Environmental NGOs are suing EPA, asking a California federal district court to essentially take over EPA’s pesticide program because EPA allegedly failed to meet all its pesticide obligations under the Endangered Species Act. Several industry Interveners have moved to intervene in the case. The Interveners include CropLife America and the American Chemistry Council. The court has not yet granted them full participation in the case.

 

The NGO plaintiffs have filed an Opposition to the industry motion to intervene.  Their Opposition makes the following arguments:

 

I. THE COURT SHOULD DENY INTERVENTION AS OF RIGHT IN THE LIABILITY PHASE

A. Intervenors Lack Significantly Protectable Interests in the Liability Phase and Their Ability to Protect Any Interests Will Not, As A Practical Matter, Be Impaired

B. Intervenors Are Adequately Represented By EPA in the Liability Phase

 

II. THE COURT SHOULD DENY PERMISSIVE INTERVENTION IN THE LIABILITY PHASE

 

III. THE COURT SHOULD LIMIT INTERVENORS’ PARTICIPATION

 

The court has scheduled a hearing on this intervention motion for March 15, 2013.

 

Click here to read NGO Plaintiffs’ Opposition to Motion to Intervene.