On Thursday, the High Court cut short Friends of the Earth’s legal challenge, mounted against Defra’s decision to grant emergency use of neonicotinoid insecticides at the behest of the NFU.

The derogation, announced in late July, was mired in controversy; the two neonicotinoid pesticides in question are subject to strict EU restrictions over evidence of their effects on bee health, and allegations were made that government pesticide advisors were gagged following the NFU’s unsuccessful first application.

Senior NFU members said they were “extremely pleased” by the ruling. NFU combinable crops board chair Mike Hambly commented, “The NFU has fought for many months for its members who are struggling to establish oilseed rape crops in areas of high cabbage stem flea beetle pressure. Since restrictions on neonicotinoid use were put in place in December 2013, the damage caused by this pest has been a widespread problem. The seed treatment provides an efficient and targeted solution.”

However, Friends of the Earth said it is considering taking the case to the Court of Appeal.

Dave Timms, the environment group’s bee spokesperson said, “We believe this ruling is flawed, ignores important facts and gives too much credibility to pesticide industry evidence to support the use of its own products. We are now considering an appeal.
 
“Our legal challenge has revealed fundamental flaws with the decision-making process for these emergency authorisations, which was shrouded in secrecy until the government was forced to provide crucial papers to us.”
 
Timms repeated, “The Government’s decision was too dependent on evidence provided by the pesticide firms, who have a direct commercial interest in these chemicals and seeing the ban on neonicotinoids lifted.” and added, “The delays in getting vital information from the Government to bring this case to court means that that even if we had gained permission to proceed, it would have been too late to prevent the seeds form being sown and bees from being exposed to risk this year.”
 
The charity’s legal challenge raised a number of questions around the government’s derogation, including concerns that non-chemical pest control methods weren’t given adequate condiseration (FoE said the DEFRA Chief Scientist’s recommendations that neonicotinoid treated seeds should only be given to farmers who had tried other non-chemical ways to control pests, was apparently ignored).