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Jun
21

Court Issues Important ESA Pesticides Decision

On June 14, 2011, the U.S. District Court for the District of Columbia held that EPA‘s initiation of an Endangered Species Act  consultation on the impact of a pesticide registration does not preempt lawsuits seeking to force the agency to complete the consultations.  This case is Defenders of Wildlife, et al., v. Lisa P. Jackson, et al.The court also agreed with the plaintiffs that the registration for Rozol should be revoked.  However, although the court delayed implementing the remedy due to the product’s widespread use, and asked the parties to negotiate a remedy.  The judge said that if the parties were unable to agree, she would hold a July 14 hearing on what injunctive relief to issue.

The court decision is attached below.

iwpfile

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