Enviros Amend Complaint in ESA Pesticides Mega Case
In San Francisco federal district court litigation, environmentalists have filed an amended complaint in response to a court ruling that their original complaint against EPA was too broad. Their amended complaint challenges EPA’s approval of more than 50 active pesticide ingredients, a decrease from the almost 300 challenged by their original complaint..
This case, Center for Biological Diversity v. EPA, claims that EPA has failed adequately to consult with NMFS and FWS under section 7 of the Endangered Species Act when EPA granted FIFRA registration to the pesticides identified in the amended complaint.
The amended complaint claims that pesticides challenged in it are either those “for which EPA has indicated that Estimated Environmental Concentrations are likely to exceed Levels of Concern for endangered or threatened species or may cause indirect effects on endangered species by altering habitat or food sources”; or those “that are ‘highly acutely toxic’ or ‘very highly acutely toxic’ to one or more taxa groups” as based on toxicity data in one or more of the three databases EPA maintains.
Click here to read amended complaint.
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