Archive for August, 2011
As required by court order issued on July 27, 2011, EPA cancelled the registered use of Rozol Prairie Dog Bait (EPA Reg. No. 7173-286) in the states of Montana, New Mexico, North Dakota, and South Dakota. This order is effective as of August 8, 2011. EPA’s action does not affect the use of Rozol Prairie Dog Bait in Colorado, Kansas, Nebraska, Oklahoma, Texas and Wyoming.
● Click here to read EPA’s cancellation notice
● Click here to read Rozol court order
The Western Farm Press has sounded the alarm about the potential impact of pesticide Endangered Species Act litigation. An August 15, 2011, post states in part:
“In January, the Center for Biological Diversity and the Pesticide Action Network (Plaintiffs) filed a complaint for declaratory and injunctive relief against EPA, alleging that EPA had failed to consult with the Fish and Wildlife Service and the National Marine Fisheries Service regarding the effects of registered pesticides on endangered species throughout the United States. The plaintiffs asked the court to require EPA to initiate and complete the consultation process, and to compel EPA to restrict pesticide uses that may result in their entering endangered species’ occupied or critical habitat until the consultation process is complete (see April 1, 2011 Cotton’s Week).
Congressman Markey and Congresswoman Napolitano wrote a letter dated August 9, 2011, to the Director of the U.S. Fish and Wildlife Service. This letter urges FWS to complete its consultation with EPA over EPA’s general Permit under the clean water act for pesticides application. The FWS consultations are required under the Endangered Species Act. The letter also asks FWS several questions regarding other ESA consultation issues involving pesticides.
The August 9, 2011 Democrats’ letter to FWS is attached below.
Congressman Markey and Congresswoman Napolitano wrote a letter dated August 9, 2011, to the EPA Administrator. In their letter, the Representatives tell EPA that the Agency’s draft Clean Water Act General Permit for pesticides
“as written, will not be sufficiently protective for endangered species, and strongly urge you to adopt the simple conservation measure recommended by the National marine Fisheries Service (NMFS) in its recent biological opinion for the PGP.”
Their letter explains in detail and at length why they believe EPA should adopt NMFS’ three recommended Reasonable and Prudent Alternatives for the draft General permit.
The United States District Court for the District of Columbia has banned the use of Rozol in four states until and unless FWS issues a final biological Opinion on using Rozol to control black-tailed prairie dogs. The four states are North Dakota, South Dakota, Montana and New Mexico. The court’s order, filed on July 27, 2011, may be precedent for banning use of pesticides until ESA section 7 consultations are completed.
Read the court’s order attached below.
The Center for Biological Diversity commented on the Endangered Species Act Section 7 Consultation Draft Biological Opinion for the Environmental Protection Agency’s Pesticide General Permit for Discharges from the Application of Pesticides (‘PGP”). CBD’s comments were very critical, and made the following claims:
● The PGP does not meet the ESA’s standards.
–EPA’s PGP lacks the basic data necessary for analysis.
–EPA’s FIFRA analysis does not address the PGP’s effect on species and their
● EPA cannot ensure the PGP will protect water quality and wildlife.
On January 20, 2011, the Center for Biological Diversity and the Pesticide Action Network North America sued EPA, alleging that the Agency violated Section 7(a)(2) of the Endangered Species Act by failing to consult on the effects of EPA-registered pesticides on endangered and threatened species and their designated critical habitat throughout the United States of America. Industry groups intervened. The court has stayed the litigation to give the parties time to see if they can settle it.
On July 29, 2011, pursuant to court order, the parties filed a status report on their settlement negotiations. Their report states that all parties request that the Court extend the stay of
House Democrats are fighting Republican policy riders in the EPA fiscal year 2012 funding bill. These policy riders include one which limits EPA’s consultation duties under the Endangered Species Act. The ESA provisions have already been stripped from the funding bill.