NGO Plaintiffs Oppose Federal Defendants’ Motion for Judgment on Pleadings in ESA Pesticides Case
The Center for Biological Diversity has sued the Fish and Wildlife Service in a San Francisco United States District Court. CBD alleges that FWS has violated the Endangered Species Act and other federal statutes by failing to complete timely consultation on EPA’s pesticide registrations for atrazine, 2,4-D and alachlor.
On May 15, 2015, the Federal Defendants filed a motion that asks the court to grant them judgment on the pleadings in this case.
The NGO Plaintiffs have filed an opposition to this motion. They summarize their opposition as follows:
“Through the present motion, Federal Defendants and CropLife misconstrue Supreme Court and Ninth Circuit precedent to argue that the interests of the Center – a national, nonprofit focused on endangered species conservation – do not fall within the “zone of interests” of Section 7 of the ESA. Yet undoubtedly Congress intended that timely consultations would serve the purpose of species conservation, which is exactly the interest the Center intends to protect through this litigation. CropLife’s argument that the Center lacks standing must also be rejected because the Center’s interests in the Delta smelt and Alameda whipsnake and their habitats cannot be fully protected without completion of consultation by FWS. Moreover, the argument that the claims brought in this case were waived in a settlement between the Center and EPA is completely without merit. This case falls outside the plain language of the settlement, and another Judge in this District has already rejected the exact same argument made by CropLife in similar litigation brought by the Center to ensure timely consultation on pesticide impacts. For these reasons and those explained below, the Center respectfully requests that the Court deny Federal Defendants’ motion for judgment on the pleadings.”
Click here to read NGO Plaintiffs’ Opposition.