Archive for October, 2012

Court Denies Industry Motion and NGOs Move for Summary Judgment in ESA Pesticides Case

Environmental NGOs have sued EPA in a Seattle, Washington federal district court claiming that EPA has not taken any steps to implement the measures recommended in NMFS’ ESA consultation biological opinions for diazinon, malathion, chlorpyrifos, carbaryl, carbofuran, and methomyl.  Dow AgroSciences and CropLife America intervened in the case, and filed a motion for judgment on the pleadings in it.

In an order dated October 1, 2012, the court denied the Interveners’ motion.  On October 10, 2012, the plaintiffs’ filed a motion for summary judgment in the case.

● Click here to read court’s order denying motion to dismiss

CRE Files Comments with EPA on Public Participation in ESA Consultations

On October 16, 2012, CRE filed comments with EPA on the Agency’s Proposal Regarding Stakeholder Input in the FIFRA Pesticide Registration Review and ESA Consultation Processes. CRE’s comments included the following points:

  • The Proposal should be revised to state the Information Quality Constraints on use of third party information.
  • EPA and the Services should allow public comment on any proposed action incorporating NRC recommendations about the ESA consultation process.
  • The Services should respond to public comment on their BiOps and other consultation documents.

Click here to read CRE’s comments.

CRE Comments on EDSP ICR

The Environmental Protection Agency has announced its intent to ask the Office of Management and Budget to authorize an extension of EPA’s current Information Collection Request for EPA’s Endocrine Disruptor Screening Program. On October 9, 2012, the Center for Regulatory Effectiveness filed comments on this ICR which made several arguments against the ICR, including the following:

  • This ICR and the EDSP violate the Paperwork Reduction Act (“PRA”) because they include tests which are not the least burdensome alternative.

SFIREG EQI Committee Meets

The State FIFRA Issues Research and Evaluation Group, Working Committee, Environmental Quality Issues, meets on October 15-16, 2012, at EPA, 2777 South Crystal Drive, One Potomac Yards (South Building), 1st Floor. The public can attend in person or call in using 1-866-299-3188 then 7033055561#. The meeting agenda includes “ESA: General Update, Rozol Status, and Bulletins Discussion”; and “Endocrine Disruptors Screening Update.”  The meeting agenda is available online at