisky, Tree and Shrub Insecticide Active Ingredients: Alternatives to 
Neonicotinoids, UMASS EXTENSION LANDSCAPE, NURSERY AND URB. FORESTRY 
PROGRAM, https://ag.umass.edu/landscape/fact-sheets/tree-shrub-insecticide-active 
-ingredients-alternatives-to-neonicotinoids [https://perma.cc/BMA2-67HT] (last updated
Oct. 2018) [hereinafter Insecticide Active Ingredients].
7 JENNIFER HOPWOOD ET AL., HOW NEONICOTINOIDS CAN KILL BEES 1 (2nd ed. 
 2016), https://www.xerces.org/sites/default/files/2018-05/16-022_01_XercesSoc_How 
-Neonicotinoids-Can-Kill-Bees_web.pdf [https://perma.cc/HR22-2CJK].
8 Simisky, supra note 6.
9 TRAVIS A. GROUT ET AL., NEONICOTINOID INSECTICIDES IN NEW YORK STATE 21
(Catherine Crosier & Lauren Cody eds., 2020), https://legacy-assets.eenews.net/open_files
/assets/2020/07/08/document_gw_15.pdf [https://perma.cc/8HB7-V5HH].
10 Id. 
11 Id. at 50–54 (Active ingredients in neonicotinoids include acetamiprid, clothianidin, 
dinotefuran, imidacloprid, nitenpyram, thiacloprid, and thiamethoxam.); What Is a 
Neonicotinoid, supra note 5.  
236 J. ENV’T LAW AND LITIGATION [Vol. 38, 233 
Some farmers do not believe neonicotinoids are to blame for the 
troubling decline in honeybee populations. Neonicotinoids are 
especially popular among many farmers who use them in integrated 
pest management (IPM) programs.12 IPM programs allow farmers to 
selectively control insect pests while ensuring beneficial insects remain 
available to keep other potential insect pests in check.13 The versatility 
of application and favorable pest control properties of neonicotinoids 
have contributed to them becoming the most widely used insecticides 
in IPM systems across the world.14 Farmers who choose to apply 
neonicotinoids to their crops acknowledge that, while alternative 
insecticides or pest control strategies exist for nearly all relevant target 
pests, switching from neonicotinoids usually entails a direct or indirect 
cost to users.15 Additionally, many farmers believe that neonicotinoids 
are the best option when considering factors such as price, efficacy, 
safety, and insecticide rotation pattern, among others.16 
The wide-ranging environmental impact, including the honeybee 
decline, and economic considerations to farmers surrounding the use of 
neonicotinoids have led to political and administrative controversy. In 
2018, the Trump Administration rolled back regulations prohibiting the 
use of neonicotinoids on wildlife refuges, claiming that neonicotinoids 
were necessary for “farming practices” in these areas.17 A year later, 
under former President Trump’s direction, the Environmental 
Protection Agency (EPA) issued emergency approval to spray 
neonicotinoids onto more than sixteen million acres of crops.18 The 
12 See The Importance of Neonicotinoids in Integrated Pest Management, 
AGINFOMATICS (2014), https://growingmatters.org/wp-content/uploads/2017/04/infographic 
-the-importance-of-neonicotinoids-to-integrated-pest-management.pdf [https://perma.cc
/3BSV-EUBY] [hereinafter Integrated Pest Management].
13 Id. 
14 See GROUT ET AL., supra note 9, at 55. 
15 BRET SHAW & KEN GENSKOW, THE VALUE OF NEONICOTINOIDS IN NORTH 
AMERICAN AGRICULTURE, AGINFOMATICS 3 (2014), https://aginfomatics.com/uploads/3/4 
/2/2/34223974/summary_perspectives_listening_sessions.pdf [https://perma.cc/UP36 
-Y4VF] [hereinafter THE VALUE OF NEONICOTINOIDS].
16 Id.
17 Lisa Spear, What are Neonicotinoids? Trump Administration Rolls Back Ban on
Synthetic Chemical Pesticides, NEWSWEEK (Aug. 7, 2018, 6:07 PM), https://www.newsweek
.com/neonicotinoids-trump-administration-rolls-back-ban-1061906 [https://perma.cc
/XH6C-T98M].
18 Press Release, Ctr. for Biological Diversity, Trump EPA Used ‘Emergency’ Loophole
to Approve Pesticides Toxic to Bees on 16 Million Acres in 2019 (Jan. 2, 2020), https://
biologicaldiversity.org/w/news/press-releases/trump-epa-used-emergency-loophole-to
-approve-pesticides-toxic-to-bees-on-16-million-acres-in-2019-2020-01-02/ [https://perma
.cc/W9CL-Z9JR] [hereinafter Trump EPA].
2023] The Price of Pesticides: Environmental and Economic 237 
Impacts of Using Neonicotinoids in Agriculture 
Biden Administration may be taking a different approach to pesticide 
regulation—a recent ban on another highly controversial insecticide, 
chlorpyrifos, has led to speculation that bans on neonicotinoids will 
inevitably follow.19  
Legislation aiming to curb the use of neonicotinoids has cropped up 
throughout various state legislatures over the past several years. In 
2016, Maryland proposed banning the sales of products containing 
neonicotinoids throughout the state.20 In the same year, the Oregon 
Senate proposed an almost identical bill.21 The Oregon version of the 
bill intended to ban the sales of insecticides containing neonicotinoids 
but would have provided exemptions for certified applicators and 
farmers.22 On the federal level, Oregon Congressman Earl Blumenauer 
introduced a bill that would have required the EPA to act on 
neonicotinoids and other insecticides during the 116th Congress in 
2019, but the legislation died in committee.23  
Environmental advocates continue to clamor for legislative action to 
restrict neonicotinoid application, but farmers and other proponents of 
freedom of choice in agricultural management believe governmental 
regulation of neonicotinoids remains unnecessary. 
The negative environmental consequences outweigh the positive 
economic benefits that result from the use of neonicotinoids in 
agriculture. The links between neonicotinoid application and harm to 
honeybees and the environment are troubling and signal that restricting 
the use of neonicotinoids is necessary. Moving forward, farmers, 
scientists, and advocates must come together to create a balance 
between economic stability and environmental conservation. 
