Last Thursday, The Center for Biological Diversity (CBD) filed a notice of intent to sue EPA for failing to consider the effects of almost 400 pesticides on more than 800 endangered species. Examples of the referenced species are the Florida panther, coho salmon, California condor, Everglade snail kite, northern Aplomado falcon, mountain yellow-legged frog, California tiger salamander, arroyo toad, Indiana bat, and green sturgeon. CBD alleges that EPA has failed to comply with the requirement in the Endangered Species Act that federal agencies consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service and take into account the impact of the products on endangered species.
CBD has successfully sued EPA previously, including a lawsuit aimed at protected the red-legged frog in California. In another suit, EPA agreed with CBD to impose significant restrictions on the use of 74 pesticides in large portions of northern California, including prohibitions on the use of all of rodenticides, pyrethroids, fipronil, and imidacloprid. A final decision on the California case is expected from EPA soon. Most recently, CBD filed suit seeking to limit the application of pesticides in the lower 48 states because of their impact on polar bears in Alaska.
CBD is required by ESA to provide sixty days notice of its intention to sue.
The actual suit, which will likely be filed in March, could have wide-ranging consequences for PMPs in that it covers almost all of the conventional pesticides used by PMPs in virtually every corner of the country.
Click here to read CBD's Notice of Intent.