May
18

D.C. District Court Dismisses Enviros’ Pesticide ESA Consultation Claims on Jurisdictional Grounds

The Center for Biological Diversity and other Enviro NGOs sued EPA in the United States District Court for the District of Columbia, claiming that EPA violated Section 7 of the Endangered Species Act by failing to consult with the FWS and the NMFS before registering cyantraniliprole. The court recently granted the Government’s motion to dismiss the case, holding that only the U.S. Courts of Appeals have subject matter jurisdiction over the plaintiffs’ claims.

Click here to read the court’s decision.

May
18

Government Asks Court to Dismiss California Pesticide ESA Consultation Case

The Center for Biological Diversity has sued the Fish and Wildlife Service in a San Francisco United States District Court. CBD alleges that FWS has violated the Endangered Species Act and other federal statutes by failing to complete timely consultation on EPA’s pesticide registrations for atrazine, 2,4-D and alachlor.

On May 15, 2015, the Government filed a motion that asks the court to dismiss the plaintiffs’ complaint

May
12

Federal Defendants Dispute Enviros’ ESA Consultation Claims in San Francisco Court Case

The Center for Biological Diversity has sued the Fish and Wildlife Service in a San Francisco United States District Court. CBD alleges that FWS has violated the Endangered Species Act and other federal statutes by failing to complete timely consultation on EPA’s pesticide registrations for atrazine, 2,4-D and alachlor.

The Enviro Plaintiffs and the Federal Defendants have met and submitted a report on this case, as required by Rule 26(f) of the Federal Rules of Civil Procedure. Their joint Report to the Court includes the following statements:

May
06

Enviros and FWS Agree to Mediation of Pesticide ESA Consultation Litigation

The Center for Biological Diversity has sued the Fish and Wildlife Service in a San Francisco United States District Court. CBD alleges that FWS has violated the Endangered Species Act and other federal statutes by failing to complete timely consultation on EPA’s pesticide registrations for atrazine, 2,4-D and alachlor.

CBD and FWS have agreed to mediation of this claim. The court’s mediation order is available here.

CropLife America has moved to intervene in this case. CropLife’s motion to intervene is available here.