This Comment addresses the environmental and economic 
arguments against the use of neonicotinoids. Part I explains the role 
19 David Frabotta, U.S. Regulators Nix Chlorpyrifos, Neonicotinoids Are Next, 
AGRIBUSINESS GLOB. (Sept. 2, 2021), https://www.agribusinessglobal.com/agrochemicals 
/u-s-regulators-nix-chlorpyrifos-neonicotinoids-are-next/ [https://perma.cc/B3NN-4LDK]. 
20 Maryland Bill Would Ban Products Laced with Neonicotinoids, NAT’L AGRIC. L. 
CTR. (Mar. 29, 2016), https://nationalaglawcenter.org/maryland-bill-would-ban-products 
-laced-with-neonicotinoids/ [https://perma.cc/G8EC-P4EQ].
21 S.B. 929, 79th Legis. Assemb., Reg. Sess. (Or. 2017).
22 Id. 
23 Blumenauer, McGovern Introduce Legislation to Save the Bees, U.S. CONGRESSMAN 
EARL BLUMENAUER (Jun. 23, 2021), https://blumenauer.house.gov/media-center/press 
-releases/blumenauer-mcgovern-introduce-legislation-to-save-the-bees [https://perma.cc
/E774-5YTF] [hereinafter Legislation to Save the Bees]; see H.R. 1337, 116th Cong. (2019)
(legislation did not move out of House Agriculture Subcommittee on Biotechnology,
Horticulture, and Research).
238 J. ENV’T LAW AND LITIGATION [Vol. 38, 233 
neonicotinoids play in the deterioration of honeybee health, including 
their role in perpetuating recent phenomena such as colony collapse 
disorder. Part II discusses the opposing viewpoint, highlighting and 
refuting the arguments for the use of neonicotinoids. Finally, Part III 
looks to the future by examining the benefits of the legislative and legal 
responses to neonicotinoids. This Comment concludes that bans on 
certain types of neonicotinoids are necessary to protect the health and 
wellbeing of honeybees.  
I 
THE DIRECT LINK BETWEEN NEONICOTINOIDS AND THE 
DETERIORATION OF HONEYBEE HEALTH 
A. The Rise of Neonicotinoid Use in the United States
The deterioration of honeybee health in the United States can be 
traced back to pesticide use, particularly the use of neonicotinoids. 
The industrialization of agriculture in the United States can be traced 
back to increases in chemical control of pests,24 and it contributed to 
America becoming one of the world’s leading producers of agricultural 
products. The economic viability of the agriculture industry in the 
United States has caused farmers to maximize crop production in every 
way possible, and this often begins with pesticide application.25 When 
applied properly, pesticides are inherently toxic to some organisms, 
such as weeds or harmful insects.26  
The EPA’s failure to adequately regulate neonicotinoids has 
contributed to honeybee population decline. The EPA is responsible for 
the regulation of pesticides through registration and labeling 
requirements, and it is ultimately up to the EPA’s discretion whether a 
pesticide poses an “unreasonable risk to man or the environment.”27 
By approving and allowing neonicotinoid use, the EPA has failed to 
adequately consider the pitfalls of these insecticides and has overvalued 
their benefits in reducing pest pressures.28 There are no indications 
that the EPA has ever denied a registration of a product containing 
24 See Pesticides – An Overview, NAT’L AGRIC. L. CTR., https://nationalaglawcenter.org 
/overview/pesticides/ [https://perma.cc/A97A-7RML] (last visited Apr. 8, 2023). 
25 See GROUT ET AL., supra note 9, at 141. 
26 Pesticides – An Overview, supra note 24. 
27 Id. 
28 SARAH STEVENS & PETER JENKINS, CTR. FOR FOOD SAFETY, HEAVY COSTS: 
WEIGHING THE VALUE OF NEONICOTINOID INSECTICIDES IN AGRICULTURE 1 (Mar. 2014), 
https://www.centerforfoodsafety.org/files/neonic-efficacy_digital_29226.pdf [https:// 
perma.cc/9AG7-R292]. 
2023] The Price of Pesticides: Environmental and Economic 239 
Impacts of Using Neonicotinoids in Agriculture 
neonicotinoids, proving that neonicotinoids’ potential benefits 
outweigh their costs.29  
Research has proven that neonicotinoids have played a large role in 
the rapid honeybee decline. Today, researchers have determined that 
neonicotinoids have contributed to America’s crops becoming forty-
eight times more toxic to honeybees than they were twenty-five years 
ago before neonicotinoid use became commonplace.30 Neonicotinoids 
are being scrutinized by scientists for their high water solubility, 
toxicity to pollinators such as honeybees, and potential to persist in the 
environment after degradation.31 The potential for neonicotinoids to 
persist in ecosystems for years after application leads both susceptible 
and non-susceptible organisms to feed on neonicotinoids and transmit 
them between trophic levels.32 Neonicotinoids account for an estimated 
ninety-two percent of the increased toxicity in agriculture since most 
of the toxins in neonicotinoids seep into soil and the environment, and 
their water solubility has led to the contamination of streams, ponds, 
and wetlands.33  
The versatility of application type in neonicotinoids has led to 
millions of acres of farmlands as well as public parks, gardens, and 
backyards being treated with neonicotinoids in the United States, 
resulting in further harm to the honeybee population.34 Neonicotinoids 
can be applied as foliar sprays, soil drenches, seed coatings, irrigation, 
or through direct injection.35 Invertebrates like honeybees can be 
exposed to neonicotinoids in a variety of ways, most commonly by 
consuming contaminated nectar or pollen.36 Honeybees are particularly 
vulnerable to neonicotinoid exposure when those neonicotinoids have 
been sprayed on flowers or applied through seed coatings, as these 
29 Id. at 3. 
30 Stephen Leahy, Insect ‘Apocalypse’ in U.S. Driven by 50x Increase in Toxic 
Pesticides, NAT’L GEOGRAPHIC (Aug. 6, 2019), https://www.nationalgeographic.com 
/environment/article/insect-apocalypse-under-way-toxic-pesticides-agriculture [https:// 
perma.cc/GK8W-96KP].  
31 Id.  
32 S.D. Frank & J.F. Tooker, Neonicotinoids Pose Undocumented Threats to Food Webs, 
117 (37) PNAS 22609, 22610–11 (Sept. 15, 2020), https://www.pnas.org/doi/epdf/10.1073 
/pnas.2017221117 [https://perma.cc/38JQ-66KP]. 
