EPA, Agriculture, Interior and Commerce Request that NRC Review Pesticide ESA Consultation Disputes

In a letter dated March 10, 2011, EPA Administrator Lisa Jackson confirmed the request by EPA, the Department of Agriculture, the Department of Commerce, and the Department of the Interior that the National Resource Council, of the National Academy of Science, review the continuing disputes among the departments and agencies over EPA’s Endangered Species Act review of pesticides.

The entire article is attached below.


Fourth Circuit Holds That Pesticide Companies Can Challenge NMFS’ BiOps

On March 2, 2011, the United States Court of Appeals for the Fourth Circuit held that registrants could challenge in federal district court a final biological opinion that the U.S. National Marine Fisheries Service had issued on the registrants’ pesticides. NMFS had issued the BiOp under the Endangered Species Act in consultation with EPA.  The pesticides involved are chlorpyrifos, diazinon, and malathion.  The registrants challenging the BiOp are Dow AgroSciences LLC, Makhteshim Agan of North America, Inc., and Cheminova, Inc.

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The Fourth Circuit’s opinion is attached below.

4th Circuit Opinion

EPA Seeks Comment On NMFS’ Draft BIOP For Salmon And Captan, Chlorothalonil, 2,4-D, Diuron, Linuron, and Triclopyr BEE

EPA is seeking comments from pesticide users, registrants, and other interested parties on draft Reasonable and Prudent Measures and Alternatives included in a draft Biological Opinion received from the National Marine Fisheries Service on March 1, 2011. This draft Biological Opinion addresses the potential effects from six pesticides on Pacific salmon and steelhead listed as endangered or threatened under the Endangered Species Act. The six pesticides are: captan, chlorothalonil, 2,4-D, diuron, linuron, and triclopyr BEE.

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Enviros Ask Court to Run EPA’s Pesticide ESA Program

On January 20, 2011, the Center for Biological Diversity and Pesticides Action Network filed a complaint in the United States District Court for the Northern District of California (San Francisco). EPA is the defendant. The CBD and PAN complaint is attached below. It asks for the following relief:

1. Declare that EPA is violating Section 7(a)(2) of the [Endangered Species Act] by failing to consult with the [United States Fish and Wildlife Service and National Marine Fisheries Service] concerning effects of pesticides on the endangered and threatened species and critical habitats identified herein;