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U.S. DISTRICT COURT DISMISSES SUIT CLAIMING THAT EPA VIOLATED THE ENDANGERED SPECIES ACT WITH RESPECT TO HUNDREDS OF PESTICIDES
A U.S. District Court in California has dismissed a suit by citizens groups alleging that the Environmental Protection Agency violated the Endangered Species Act (“ESA”) by failing to consult with the U.S. Fish and Wildlife Service and National Marine Fisheries Service regarding the effects of 382 registered pesticides on endangered and threatened species. The court ruled in Center for Biological Diversity v. Environmental Protection Agency that the groups had not alleged any specific actions taken by the EPA that called for such consultation. Chemical manufacturers, farmers, and other pesticide users expressed relief. “You would be hard-pressed to think of anything that could have happened to this industry that would have been more disruptive than if they had prevailed in that lawsuit,” said Bob Rosenberg of the National Pest Management Association. Voicing disappointment, the citizens groups said they are considering whether to amend their complaint and try again or appeal.
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Disclaimer: In our Newsletters and Bulletins, Briscoe Ivester & Bazel llp intends to present general information to the public and does not intend to provide legal advice pertaining to a particular situation.
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