33 Leahy, supra note 30. 
34 HOPWOOD ET AL., supra note 7, at 1. 
35 Id. at viii, 1. 
36 Id. at 1. 
240 J. ENV’T LAW AND LITIGATION [Vol. 38, 233 
methods usually contain high concentrations of neonicotinoids that 
prove toxic to pollinators.37 
B. Neonicotinoids and Colony Collapse Disorder
The use of neonicotinoids in areas used for agriculture where 
honeybees pollinate has given rise to increases in colony collapse 
disorder (CCD). Beekeepers began noticing higher losses in their 
colonies in the early 2000s, some of which was attributable to colony 
collapse disorder, a phenomenon that occurs when many worker bees 
in a colony disappear and leave behind their queen.38 From April 2020 
to April 2021, beekeepers across the United States lost 45.5% of their 
honeybee colonies.39 Research indicates that this significant drop 
can be traced back to CCD40 and that neonicotinoids can increase a 
honeybee’s susceptibility to viruses and parasites.41 Neonicotinoid 
pesticide application has been identified as a possible causative factor 
in CCD.42  
A study from the Harvard School of Public Health points to 
additional links between neonicotinoids and CCD beyond increased 
susceptibility to viruses.43 The study found that honeybees in hives 
exhibiting CCD showed nearly identical pathogen infestation levels, 
suggesting that neonicotinoids can cause a biological mechanism in 
honeybees that leads to CCD.44 Currently, no definitive link between 
neonicotinoids and CCD has been established,45 and researchers 
believe that CCD is likely a syndrome caused by many different 
factors.46 
37 Tina Smith, Neonicotinoids, Native Pollinators, and Greenhouse Production, 
UMASS EXTENSION 1, https://ag.umass.edu/sites/ag.umass.edu/files/pdf-doc-ppt/16neonic 
pollinatorsgh.pdf [https://perma.cc/HFJ3-LY46] (last visited Mar. 12, 2022). 
38 Allison LaSorda, In-Hive Sensors Could Help Ailing Bee Colonies, SCI. AM. (Aug. 
31, 2021), https://www.scientificamerican.com/article/in-hive-sensors-could-help-ailing 
-bee-colonies/ [https://perma.cc/2P2P-VKTU]; see HOPWOOD ET AL., supra note 7, at 26.
39 LaSorda, supra note 38.
40 Id. 
41 See HOPWOOD ET AL., supra note 7, at viii. 
42 Id. 
43 Press Release, Marge Dwyer, Study Strengthens Link Between Neonicotinoids and 
Collapse of Honeybee Colonies, Harvard School of Public Health (May 9, 2014), https:// 
www.hsph.harvard.edu/news/press-releases/study-strengthens-link-between-neonicotinoids 
-and-collapse-of-honey-bee-colonies/ [https://perma.cc/F7RZ-488Y].
44 Id.
45 HOPWOOD ET AL., supra note 7, at viii. 
46 JOHNSON & CORN., supra note 2, at 18. 
2023] The Price of Pesticides: Environmental and Economic 241 
Impacts of Using Neonicotinoids in Agriculture 
C. Additional Links Between Neonicotinoids and Declines in
Honeybee Health 
Studies completed in 2015 refute the idea that honeybees can discern 
pesticides, showing that honeybees are not able to taste neonicotinoids 
and are thus not repelled by them.47 In fact, when given a choice, the 
honeybees in the study preferred solutions that contained the 
imidacloprid and thiamethoxam varieties of neonicotinoids over other 
solutions, proving that honeybees cannot control their exposure to 
neonicotinoids.48  
The chemical composition of neonicotinoids can provide an 
alternative explanation for why honeybees may be drawn to them. 
Neonicotinoids work by disrupting certain protein receptors in 
insects’ central nervous systems.49 Acetylcholine (ACh) acts as the 
“major excitatory neurotransmitter” in an insect’s central nervous 
system.50 The molecular structures of neonicotinoids closely resemble 
those in nicotine and initiate physiological responses in nicotinic 
acetylcholine receptors (nAChRs), a subset of insect ACh receptors.51 
Neonicotinoids are agonists of nAChRs, with the imidacloprid and 
clothianidin varieties eliciting the strongest responses.52 When 
honeybees ingest neonicotinoids, their ACh neurotransmitters are 
activated, much like how human neurotransmitters are activated when 
nicotine enters the human body.53 The metabolic and endocrine 
47 Sébastien C. Kessler et al., Bees Prefer Foods Containing Neonicotinoid Pesticides, 
521 NATURE 74, 74 (2015), https://www-nature-com.libproxy.uoregon.edu/articles/nature 
14414.pdf [https://perma.cc/374T-NCXN]. 
48 Id. 
49 Walter Beckwith, Neonicotinoid Pesticides Impair Bees’ Social Behavior, AM. ASS’N 
FOR THE ADVANCEMENT OF SCI. (Nov. 9, 2018), https://www.aaas.org/news/neonicotinoid 
-pesticides-impair-bees-social-behavior [https://perma.cc/G545-R82R].
50 Bernd Grünewald & Paul Siefert, Acetylcholine and Its Receptors in Honeybees:
Involvement in Development and Impairments by Neonicotinoids, INSECTS, Nov. 2019,
at 3, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6955729/pdf/insects-10-00420.pdf
[https://perma.cc/83H2-5BZL].
51 Junko Kimura-Kuroda et al., Nicotine-Like Effects of the Neonicotinoid Insecticides
Acetamiprid and Imidacloprid on Cerebellar Neurons from Neonatal Rats, 7 (2) PLOS ONE
1 (2012), https://journals.plos.org/plosone/article/file?id=10.1371/journal.pone.0032432&
type=printable [https://perma.cc/HL6G-QF68].
52 Id. at 3. 
53 See Christopher Moffat et al., Neonicotinoids Target Distinct Nicotinic Acetylcholine 
Receptors and Neurons, Leading to Differential Risks to Bumblebees, 6 NATURE 1 (2016), 
https://www.nature.com/articles/srep24764.pdf [https://perma.cc/286Q-U4QE]. 
