The Center for Biological Diversity has sued the Fish and Wildlife Service in a San Francisco United States District Court. CBD alleges that FWS has violated the Endangered Species Act and other federal statutes by failing to complete timely consultation on EPA’s pesticide registrations for atrazine, 2,4-D and alachlor.

On May 15, 2015, the Government filed a motion that asks the court to dismiss the plaintiffs’ complaint

“because the Plaintiff’s interest in the timing of FWS’s consultation does not fall within the “zone of interests” expressly protected by the ESA, Plaintiff lacks “prudential standing” to pursue its Administrative Procedure Act unreasonable delay claim, Count 2. The Court should dismiss Count 2 for lack of subject matter jurisdiction. Moreover, the Plaintiff signed a settlement agreement in 2010 with the federal government. That settlement agreement waived and released all challenges concerning alleged violations of ESA Section 7 of the ESA (Count 1). Plaintiff is therefore barred from filing any such suit until the Environmental Protection Agency and FWS complete their ESA consultations on the three pesticide components at issue here. Additionally, Plaintiff’s APA claim improperly seeks to repackage its ESA claim and circumvent the Settlement Agreement. The Court should dismiss Counts 1 and 2 for failure to state a claim.”

Click here to read the Government’s motion.