The Stipulated Injunction stems from a 2007 lawsuit filed by the activist group Center for Biological Diversity alleging the EPA failed to meet its obligation under the Endangered Species Act to consult with the U.S. Fish and Wildlife Service and National Marine Fisheries Service.
Fairfax, Va. -- In conjunction with the Pest Control Operators of California (PCOC), the National Pest Management Association (NPMA) has issued a guidance document for California PCOs on how to comply with a Stipulated Injunction ordered by the U.S. District Court for the Northern District of California, restricting the use of 75 pesticides in eight San Francisco Bay area counties to protect 11 federally listed threatened or endangered species. The counties include Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano and Sonoma counties and most rodenticides and termiticides are among the restricted pesticides.
The Stipulated Injunction stems from a 2007 lawsuit filed by the activist group Center for Biological Diversity alleging that the U.S. Environmental Protection Agency (EPA) failed to meet its obligation under the Endangered Species Act to consult with the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services). While EPA does assess the potential risk a pesticide poses to wildlife including threatened and endangered species during the initial registration and reevaluation processes, it has not formally consulted with the Services when doing so, leaving it vulnerable to litigation.
The use restrictions outlined in the Stipulated Injunction will stay in place until EPA completes its review and any necessary consultation with the Services, regarding the potential effects of a pesticide active ingredient to the subject species. In the meantime, the interim protective measures are no-use buffer zones adjacent to certain features within certain geographic areas in the eight counties. The buffer zones are different depending on the species at issue and the pesticide being used.
NPMA and PCOC expressed concerns about some of the restrictions included in the original proposal EPA issued for public comment last summer. Some of the use restrictions outlined in the Stipulated Injunction adopted by the court, including the use of rodenticides and termiticides and public health vector control programs are greatly relaxed from the restrictions that were originally proposed.
Visit http://www.epa.gov/espp/litstatus/factsheet.html to see the full list of restricted pesticides and the species identified in the Stipulated Injunction. (The use of pesticides indoors is not covered by the Stipulated Injunction.)
Click here for the PCOC/NPMA Guidance Document