EPA Files Motion to Dismiss ESA Pesticides Mega-Suit
Environmental NGOs are suing EPA, basically asking a California federal district court to take over EPA’s pesticide program because EPA allegedly failed to meet all its ESA consultation obligations under the Endangered Species Act. EPA has filed a motion to dismiss the plaintiffs’ complaint in the case for the following reasons:
●The Plaintiffs have not stated a viable Failure-To-Consult Claim for any of the 382 pesticides catalogued In the Complaint;
● By failing to Identify any allegedly unlawful FIFRA actions, Plaintiffs cannot establish Subject Matter Jurisdiction;
● Any challenge To FIFRA actions taken more than six years before the Complaint was filed is time barred; and
● Plaintiffs have failed to demonstrate Article III Standing.
Click here to read EPA’s Motion to Dismiss
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