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. The court has stayed this litigation pursuant to the request of the parties in their Joint Status Report, which stated:

“The Parties jointly request a stay of the instant litigation for sixty (60) days in light of the U.S. Court of Appeals for the Fourth Circuit’s decision in Dow AgroSciences LLC, et al. v. Nat’l Marine Fisheries Service, et al., No. 11-2337, Dkt. No. 51, 2013 WL 632857 (4th Cir. Feb. 22, 2013) (“DAS v. NMFS”). In DAS v. NMFS, filed as an attachment to this status report, the Fourth Circuit vacated one of the two biological opinions relevant to the instant case and remanded it to NMFS. A stay of 60 days would allow the Parties to consider and discuss what effect, if any, the DAS v. NMFS opinion has on the instant litigation and how best to proceed. Accordingly, the Parties request that the Court stay this matter until April 26, 2013, and order the Parties to submit a joint status report no later than April 23, 2013, that presents the Parties’ position on how to proceed, or competing positions on how to proceed if the Parties are unable to reach agreement.”