Environmental NGOs are suing EPA, basically asking a California federal district court to 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. The parties have moved the court to lift the stay, and to establish a briefing schedule, because they are unable to settle the case. In response, the court has lifted the settlement stay and ordered the following briefing schedule for the Government’s motion to dismiss:
(1) Federal Defendants’ motion to dismiss is due November 16, 2012.
(2) Plaintiffs’ opposition is due December 21, 2012.
(3) Federal Defendants’ reply is due January 18, 2013.
(4) Hearing on the motion to dismiss is set for February 15, 2013.
In addition, the court has ordered the following briefing schedule for the industry-interveners’ motions:
1. Intervenor-Defendants will file an updated Motion to Intervene and Motion to Dismiss no later than November 9, 2012.
2. Any response or opposition brief(s) to both the Motion to Dismiss and the Motion to Intervene shall be filed no later than November 30, 2012.
3. Intervenor-Defendants reply brief(s) shall be filed no later than December 14, 2012.
●Click here to read briefing order for Government motion
●Click here to read briefing order for industry-interveners’ motion