Environmental NGOs have sued EOS 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 and CropLife America intervened in the case, and moved to stay it pending a decision in a related case they have appealed in the U.S. Court of Appeals for the Fourth Circuit. EPA separately moved to stay the Seattle case on several grounds, including the pending Fourth Circuit appeal; alleged settlement negotiations; and ongoing National Academy of Sciences review of the ESA consultation process involving EPA, NMFS and FWS.

The Seattle court has denied both EPA’s and the industry interveners’ stay motions, and ordered the parties to file a joint status report containing the following information:

  1. A concise statement of the positions of the parties concerning the relief requested in the amended complaint.
  2. A summary of the procedural posture of the case.
  3. A proposed deadline for filing of the administrative record.
  4. A proposed deadline for filing of dispositive motions.
  5. An indication whether any party wishes a scheduling conference before a scheduling order is entered in this case.

Click below to read court’s order denying stay motions.