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Center for Biological Diversity v. EPA

ELR Citation: 48 ELR 20103
Nos. 11-cv-00293-JCS, (N.D. Cal., 06/21/2018) (Spero, J.)

A district court granted in part but largely denied in part EPA's motion to dismiss a lawsuit filed by environmental groups alleging that EPA failed to consult with federal wildlife agencies before registering over 2,000 pesticide products. The groups argued that EPA violated the ESA by failing to engage in consultation with FWS and NMFS when registering pesticides under FIFRA. The district court had previously dismissed a majority of the groups' claims, and the Ninth Circuit affirmed that order except as to claims based on failure to initiate consultation regarding product reregistrations. On remand, the groups filed an amended complaint identifying more pesticide products, and EPA filed another motion to dismiss. The court rejected EPA's arguments that the groups lacked standing and that they had failed to adequately notify the Agency of the suit. The court also refused to dismiss claims concerning the Agency's alleged failure to initiate consultation regarding product registration or reregistration of over 2,000 pesticide projects. But the court granted EPA's motion to dismiss three claims alleging the Agency failed to reinitiate consultation regarding the active pesticide ingredients dazomet, malathion, and permethrin. The particular products that the groups believe are still governed by the registrations underlying the previous consultation must be identified in order to determine whether any live controversy remains with respect to those earlier registrations. The court gave the groups until July 20, 2018 to file another amended complaint.