242 J. ENV’T LAW AND LITIGATION [Vol. 38, 233 
functions of ACh in honeybees are disrupted by neonicotinoids, which 
contributes to declines in honeybee colony health.54 
Researchers have found through recent studies that the long-term 
application of neonicotinoids has the potential to influence honeybee 
population growth over multiple generations, showing that bees 
exposed to neonicotinoids over a two-year period experienced much 
lower population growth rates compared to bees not exposed to 
neonicotinoids.55 In a study where honeybees were given food 
contaminated with imidacloprid, reductions in the number of larvae 
were reported, putting the colony at risk of population imbalance.56 
Based on past and current research, applying neonicotinoids to crops 
that require pollination clearly puts honeybees at risk. Neonicotinoids 
have the power to slowly break down food webs and natural resources, 
posing a real threat beyond incapacitating invertebrates. The use of 
neonicotinoids puts honeybees everywhere at risk, which could result 
in dire consequences for agricultural production by way of disrupting 
pollination.  
II 
REFUTING THE ARGUMENTS IN FAVOR OF NEONICOTINOID USE 
DUE TO THE IMPACT OF NEONICOTINOIDS ON HONEYBEES 
A. The Farmer’s Dilemma
The minimal benefit and significant environmental detriment that 
results from using neonicotinoids renders neonicotinoids obsolete. 
However, many farmers and agricultural advocates still subscribe to 
the theory that neonicotinoids are the most economically efficient way 
to protect their crops. Farmers and agricultural companies across the 
United States remain dedicated to using neonicotinoids to manage 
pests, causing a reignition in the debate over which is more important: 
the environment or the economy.  
The promising future that neonicotinoids seemed to offer upon their 
introduction has caused farmers to make some difficult decisions. The 
current justification for the use of neonicotinoids on crops is primarily 
based on anecdotal research surrounding neonicotinoids’ usefulness for 
54 See id. at 5. 
55 Amy Quinton, Pesticides Can Affect Multiple Generations of Bees, U.C. DAVIS 
(Nov. 29, 2021), https://www.ucdavis.edu/climate/news/pesticides-can-affect-multiple 
-generations-bees [https://perma.cc/JSC6-D8SP].
56 Blacquière, supra note 1, at 981.
2023] The Price of Pesticides: Environmental and Economic 243 
Impacts of Using Neonicotinoids in Agriculture 
increasing crop yield and reducing the prevalence of pests.57 These 
misconceptions have been exacerbated by the agricultural industry’s 
analysis that relies on non-peer-reviewed research that overestimates 
the value of neonicotinoids.58 The near-ubiquitous use of 
neonicotinoids today makes it difficult for small farmers to break the 
cycle of using them, especially when faced with pressure and 
misinformation from large corporations.59 These corporations tout 
advantages of neonicotinoids when communicating with these farmers, 
highlighting their ability to treat soil-inhabiting pests that would be 
otherwise difficult to control and their low toxicity to farmers and 
farmworkers.60 The perceived difficulty in obtaining viable alternatives 
and concerns about crop yield has caused many farmers to latch onto 
using neonicotinoids to protect their crops, a decision that has put them 
in the middle of the discussion about the link between agriculture, 
pesticides, and honeybee decline. 
Seed farmers are among the largest subset of farmers who claim to 
have experienced difficulty finding alternatives to neonicotinoids.61 
One alternative to using seeds treated with neonicotinoids is increased 
tillage of land, which seed farmers claim would only add to soil erosion 
and would require more use of fossil fuel–burning farm equipment.62 
Neonicotinoid seed treatments are most commonly used on crops of 
grain, oilseed, and soybeans.63 The United States is the number one 
producer of soybeans worldwide.64 Based on current trends, scientists 
expect that well over fifty percent of planted soybeans in the United 
States are treated with neonicotinoids.65 Therefore, the consensus 
among farmers who choose to apply neonicotinoids in some form is 
57 DOUG GURIAN-SHERMAN, CTR. FOR FOOD SAFETY, ALTERNATIVES TO 
NEONICOTINOID INSECTICIDE-COATED CORN SEED: AGROECOLOGICAL METHODS ARE 
BETTER FOR FARMERS AND THE ENVIRONMENT 5 (May 2017), https://www.centerforfood 
safety.org/files/alternatives-to-neonics_v9_23186.pdf [https://perma.cc/JJX4-HX2C].  
58 Id. 
59 Id. at 7. 
60 Id. at 15. 
61 See Rick Carlin, New York Farmers Push Back Against Neonicotinoid Seed Ban, 
TIMES UNION (May 18, 2021, 3:46 PM), https://www.timesunion.com/news/article/Farmers 
-say-seed-ban-would-hit-them-in-16185436.php [https://perma.cc/432D-EGDZ].
62 Id.
63 Spyridon Mourtzinis et al., Neonicotinoid Seed Treatments of Soybean Provide 
Negligible Benefits to US Farmers, 9 NATURE 1, 1 (2019), https://www.nature.com/articles 
/s41598-019-47442-8.pdf [https://perma.cc/7M5K-EVR6]. 
64 Id. 
65 Id. 
244 J. ENV’T LAW AND LITIGATION [Vol. 38, 233 
that the unique challenges they face daily can be remedied only by 
using neonicotinoids and that the economic security neonicotinoids can 
provide is essential to a farmer’s livelihood.66  
The economic justifications for using neonicotinoids are closely 
related to the significant economic value of pollinators like honeybees. 
Commercial honeybee operations are essential to agricultural 
production in the United States, pollinating $15 billion worth of food 
crops each year.67 Approximately one hundred flowering food crops 
grown in the United States are pollinated by honeybees, including nuts, 
avocados, soybeans, citrus fruit, peaches, and animal-feed crops such 
as clover grown for feeding dairy cows.68 To combat the environmental 
concerns that have emerged over neonicotinoid use, entities that rely 
on the economic benefits of honeybees, such as the California Almond 
Board, encourage their members to plant pollinator habitats near or 
within their orchards.69 These pollinator habitats provide honeybees 
with additional food sources aside from almond blooms and provide 
the added benefit of improving carbon sequestration, enhancing soil 
health, and boosting water infiltration.70  
Beyond increases in direct costs, farmers and agricultural advocates 
have begun to determine that neglecting to use neonicotinoids could 
cause a decline in their yields, affecting both revenue and “how many 
people they could feed both domestically and internationally.”71 
Numerous growers across different crops and regions noted an increase 
in yield resulting from treatment with neonicotinoids, expressing 
that this yield bump was a combination of both the insecticide 
protecting the plant from insect pressure and what they described as a 
“plant growth regulator effect.”72 Farmers also found that applying 
neonicotinoid treatments to young plants allowed the plants to emerge 
66 George Smith, ‘Disappointing’ and ‘Unjustified’: Farmers React to Neonicotinoid 
Ban, NEW FOOD MAG. (Apr. 30, 2018), https://www.newfoodmagazine.com/news/66517 
/neonicotinoids-european-commission/ [https://perma.cc/FLR8-SH2M]. 
