Court Issues Important ESA Pesticides Decision

On June 14, 2011, the U.S. District Court for the District of Columbia held that EPA‘s initiation of an Endangered Species Act  consultation on the impact of a pesticide registration does not preempt lawsuits seeking to force the agency to complete the consultations.  This case is Defenders of Wildlife, et al., v. Lisa P. Jackson, et al.The court also agreed with the plaintiffs that the registration for Rozol should be revoked.  However, although the court delayed implementing the remedy due to the product’s widespread use, and asked the parties to negotiate a remedy.  The judge said that if the parties were unable to agree, she would hold a July 14 hearing on what injunctive relief to issue.

SFIREG Full Committee Refers ESA Pesticides Issue Paper to EPA

SFIREG Full Committee Refers ESA Pesticides Issue Paper to EPA

At its June 20, 2011 meeting, the Full Committee of the State FIFRA Issues Research & Evaluation Group adopted a subcommittee Issues paper on the Endangered Species Act pesticides consultations, and referred it to EPA.  This Issue paper is the subject of a previous article on this website:

Read the complete article attached below


Syngenta Criticizes NMFS’ Revised Draft BiOp for Chlorothalonil

Syngenta has filed comments which sharply criticize the revised draft biological opinion that NMFS prepared for chlorothalonil. Syngenta’s summary of its comments is partially set forth below:

Read the complete article attached below.

Syngenta Chlorothalonil Comments

Oregon Farm Bureau Federation Criticizes NMFS’ Revised Draft BiOp for Chlorothalonil

The Oregon Farm Bureau Federation filed comments which sharply criticized NMFS’ revised draft Biological Opinion for the fungicide chlorothalonil.  The Bureau’s succinct comments are provided below:

Read the complete article attached below:

Oregon Farm Bureau Federation Comments

Court Rules on Intervention in ESA Pesticides Mega-Suit

Enviros have sued EPA over the Agency’s alleged failure to fulfill its duties to consult with NMFS and FWS under the Endangered Species Act.  Various industry groups moved to intervene in the case.  The enviros opposed intervention. On June 3, 2011, the United States District Court for the Northern District of California ruled on the industry motions to intervene.

Read the complete article attached below.


Enviros Fight Over ESA Settlement

The Center for Biological Diversity and WildEarth Guardians filed separate lawsuits in different courts against the Fish and Wildlife Service, alleging that FWS failed to comply with statutory deadlines for listing various species under the Endangered Species Act.  All the CBD and WEG lawsuits were consolidated in the United States District Court for the District of Columbia. On May 10, 2011, WEG and FWS filed a settlement agreement in the court.  The settlement has to be approved by the court.

Read the complete article attached below.



CRE Files Comments on Revised NMFS BiOp

On May 31, 2011, CRE filed comments with EPA on NMFS’ revised Biological Opinion for

 the effects of Captan, Chlorothalonil, 2,4-D, Diuron, Linuron and Triclopyr BEE on Pacific salmon. CRE’s comments make the following points:

            ● The BiOp does not comply with NMFS’ Information Quality Act (“IQA”) Pre-Dissemination Review/Certification requirements.

            ● NMFS needs to conduct external peer review of its Population Effects Models to determine their compliance with EPA’s CREM Guidelines.

            ● NMFS needs to analyze journal articles and other studies that it uses to determine whether they meet IQA guidelines.

SFIREG Full Committee to Review New Issue Paper on ESA Consultations

The Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group will meet at EPA in Arlington, Virginia on June 20-21, 2011. Among other issues, the SFIREG Full Committee will consider a new issue paper on EPA’s pesticide consultations under the Endangered Species Act.  This SFIREG meeting is open to the public.  Publicly available meeting materials can be reviewed by going to, and searching for docket ID number EPA-HQ-OPP-2011-0001.

OIRA’s 30th Anniversary

The thirtieth anniversary of OMB’s regulatory review office, OIRA-the Office of Information and Regulatory Affairs, was celebrated on Friday, May 20th.  The event was sponsored by Susan Dudley, a former OIRA Administrator, who presently heads the George Washington University Regulatory Studies Center.

Virtually all former Administrators and Deputy Administrators made presentations, including Jim Tozzi, the first Deputy Administrator of OIRA.

The Bureau of National Affairs Reports:

Jim Tozzi, the first deputy administrator of OIRA, said the institution gives a protective shield against the wholesale dismantling of regulatory agencies, which play an integral role in society.

Chemical Industry Claims ESA Litigation Threatens Their Pesticide Registrations

As previously reported, two environmental NGOs have filed suit in a San Francisco federal district court asking the court to ,in effect, take over EPA’s Endangered Species Act consultations with NMFS and FWS during EPA’s registration of pesticides under FIFRA. Several pesticide industry groups and other stakeholders have moved to intervene in the litigation.  The NGO plaintiffs oppose intervention. The court has not yet ruled on who, if anyone, can intervene in the case.

Read the complete here: esaartlit2 (2)

The American Chemistry Council briefing is attached below.