OEP investigation finds breach of environmental law over neonicotinoid pesticide authorisation

The Office for Environmental Protection (OEP) has this week concluded that Defra’s decision to authorise the use of the restricted neonicotinoid pesticide ‘Cruiser SB’ was in breach of environmental law, due to a failure to consider the impacts on protected sites. 

Cruiser SB poses a serious risk to pollinators like honeybees and some freshwater species. Reports by the Health and Safety Executive (HSE) and the Expert Committee on Pesticides expressed serious concerns about its active ingredient thiamethoxam, pointing out that even non-lethal doses could compromise pollinators' ability to forage and navigate. However, the previous government authorised repeated uses of the pesticide to kill aphids on sugar beet crops, despite the substance being banned in the EU.

Following a detailed legal complaint brought by ClientEarth, the OEP conducted an investigation into the lawfulness of the authorisations. The OEP has now concluded that Defra broke environmental law by failing to adequately consider the impact on protected sites (European and SSSIs).

Defra has subsequently proposed a permanent ban on neonicotinoids, and last year announced that Cruiser SB would not be reapproved for 2025. Defra has also stated that it will update the assessment process for granting emergency authorisations in future so that potential impacts upon protected sites are appropriately considered. 

Alex Shattock assisted ClientEarth with the complaint, as part of a legal team with Kyle Lischak and Lucy Metcalfe.