Ellis Litigation – Case History Filed on March 21, 2013 against EPA challenging EPA actions related to clothianidin and thiamethoxam Filed in U.S. District Court, Northern District of California (San Francisco) Plaintiffs are bee keepers (Ellis, Doan, Theobold, Rhodes) and NGOs (Center for Food Safety, Sierra Club, Beyond Pesticides, Center for Environmental Health) Syngenta, Bayer, Valent and CropLife intervened on side of EPA Intervenors are allowed to participate fully Classification: INTERNAL USE ONLY

Ellis Litigation – Case History Second Amended Complaint (May 9, 2014) controls the case – 6 claims under the APA, FIFRA and ESA Order and Opinion dated May 8, 2017 Judge held that APA and FIFRA claims cannot be pursued further. These claims are dismissed: Plaintiff’s claim that EPA violated the APA in denying their petition that clothianidin poses an imminent hazard Plaintiff’s claim that EPA violated FIFRA and the APA by refusing to suspend clothianidin registration Plaintiff’s claim that EPA violated FIFRA notice requirements for new uses of clothianidin and thiamethoxam Federal - Administrative Procedures Act (APA) Classification: INTERNAL USE ONLY

Ellis Litigation – Case History Judge held that EPA violated the ESA by failing to consult with Services before granting certain clothianidin and thiamethoxam registrations Judge has not ruled on the “remedy” With the parties’ input, she set a schedule for further deliberations and briefing on an appropriate remedy Classification: INTERNAL USE ONLY

Ellis – US registrations involved in the case 59 clothianidin and thiamethoxam-containing end-use/technical product registrations are at issue Not at issue in the case: registrations that pre-date March 21, 2007 TMX registrations that post-date filing of complaint on March 21, 2013 Classification: INTERNAL USE ONLY

Ellis – litigation schedule Alternative Dispute Resolution (ADR) is ongoing Briefing on Remedies: January 5, 2018: deadline for Defendants to file briefs with court – arguing why the Court should not issue an order vacating or restricting some or all 59 clothianidin and TMX registrations February 16, 2018: deadline for Plaintiffs to file brief with the Court – responding to the briefs filed by Defendant and Defendant-Intervenors March 16, 2018: Court scheduled hearing on the legal remedy briefing District Court could reach a decision on the legal remedy as soon as mid-March 2018  Classification: INTERNAL USE ONLY