On January 20, 2011, the Center for Biological Diversity and the Pesticide Action Network North America sued EPA, alleging that the Agency violated Section 7(a)(2) of the Endangered Species Act by failing to consult on the effects of EPA-registered pesticides on endangered and threatened species and their designated critical habitat throughout the United States of America. Industry groups intervened. The court has stayed the litigation to give the parties time to see if they can settle it.

On July 29, 2011, pursuant to court order, the parties filed a status report on their settlement negotiations. Their report states that all parties request that the Court extend the stay of

litigation by approximately 60 days from August 12, 2011 until October 14, 2011 and continue the status conference now set for August 12, 2011 to October 14, 2011 at 1:30 p.m. (or to such date and time that is convenient for the Court).

With regard to progress toward settlement, the parties’ status report states: 

“Plaintiffs have provided Defendants proposed settlement frameworks, and Defendants are working toward responding to those proposals. The parties are committed to further pursuing settlement discussions and are in the process of arranging the next meeting, as well as establishing a schedule of meetings to ensure full discussion of all elements of the potential settlement. The parties are also currently discussing the potential for a settlement that could resolve all of Plaintiffs’ claims and requests for relief.”

The parties status report is attached below.