67 Josh Woods, US Beekeepers Continue to Report High Colony Loss Rates, No Clear 
Progression Toward Improvement, AUBURN UNIV. (June 25, 2021), https://ocm.auburn.edu 
/newsroom/news_articles/2021/06/241121-honey-bee-annual-loss-survey-results.php 
[https://perma.cc/ZF6F-2CRC]. 
68 Silence of the Bees: Impact of CCD on U.S. Agriculture, PBS (July 20, 2009), https:// 
www.pbs.org/wnet/nature/silence-of-the-bees-impact-of-ccd-on-us-agriculture/37/ [https:// 
perma.cc/T72D-6D5E]. 
69 See Nature’s Perfect Duo, CAL. ALMONDS, https://www.almonds.com/why-almonds 
/growing-good/honey-bees [https://perma.cc/5JL3-N4S9] (last visited Mar. 10, 2022). 
70 Id. 
71 See SHAW & GENSKOW, supra note 15, at 7.
72 Id.  
2023] The Price of Pesticides: Environmental and Economic 245 
Impacts of Using Neonicotinoids in Agriculture 
healthier and stronger due to reduced pest pressure, which in turn led 
to further benefits, such as better resistance to extreme weather.73 
Finally, farmers are wary of alternative options to neonicotinoids. 
Alternative insecticides or pest control strategies are readily available, 
existing for many relevant target pests.74 Reluctance to make this 
switch largely stems from the fact that shifting away from the use of 
neonicotinoids normally results in direct or indirect costs to users.75 
When farmers choose to use a neonicotinoid insecticide, they typically 
do so because those products are considered the best option when 
considering factors such as “price, efficacy, safety, [and] insecticide 
rotation pattern . . . .”76  
Neonicotinoids are particularly valued by farmers who use them in 
IPM programs.77 IPM programs use neonicotinoids to selectively 
control insect pests, allowing farmers to keep beneficial insects alive 
and potential insect pests in check.78 Neglecting to use neonicotinoids 
implies greater reliance on two chemical classes: pyrethroids and 
organophosphates.79 Reliance on these classes increases the probability 
that pests will develop resistance to pesticides more quickly, since the 
level of pest control that alternative pesticides provide differs 
significantly from the level of pest control neonicotinoids provide.80 
Thus, neonicotinoids’ value lies in the expected increase in benefits 
from using the neonicotinoid product instead of the stagnant results that 
occur when using the best available non-neonicotinoid pest control 
products.81 
B. The Disadvantages of Neonicotinoids Outweigh Their
Economic Benefits 
The benefits of neonicotinoid use are offset by greater risks. One 
such risk is exposure to neonicotinoids through dust released during 
seed coating at planting and the unavoidable need to apply more 
73 See id. at 7–8. 
74 See GROUT ET AL., supra note 9, at 99. 
75 Id. at 21. 
76 Id.  
77 See Integrated Pest Management, supra note 12. 
78 Id. 
79 AGINFOMATICS, THE VALUE OF NEONICOTINOIDS IN NORTH AMERICAN 
AGRICULTURE: EXECUTIVE SUMMARY 8 (2015), https://aginfomatics.com/uploads/3/4/2/2 
/34223974/executive_summary_neonicotinoids.pdf [https://perma.cc/ZH6J-KCLC]. 
80 Id. at 10. 
81 GROUT ET AL., supra note 9, at 21. 
246 J. ENV’T LAW AND LITIGATION [Vol. 38, 233 
insecticide per unit.82 Insecticides can be transported by dust that drifts 
from treated seeds and aerosols at their application site to a site where 
pollinators and people are present, such as wildflowers and soils on 
nearby properties.83 When neonicotinoid seed treatments are applied to 
seeds, insects are more likely to ingest a lethal dose of the pesticide due 
to neonicotinoids’ ability to move into the plant through its roots and 
vascular system.84 Although studies are still in the preliminary stages, 
researchers have found that chronic and acute exposures to 
neonicotinoids can cause a variety of neurological and developmental 
disorders in humans and other mammals.85 These potential risks to 
human health, on top of the detriment to honeybee health, illustrate the 
disadvantages of neonicotinoid use. 
Solutions like those proposed by the California Almond Board, 
while not infallible, do suggest that farmers and agricultural entities can 
strike a balance between maintaining economic gain and environmental 
protection if they so choose.  
C. The Power Imbalance Between Small-Scale Farms and
Big Corporations 
Rapid advancements in the American agricultural industry over the 
last forty years have highly concentrated the United States’ food supply 
chain and caused a handful of giant multinational corporations to 
control the market.86 This concentration has led to a crisis among 
farmers and others in rural communities who survive on agriculturally 
driven economies.87 The monopolies created by large agribusinesses 
have led to a decrease in food quality and negative effects on 
agriculture’s environmental footprint, making concentration in 
agriculture a concern for urban and rural communities alike.88 
Large-scale farmers are quick to position themselves as business 
owners making choices that benefit their economic interests and 
maintain that the current realities of the economy leave them with no 
82 Id. at 196. 
83 Id. at 195. 
84 HOPWOOD ET AL., supra note 7, at 6. 
85 Andrea M. Cimino et al., Effects of Neonicotinoid Pesticide Exposure on Human 
Health: A Systematic Review, 125 ENV’T HEALTH PERSPS. 155, 156 (2017). 
86 CLAIRE KELLOWAY & SARAH MILLER, FOOD AND POWER: ADDRESSING 
MONOPOLIZATION IN AMERICA’S FOOD SYSTEM 3 (2021), https://static1.squarespace.com 
/static/5e449c8c3ef68d752f3e70dc/t/614a2ebebf7d510debfd53f3/1632251583273/200921
_MonopolyFoodReport_endnote_v3.pdf [https://perma.cc/6WQK-MCEA]. 
