RELEASE: California Court Paves the Way for Protection of Imperiled Bumble Bees and Other Insects

For Immediate Release, May 31, 2022
 

Contacts:

Sarina Jepsen, the Xerces Society, (971) 244-3727, [email protected]

Jenny Loda, Center for Food Safety, (515) 441-1636, [email protected]

Peter Clerkin, Defenders of Wildlife, (202) 682-9400, [email protected]

Matthew J. Sanders, Stanford Environmental Law Clinic, (650) 736-8775, [email protected]
 

SACRAMENTO, Calif.—Today, California’s Third District Court of Appeal ruled that the California Endangered Species Act (CESA) can protect invertebrates, including four species of imperiled native bumble bees that the Xerces Society for Invertebrate Conservation (Xerces), the Center for Food Safety (CFS), and Defenders of Wildlife (Defenders) petitioned the State of California to protect in 2018.

The Stanford Environmental Law Clinic represented the conservation groups in this appeal, which challenged a 2020 decision by the Sacramento County Superior Court that the California Fish and Game Commission (the Commission) lacked authority to list invertebrates under CESA, including the four bumble bee species at issue in this case. The Commission, along with the California Department of Fish and Wildlife (CDFW), also filed an appeal to challenge the trial court’s ruling.

“We are celebrating today’s decision that insects and other invertebrates are eligible for protection under CESA. The Court’s decision allows California to protect some of its most endangered pollinators, a step which will contribute to the resilience of the state’s native ecosystems and farms,” said Sarina Jepsen, Xerces Society’s Director of Endangered Species.

This decision paves the way for critical protections needed for four imperiled bumble bee species that occur in California, as well as allowing the Commission to protect other imperiled insects under CESA. CESA provides protection for some of the most vulnerable plants and animals in California and provides a pathway to recover populations of these species so they will not go extinct.  

“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,” said Rebecca Spector, West Coast Director at Center for Food Safety. “The decision clarifies that insects such as bees qualify for protections under CESA, which are necessary to ensure that populations of endangered species can survive and thrive.”

In 2018, Xerces, CFS, and Defenders petitioned the Commission to list the four species of native bumble bees as endangered under CESA. As a result of the groups’ petition, the Commission voted to begin the listing process in 2019, but was sued by a consortium of California’s large scale industrial agricultural interests shortly after its decision. The agricultural consortium argued that insects, such as the four bumble bee species, may not be listed for protection under CESA, and the trial court sided with the consortium of large industrial agricultural groups in November 2020, prompting the conservation groups, CDFW, and the Commission to launch an appeal in February 2021.

“It is a great day for California’s bumble bees. Today’s decision confirms that California Endangered Species Act protections apply to all of our state’s imperiled native species and is critical to protecting our state’s renown biodiversity,” said Pamela Flick, California Program Director with Defenders of Wildlife. “Bees and other pollinators are integral to healthy ecosystems and the crucial pollination services they provide serve all of us, making this decision exponentially more consequential.”

Bumble bees are essential pollinators, and the loss of bumble bees can have far ranging ecological consequences. Alarmingly, recent work by the Xerces Society in concert with International Union for Conservation of Nature (IUCN) Bumble Bee Specialist Group indicates that more than one quarter (28%) of all North American bumble bees are at risk of extinction. This decision not only allows protection for four highly imperiled species of bumble bee to move forward, it also clarifies California’s ability to protect other insects, like the monarch butterfly. Millions of monarch butterflies used to call California home but the California population has declined by 95% since the 1980s, threatening an end to one of nature’s most dazzling displays in the majestic coastal monarch groves.

Sam Joyce, a certified law student with the Stanford Environmental Law Clinic who argued the case in the Third District, said of the court’s decision: “CESA is one of the important tools we have to protect and restore endangered species. The court’s ruling, which is grounded in the California Legislature’s plain words and intent, ensures that CESA will fulfill its purpose of conserving ‘any endangered species’ by protecting the full range of California’s biodiversity, including terrestrial invertebrates.”

Protecting these species will help to maintain the healthy ecosystems that make California such a remarkable and productive state.

Over 80% of all terrestrial plant species require an animal pollinator (usually an insect) to reproduce. About one-third of food production depends on pollinators, and 75% of all fruits and vegetables produce higher yields when visited by pollinators. California accounts for more than 13% of the nation’s total agricultural value, and protecting these four bee pollinators is an important component of protecting California’s agricultural legacy. Across the U.S., native insects contribute an estimated $70 billion per year to the economy through their pollination services.

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Bumble Bee Profiles

• Crotch’s bumble bee (Bombus crotchii), a bee with yellow, black, and often orange on its abdomen, is considered Endangered by the International Union of the Conservation of Nature (IUCN); it only persists in 20% of its historical range, and has declined by 98% in relative abundance (its abundance relative to other species of bumble bees). This bee historically occurred from the northern Central Valley to Baja Mexico, but currently persists primarily in southern coastal habitats and some areas to the north and southwest of Sacramento.

• The western bumble bee (Bombus occidentalis) has a range that extends across the western U.S. and southern Canada. In California, it was historically known from the northern part of the state, the coastal region, and the mountains. It currently persists primarily in the Sierra Nevada; its relative abundance has declined by 84%.

• The Suckley cuckoo bumble bee (Bombus suckleyi) was historically found throughout the western U.S. As an obligate social parasite, it is found only where its host species of bumble bees, including the western bumble bee, remain. It is considered Critically Endangered by the IUCN and its range has declined by 58%.

• Franklin’s bumble bee (Bombus franklini), which historically occurred in an area about 60 miles wide in the Siskiyou Mountains of northern California and southern Oregon may already be extinct. Despite extensive annual surveys by the late Dr. Robbin Thorp, professor emeritus at the University of California–Davis, Franklin’s bumble bee has not been seen since 2006.

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The Xerces Society for Invertebrate Conservation is a science-based, international nonprofit organization that protects the natural world through the conservation of invertebrates and their habitats. By utilizing applied research, engaging in advocacy, providing educational resources, addressing policy implications, and building community, we endeavor to make meaningful long-term conservation a reality. Xerces works to raise awareness about the plight of invertebrates and to gain protection for the most vulnerable species before they decline to a level at which recovery is impossible. Learn more at www.xerces.org.

Center for Food Safety’s mission is to empower people, support farmers, and protect the earth from the harmful impacts of industrial agriculture. Through groundbreaking legal, scientific, and grassroots action, we protect and promote your right to safe food and the environment. Please join our more than one million members across the country at www.centerforfoodsafety.org. Twitter: @CFSTrueFood

Defenders of Wildlife is celebrating 75 years of protecting all native animals and plants in their natural communities. With a nationwide network of nearly 2.2 million members and activists, Defenders of Wildlife is a leading advocate for innovative solutions to safeguard our wildlife heritage for generations to come. For more information, visit defenders.org/newsroom and follow us on Twitter @Defenders.