Southern Crop

Southern Crop

It’s Déjà Vu All Over Again for EPA’s Pesticide Program

On Feb. 2, the U.S. Court of Appeals for the Ninth Circuit finally decided a lawsuit challenging EPA’s decisions during re-registration for failure to consult under the Endangered Species Act (ESA) about pesticide products containing 31 different active ingredients. Although the Ninth Circuit upheld the District Court’s dismissal of most of the Center for Biological Diversity’s claims, the Ninth Circuit still allowed the case to go forward, potentially for all 31 pesticides. The litigation will continue, and the Environmental Protection Agency may eventually face court deadlines to consult about these and many more pesticides—an outcome that would massively reorder how EPA’s pesticide resources are spent.

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