87 Id. at 2. 
88 Id. at 2–3. 
2023] The Price of Pesticides: Environmental and Economic 247 
Impacts of Using Neonicotinoids in Agriculture 
choice but to use neonicotinoids. Small-scale farmers, however, tell 
a different story. Today, virtually all American seed farmers must 
purchase seeds and pesticides from a small subset of giant 
agribusinesses.89 Farmers are forced to choose between conglomerates 
like Bayer, which absorbed notorious agrichemical company Monsanto 
in 2018, or Sygenta, the world’s largest manufacturer of 
agrichemicals.90 The rapid consolidation of companies like Bayer and 
Sygenta has caused farm inputs to skyrocket in price, resulting in these 
inputs exceeding the value of profits farmers receive for selling their 
crops.91 Corporations use seed and chemical “product pairings” to gain 
and retain control over their producers.92 These “product pairings” all 
but force farmers into a sort of “pesticide treadmill” that causes a 
damaging dependency on seed and chemical inputs to produce healthy 
crops.93 
Not all farmers are in favor of a world where conglomerates like 
Bayer and Sygenta dominate the agricultural industry. One farmer in 
New York articulated this view by stating that a “simplistic, extractive 
approach” like the one currently used in the agribusiness industry 
should not suffice, and that farming based on a “holistic, sustainable 
approach” would be the best way forward for farmers and the 
environment.94 This point of view, while not representative of every 
farmer’s opinion, signals that many small farmers are interested in 
pursuing alternative practices that would better benefit their farms and 
the environment. 
The overwhelming amount of influence that a select number of 
wealthy and powerful agribusinesses exert over American farmers 
presents great cause for concern. The lack of choice in the marketplace, 
especially when it comes to pesticides, puts small family farms at a 
significant disadvantage. To have any hope of competing in the 
marketplace, small farmers often feel pressured to use neonicotinoids 
to keep up with large farms and the gigantic corporations that support 
them, reemphasizing the need for practical economic alternatives. 
89 Id. at 6. 
90 Id. at 7. 
91 Id. at 6. 
92 Id.  
93 Id. 
94 Chris Torres, 2 Farmers Offer Differing Views on Neonics, AMERICAN 
AGRICULTURIST (July 9, 2021), https://www.farmprogress.com/commentary/2-farmers-offer 
-differing-views-neonics [https://perma.cc/7XMZ-TGNC] (quoting Yusuf Harper, farmer
and president of Pure Grown in Chenango County, New York).
248 J. ENV’T LAW AND LITIGATION [Vol. 38, 233 
D. Viable Economic Alternatives to Neonicotinoids
Among the concerns raised by the possibility of reducing or 
eliminating neonicotinoid application is the potential for more harmful 
insecticides to take their place.95 Despite these concerns, early research 
suggests that viable alternatives to neonicotinoids do exist and that 
application of these alternatives can lessen the negative consequences 
of neonicotinoids on the environment and the farmers who choose to 
apply them. In a small study of twenty-eight specific cases, researchers 
were able to identify both chemical and nonchemical substitutable 
alternatives for most neonicotinoid uses.96 Another study showed that 
certain systemic insecticides, like azadirachtin, an insecticide that does 
not persist in the environment and does not present significant risk 
to most nontarget vertebrates, can act as promising alternatives to 
neonicotinoids.97 
Although the research and development surrounding alternatives to 
neonicotinoids is still ongoing, the fact that alternatives are available 
and companies are working to produce them is a sign that neonicotinoid 
use could soon become obsolete. 
III 
THE LACK OF LEGAL VIABILITY FOR NEONICOTINOID USE 
A. Further Evidence of the Negative Impact of Neonicotinoids:
The Federal Insecticide, Fungicide, and Rodenticide Act
The introduction of various state and federal legislation related to 
the regulation of neonicotinoids demonstrates that neonicotinoid use is 
an issue that has garnered the concern of legislatures across the United 
States. The environmental issues posed by neonicotinoids have been a 
hot topic around the world for over ten years. Legislation aiming to 
restrain or prohibit neonicotinoid use has only gained traction over the 
last half decade, but legislation broadly related to pesticides has existed 
for much longer. Perhaps the most well-known piece of federal 
legislation related to pesticides is the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA), first enacted in 1947.98 FIFRA prohibits 
95 GURIAN-SHERMAN, supra note 57, at 52. 
96 Hervé Jactel et al., Alternatives to Neonicotinoids, 129 ENV’T INT’L 423, 425 (2019). 
97 Lorenzo Furlan & David Kreutzweiser, Alternatives to Neonicotinoid Insecticides for 
Pest Control: Case Studies in Agriculture and Forestry, 22 ENV’T SCI. POLLUTION RSCH. 
INT’L 135, 142 (2015). 
98 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Federal Facilities, 
ENV’T PROT. AGENCY, https://www.epa.gov/enforcement/federal-insecticide-fungicide-and 
2023] The Price of Pesticides: Environmental and Economic 249 
Impacts of Using Neonicotinoids in Agriculture 
the sale of pesticides that lack approval and registration by the EPA.99 
All new pesticides bought and sold in the United States go through the 
EPA’s approval process, which stipulates that applicants show that the 
pesticide “will not generally cause unreasonable adverse effects on the 
environment,” among other requirements.100 The term “unreasonable 
adverse effects on the environment” is defined under FIFRA as 
“(1) any unreasonable risk to man or the environment, taking into 
account the economic, social, and environmental costs and benefits of 
the use of any pesticide, or (2) a human dietary risk from residues that 
result from a use of a pesticide in or on any food inconsistent with the 
standard under section 408 of the Federal Food, Drug, and Cosmetic 
Act.”101  
The United States Department of Agriculture (USDA) initially 
administered FIFRA, since FIFRA was primarily intended to require 
pesticides to be labeled accurately and to give farmers the ability to 
make their own decisions about pesticide application.102 Concerns 
about pesticides’ toxic effects on applicators, nontarget organisms, the 
environment, and food have led to major changes to FIFRA from its 
original form.103 In 2003, the Pesticide Registration Improvement Act 
amended FIFRA to strengthen the enforcement provision, broaden the 
act’s legal power to protect the environment, and regulate the use of 
pesticides, among other reforms.104 These reforms have helped limit the 
use of neonicotinoids, leading to better outcomes for honeybee health. 
The broad range of responsibilities the EPA has in managing 
pesticides under FIFRA should have, in theory, meant that pesticides 
with harmful ingredients like neonicotinoids never gained approval. 
