Jun
24

EPA Agrees to Settle ESA Claims for Four Pesticides

EPA has sent out the following message about the Agency’s settlement of ESA pesticide litigation brought by the Center for Biological Diversity:

“EPA has reached agreement with the Center for Biological Diversity to revise a 2010 court order which established a schedule to complete effects determinations for 75 chemicals on 11 endangered or threatened species in the San Francisco Bay Area. The Endangered Species Act requires federal agencies to determine whether an action (in this case, a pesticide registration) will adversely affect endangered or threatened species or their critical habitats.

Jun
19

NGO Plaintiffs Oppose Federal Defendants’ Motion for Judgment on Pleadings in ESA Pesticides 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 Federal Defendants filed a motion that asks the court to grant them judgment on the pleadings in this case.

The NGO Plaintiffs have filed an opposition to this motion. They summarize their opposition as follows:

Jun
04

Federal Defendants File Amended Answer in San Francisco ESA Pesticides 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 28, 2015, the federal defendants filed their amended answer in the case. Their answer denies the plaintiffs’ allegations and claims and raises the following defenses:

“(1) The Court may lack subject matter jurisdiction over one or more of Plaintiff’s claims.

(2) Plaintiff lacks standing.