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May
11

California ESA Pesticides Court Issues Order on Industry Motions

Environmental NGOs are suing EPA, asking a California federal district court to essentially take over EPA’s pesticide program because EPA allegedly failed to meet all its pesticide obligations under the Endangered Species Act. At the Government’s and NGO’s request, the case has been stayed to allow settlement negotiations. Several industry Interveners filed motions to dismiss the NGO plaintiffs’ complaint for lack of jurisdiction over the case; to allow their intervention for all purposes in the case; and to lift the stay of the case. The Interveners include CropLife America and the American Chemistry Council. The court has not yet granted them full participation in the case. The Government Defendants and NGO Plaintiffs oppose the industry Intervener motions, and want the stay continued to allow settlement negotiations to continue.

On May 7, 2012, the Court issued a Minute Order on the motions. This Order

  • Granted in part the Motion to Lift Stay;
  • Denied without prejudice to re-file the Motion to Intervene; and
  • Denied without prejudice to re-file the Motion to Dismiss.

The Court ordered the stay to be lifted as of November 1, 2012.

The Court will prepare and enter an opinion supporting its order.

The Court scheduled continued the case until August 10, 2012, when there will be a status conference on settlement.

  • Click below to read Court’s May 7th Order

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