However, the EPA has approved the use of neonicotinoids time 
and time again, even as evidence begins to pile up suggesting their 
negative environmental impact. In 2019, the EPA granted emergency 
exceptions under FIFRA for the use of clothianidin, thiamethoxam, and 
-rodenticide-act-fifra-and-federal-facilities [https://perma.cc/9DTS-N4Y4] (last updated
Apr. 8, 2023) [hereinafter FIFRA and Federal Facilities].
99 Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a(a). 
100 Summary of the Federal Insecticide, Fungicide, and Rodenticide Act, ENV’T PROT. 
AGENCY, https://www.epa.gov/laws-regulations/summary-federal-insecticide-fungicide-and 
-rodenticide-act [https://perma.cc/9DYB-HLDP] (last updated Apr. 8, 2023) [hereinafter
FIFRA Summary].
101 Id. 
102 FIFRA and Federal Facilities, supra note 98. 
103 Id.  
104 Id.  
250 J. ENV’T LAW AND LITIGATION [Vol. 38, 233 
dinotefuran,105 some of the most potent neonicotinoids, but did not 
define the need for the emergency declaration. The EPA approved this 
emergency use on almost 400,000 acres of flowering fruit trees and rice 
crops,106 all of which require honeybee pollination. Of the nine 
neonicotinoid approvals granted in 2019, five were handed out for nine 
consecutive years prior for the same emergency.107 By arbitrarily 
approving the use of neonicotinoids in the name of an emergency, the 
EPA failed to recognize and protect against the harmful effects of 
neonicotinoids. 
By 2020, the EPA had changed its tune, further providing evidence 
of the negative impacts of neonicotinoid use. Proposed interim 
decisions for acetamiprid, clothianidin, dinotefuran, imidacloprid, and 
thiamethoxam were released and included requiring new management 
measures.108 These measures aimed to reduce the amount of pesticides 
used on crops, restrict permissions to apply pesticides to crops, and 
update pesticide labels.109 These interim decisions were made in an 
attempt to protect pollinators and regulate neonicotinoid use more 
closely.110 The EPA built upon this progress in 2021, issuing draft 
biological evaluations for clothianidin, imidacloprid, and 
thiamethoxam, determining that each of these chemicals were “likely 
to adversely affect certain listed species or their designated critical 
habitats.”111 Additionally, the use of chlorpyrifos, a pesticide that has 
come under scrutiny similar to that of neonicotinoids, was restricted for 
agricultural use by the EPA in August 2021.112 The steps taken by the 
EPA to restrict the use of harmful pesticides are positive but signal that 
progress through federal agencies is slow and arduous. Fluctuations in 
the priorities of presidential administrations and a severely polarized 
Congress can lead to even further delays, making reliance on the EPA 
alone an imperfect solution. Proposed legislation at the state and federal 
105 Trump EPA, supra note 18. 
106 Id. 
107 Id. 
108 EPA Actions to Protect Pollinators, ENV’T PROT. AGENCY, https://www.epa.gov 
/pollinator-protection/epa-actions-protect-pollinators [https://perma.cc/GU3G-Q53R] (last 
updated Apr. 8, 2023). 
109 Id. 
110 Id. 
111 EPA Releases Draft Biological Evaluations of Three Neonicotinoids for Public 
Comment, ENV’T PROT. AGENCY (Aug. 26, 2021), https://www.epa.gov/pesticides/epa 
-releases-draft-biological-evaluations-three-neonicotinoids-public-comment [https://perma
.cc/68C2-SJRH].
112 Frabotta, supra note 19. 
2023] The Price of Pesticides: Environmental and Economic 251 
Impacts of Using Neonicotinoids in Agriculture 
levels aiming to restrict neonicotinoid application can help ease the 
burden on the EPA and ensure neonicotinoid use is properly regulated. 
B. Where We Are Now:
Federal and State Neonicotinoid Legislation 
Efforts to enact legislation to restrict or prohibit the use of 
neonicotinoids have been stonewalled in Congress over the past few 
years. In 2019, Oregon Congressman Earl Blumenauer introduced the 
Saving America’s Pollinators Act, which aimed to establish a federal 
Pollinator Protection Board and would have canceled the registrations 
of any neonicotinoid pesticides.113 The Pollinator Protection Board 
would have been housed under the EPA and would have assisted in the 
development of “an independent review process for pesticides that pose 
a threat to pollinators and pollinator habitat.”114 The bill died in 
committee but was reintroduced by Blumenauer and Congressman Jim 
McGovern of Massachusetts in 2021.115 The 2021 version of the Act 
closely resembles the 2019 version and expands upon the duties 
of the proposed Pollinator Protection Board.116 The bill, despite 
enjoying support from over seventy cosponsors, is currently stalled in 
committee.117  
Senator Cory Booker of New Jersey recently introduced a bill in the 
Senate—the Protect America’s Children from Toxic Pesticides Act—
that aims to completely ban the use of neonicotinoid insecticides.118 
Booker’s bill points out the EPA’s slow review process of harmful 
pesticides under FIFRA and would require the EPA to take continued, 
quick action to review and eliminate said pesticides.119 The bill would 
also limit the EPA’s power to issue emergency exceptions.120 The bill 
has failed to gain much traction in the Senate, and currently sits in the 
Senate Committee on Agriculture, Nutrition, and Forestry.121 
113 Saving America’s Pollinators Act, H.R. 1337, 116th Cong. (2019). 
114 Id. § 3(a). 
115 Legislation to Save the Bees, supra note 23. 
116 Saving America’s Pollinators Act of 2021, H.R. 4079, 117th Cong. (2021). 
117 Id. (The legislation has not moved out of the House Agriculture Subcommittee on 
Biotechnology, Horticulture, and Research.). 
118 S. 3283, 117th Cong. (2021). 
119 Id. 
120 Id. § 7. 
121 S. 3283. (The legislation has not moved out of the Senate Committee on Agriculture, 
Nutrition, and Forestry.). 
