EPA seeks public comment on Proposed Stipulated Injunction

On May 30, 2007, the Center for Biological Diversity filed a lawsuit in the Federal District Court for the Northern District of California alleging that EPA failed to comply with section 7(a)(2) of the Endangered Species Act (ESA) in regard to 47 pesticides and 11 species found in the greater San Francisco Bay area that are listed as endangered or threatened under the ESA. Ultimately, 74 pesticides came to be at issue in this case.

EPA has reached an agreement with the plaintiff to resolve the case by having the court issue a Stipulated Injunction that would establish a series of deadlines for the Agency to make “effects determinations” and initiate consultation, as appropriate, with the U.S. Fish and Wildlife Service for the 74 pesticides' potential effects on one or more of the 11 species. The Stipulated Injunction would also include interim injunctive relief, such as buffers around certain habitat features intended to reduce the potential exposure of the 11 species to these 74 pesticides while EPA is reviewing the potential effects of each pesticide and consulting, as appropriate with the U.S. Fish and Wildlife Service.

The public has 15 days to comment on the proposed Stipulated Injunction. EPA will evaluate all comments received during the public comment period to determine whether all or part of the proposed Stipulated Injunction warrants reconsideration or revision. This proposed Stipulated Injunction, if entered by the Court, would resolve the lawsuit brought against EPA by the Center for Biological Diversity in the U.S District Court for the Northern District of California.

The Federal Register notice announcing the public comment period and instructions for providing comments, along with the full text of the proposed Stipulated Injunction, are available through the Endangered Species Protection Program Web page.

EPA continues to work with regulatory partners to meet its obligations under the Endangered Species Act and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to protect endangered or threatened species from potential risks posed by pesticide use. EPA is addressing issues related to potential effects of pesticides to threatened or endangered species while, to the extent appropriate, continuing to keep pest control tools available.