California's Supreme Court rules bees and insects protected

SACRAMENTO, CA—The California Supreme Court rejected a petition by agribusiness and pesticide industry groups, leaving a lower court decision that insects and other invertebrates can be protected under the state’s Endangered Species Act.

The recent decision upholds a May 2022 Court of Appeals ruling that insects and other invertebrates can be protected by the California Endangered Species Act, or CESA. This includes four species of native bumblebees that the Center for Food Safety petitioned the state of California to protect in 2018, along with the Xerces Society and Defenders of Wildlife.

“We are thrilled that the Court of Appeal’s decision that insects can be protected under California’s Endangered Species Act will be left in place,” Jenny Loda, staff attorney at CFS, said in a news release. “Insects, including bumblebees and other pollinators, are declining in California and worldwide, and need all the help they can get. With today’s news, protections can soon be restored for the four imperiled bumblebee species, and they will return to being the first insects included on CESA’s candidate list.”

Native bumblebees are essential to agricultural production and native ecosystems. More than one quarter of all North American bumblebees risk extinction, according to Xerces and the International Union for Conservation of Nature Bumblebee Specialist Group.

“With one out of every three bites of food we eat coming from a crop pollinated by bees, this court decision is critical to protecting our food supply,” Rebecca Spector, west coast director at center for food safety, said in the release. “Today’s decision codifies that insects such as bees qualify for protections under CESA, which are necessary to ensure that populations of endangered species can survive and thrive.”

About one-third of all food production depends on pollinators, and 75% of all fruits and vegetables produce higher yields when visited by pollinators. According to the release, California accounts for more than 13% of the nation’s total agricultural value and protecting these four bee pollinator species is key to protecting California's agricultural legacy. Across the U.S., native insects contribute an estimated $70 billion each year to the economy through their pollination services.

Protecting these vital species has been delayed the past four years due to legal actions by industry groups, according to the release.

Timeline of legal action:

• In 2018, CFS, Xerces and Defenders petitioned the California Fish and Game Commission to list the four species of native bumblebees as endangered under CESA;
• The commission began the listing process in 2019, but was sued by a consortium of California agricultural interests;
• In 2020, the trial court sided with the agricultural groups; and
• In February 2021, conservation groups, CDFW and the CFGC to launched an appeal.

The recent California Supreme Court ruling upholds the 2022 Appeals Court ruling that these insects and invertebrates are protected by the state’s Endangered Species Act.