Just like debates about the causes of CCD or other bee ailments, there was
room for the debate in EPA's approval. The court decided to give more weight
to the beekeeping lobby. No law was made. 

    
You could make that point, you could also make the point which I choose,  in
that the EPA has a process in which the rules as set forth are and were
followed.  What is interesting about this is that the plaintiffs cited
declining bee numbers.  The numbers cited appear to be summer losses from
Dennis's survey.  When actual bee numbers are on the rise?  

What is happening is these judges (the most overturned in the nation)
decided they didn't like the process of approval.  Or more specifically the
answer in this case.  You can cite case law all you like,  but its not way
it supposed to work, and we know it.   We have a legal process,  in this
case it was EPA approval or denial.  Our Federal government established a
review process which was approved and has been in place for decades, and
thousands of chemicals.  This case was not about the review process.  It was
about one(for now) pesticide  and certain groups opinions of the data.  No
judicial review of data (it would not of been legal either)  Just a suit on
behalf of SOME beekeepers. (some is highlighted as many of us avoid these
groups because they do NOT represent us)

Obviously many very Learned parties being, lawyers and judges on both sides,
do not agree either so its no surprise you and I have different opinions.
It is mine that the circuit court is rewriting the EPA requirements process,
and trying to order DOW to prove a negative. We and everyone knows Suffloxor
and many others are bad for bees.  In this case is seems the court is trying
to tell us what we know.  They should have issued a ban on flyswatters also
as improperly used they are bad for bees also.


It is my  and many others opinion in this case the courts are re-writing the
EPA rules and guidelines to suit themselves.  By sending it back for "more
data" to prove something that is impossible to prove,  they are in effect
making up their own rules.

Many, many laws and guidelines that a lot of us think are nonsense, but have
to follow.  Where do we draw these lines?? Difficult decisions in these
days,  no doubt.

Charles

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