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 ESA consultation  obligations under the Endangered Species Act. EPA has filed a motion to dismiss the plaintiffs’ complaint in the case for the following reasons:

●The Plaintiffs have not stated a viable Failure-To-Consult Claim for any of the 382 pesticides catalogued In the Complaint;

● By failing to Identify any allegedly unlawful FIFRA actions, Plaintiffs cannot establish Subject Matter Jurisdiction;

 ● Any challenge To FIFRA actions taken more than six years before the Complaint was filed is time barred; and

 ● Plaintiffs have failed to demonstrate Article III Standing.

Click here to read EPA’s Motion to Dismiss