Environmental Protection Agency unconditional registration of sulfoxaflor pesticide under Federal Insecticide, Fungicide, and Rodenticide Act is not based on substantial evidence and must be vacated, because: (1) EPA determined that pesticide is highly toxic to bees, that potential hazard to bees from pesticide exposure exists, and that additional studies were necessary to evaluate effects of pesticide on bees; (2) inadequate studies and data do not provide substantial evidence for determining that authorized use of pesticide will not cause adverse effects on bees; and (3) leaving registration in place risks more potential harm than vacating registration and on remand EPA may make different decision on registering pesticide.
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