Endangered Species Act

Last week, The Center for Biological Diversity and Pesticide Action Network filed suit against the U.S. Environmental Protection Agency in the federal district court for the northern district of California, alleging that EPA had failed to take steps required by the Endangered Species Act to protect more than 200 endangered species that are located in every state and territory in the United States, except Alaska, American Samoa, Guam and the Northern Marianas Islands.  The suit is more than 400 pages long and asks the court to protect more than 200 species by requiring EPA to initiate consultations with the Fish and Wildlife Service and the National Marine Fisheries Service on almost 400 pesticide active ingredients, including most products used by PMPs.  In addition, the suit asks the court to impose “restrictions on the use of the identified pesticides where they may affect endangered and threatened species and critical habitats until the consultation process has been completed and EPA has brought its pesticide registrations into compliance.”

Though the suit may take years to litigate, it has the potential to significantly affect PMPs virtually every place in the U.S.  NPMA has been aggressively managing endangered species issues at the regulatory, congressional and judicial levels and has retained legal counsel to represent the industry in this litigation.

Posted January 2011