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Sep
07

Enviros Voluntarily Dismiss ESA Pesticides Appeal

Environmental groups sued EPA under the Endangered Species Act, claiming that EPA violated the ESA by failing to consult on endangered species impacts. The Arizona federal court dismissed the case, holding that these claims cannot be brought under the ESA.  They have to be brought under FIFRA. The dismissed enviros appealed this decision to the United States Court of Appeals for the Ninth Circuit.

On August 6, 2012, the Ninth Circuit granted the enviros motion to voluntarily dismiss their appeal. There is speculation that the enviros were afraid the Ninth Circuit would agree with the district court, thereby creating a more significant adverse precedent.

● Click here to read enviros’ motion to dismiss appeal

● Click here to read court order granting motion to dismiss

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