A Judge Running EPA's Endangered Species Act/Pesticides Program?
What's more ridiculous than the idea of a judge running EPA's pesticides program as it relates to the Endangered Species Act? Ignoring an attempt by the Center for Biological Diversity and the Pesticides Action Network to convince a federal judge in San Francisco to do just that, take control of a key part of EPA's pesticides program.

In recognition of the challenge posed by CBD/PAN's attempt at Regulation by Litigation, the Center for Regulatory Effectiveness established the ESA Pesticides Interactive Public Docket.

The ESA Pesticides IPD will serve as a central source of information and analysis of the NGOs' efforts to have a court usurp Executive Branch authority. The site will also provide a forum in which all interested persons, irrespective of their views, can debate the issue and post related materials in almost any format.

More is at stake in the case than just the fate of an EPA program. The ESA pesticides case is a microcosm of the larger issue of NGOs suing agencies to try and achieve in court what they couldn't through the open, participatory regulatory process.

There are two threats posted by the NGO litigation. One possibility is that a judge could impose their views on how a regulatory program will be managed. The second, and possibly greater danger, is that the agency could use the litigation process to cut a backroom deal with the NGOs that they could not justify in the open regulatory process.

Everyone who has a stake in the regulation of pesticides and ensuring that regulatory decisions are made through an open, transparent process should participate in the ESA Pesticides IPD.

Click to see the ESA Pesticides IPD