252 J. ENV’T LAW AND LITIGATION [Vol. 38, 233 
Bills introduced in state legislatures across the United States have 
opted for a slightly less ambitious approach. Oregon was one of the 
first states to take action to restrict neonicotinoid use by passing the 
Save Oregon Pollinators Act in 2014.122 The Save Oregon Pollinators 
Act requires the Oregon Department of Agriculture to work with 
Oregon State University to develop educational materials regarding 
best practices for avoiding the adverse effects of pesticides on 
populations of bees and other pollinating insects, and it requires that 
these materials be made part of trainings for pesticide applicator 
licensing examinations.123 In 2016, Maryland’s General Assembly 
passed similar legislation called The Pollinator Protection Act.124 The 
Pollinator Protection Act restricts consumer use of neonicotinoids by 
requiring retailers that possess and sell neonicotinoids for outdoor use 
to obtain a Restricted Use Pesticide (RUP) permit.125  
These statewide victories, while small, indicate that making 
incremental legislative changes to neonicotinoid regulations may be the 
most effective method for bringing about change. The proposals at the 
federal level to completely end the use of neonicotinoids are bold, but 
the influence of large corporations in the agricultural space, coupled 
with a politically polarized Congress, makes accomplishing these 
lofty environmental goals difficult. Moving forward, it is likely that 
environmental advocates will find the most success with gradual 
implementation of restrictions to neonicotinoid application. 
C. Legal Challenges to the Use of Neonicotinoids
Numerous lawsuits have been filed over the past decade by 
environmental advocates seeking legal recourse for the damage that 
neonicotinoids inflict on pollinators. In 2013, the Center for Food 
Safety led a large group of plaintiffs in filing a civil suit against the 
122 Legislative/Policy Victories in 2014, BEYOND TOXICS, https://www.beyondtoxics.org 
/work-2/accomplishments-of-the-save-oregons-bees-campaign/ [https://perma.cc/HY3X 
-BMXX] (last visited Nov. 18, 2022); see H.B. 4139, 77th Legis. Assemb., Reg. Sess. (Or.
2014).
123 H.B. 4139. 
124 Maryland Becomes the First State in the Country to Restrict Bee-Killing Pesticides, 
MD. PESTICIDE NETWORK, https://mdpestnet.org/take-action/smart-on-pesticides-maryland
/pollinator-protection-act-passes/ [https://perma.cc/PUC8-98KN] (last visited Apr. 8, 2023).
125 Information Sheet: Pollinator Protection Act of 2016, MD. DEP’T. OF AGRIC. 
PESTICIDE REGUL. SECTION, https://mda.maryland.gov/plants-pests/Documents/Pollinator 
ProtectionActFactSheet.pdf [https://perma.cc/EFZ5-BSJQ] (last visited Apr. 8, 2023). 
2023] The Price of Pesticides: Environmental and Economic 253 
Impacts of Using Neonicotinoids in Agriculture 
EPA.126 The plaintiffs’ complaint alleged that the EPA had failed to 
protect pollinators from dangerous pesticides and failed to suspend 
registering insecticides that have been identified as being highly toxic 
to honeybees, such as neonicotinoids.127 The lawsuit also challenged 
“conditional registrations” for toxic pesticides, which allowed the 
EPA to expedite commercialization of pesticides by bypassing 
premarket review.128 The case settled in 2019, with pesticide makers 
and environmental advocates agreeing to voluntarily cancel 
registrations for pesticides that contain clothianidin and thiamethoxam 
neonicotinoids.129 As part of the settlement, the parties in the lawsuit 
agreed that the EPA will complete biological evaluations on the 
impacts of neonicotinoids on endangered species in 2022.130 The 
Center for Food Safety filed another lawsuit against the EPA in late 
2021, alleging that the agency failed to regulate seeds coated with 
neonicotinoids.131 The lawsuit stems from a rulemaking petition the 
Center filed in 2017, which demanded that the EPA close a regulatory 
loophole allowing seeds coated with systemic pesticides to evade the 
registration and labeling requirements of FIFRA.132 If the court grants 
the plaintiffs’ request, the EPA will be required to formally respond to 
the Center’s 2017 petition.133 The EPA can either deny the petition or 
begin drafting the rule, which could lead to pesticide-coated seeds no 
longer qualifying for the treated article exemption.134 
The trends in legislative and legal action over the past decade 
suggest that state legislatures and district courts will likely be the 
126 Paul Towers et al., Beekeepers and Public Interest Groups Sue EPA Over Bee-Toxic 
Pesticides, PESTICIDE ACTION NETWORK (Mar. 21, 2013), https://www.panna.org/press 
-release/beekeepers-and-public-interest-groups-sue-epa-over-bee-toxic-pesticides
[https://perma.cc/454N-4J5N].
127 Id. 
128 Id. 
129 Steve Davies, Neonicotinoid Makers, Enviros Both Applaud Settlement, AGRI PULSE 
(May 29, 2019, 6:35 AM), https://www.agri-pulse.com/articles/12245-neonicotinoid-makers 
-enviros-both-applaud-settlement [https://perma.cc/D8F8-E9PA].
130 Id.
131 EPA Sued Over Failure to Close Pesticide-Coated Seed Loophole Killing Bees and
Endangered Species, CTR. FOR FOOD SAFETY (Dec. 15, 2021), https://www.centerforfood
safety.org/press-releases/6531/epa-sued-over-failure-to-close-pesticide-coated-seed-loophole
-killing-bees-and-endangered-species [https://perma.cc/3BMC-NQ6Z].
132 Id.
133 Brigit Rollins, Environmental Groups Challenge EPA Over Treated Seeds, NAT’L 
AGRIC. L. CTR. (Mar. 3, 2022), https://nationalaglawcenter.org/environmental-groups
-challenge-epa-over-treated-seeds/ [https://perma.cc/Z7RQ-UTG2].
134 Id.
254 J. ENV’T LAW AND LITIGATION [Vol. 38, 233 
primary sites of legislative and legal battles about the use of 
neonicotinoids in the future. Environmental advocates will likely 
continue to challenge the EPA and its actions under FIFRA, while 
agricultural advocates will likely continue to push back against 
proposed restrictions to pesticide application. The controversial 
prevalence of neonicotinoid application in American agriculture means 
that these legal and legislative conflicts will undoubtedly continue to 
exist moving forward. 
CONCLUSION 
The environmental harm caused by using neonicotinoids in 
agriculture far outweighs their potential economic benefits. Research 
linking neonicotinoid application to harm caused to honeybees and the 
environment clearly indicates that neonicotinoid use must be restricted. 
The price of pesticides is simply too high to justify putting honeybees 
and our earth in peril. Moving forward, farmers, scientists, and 
advocates must collaborate and compromise to create a balance 
between economic stability and environmental conservation.