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 28, 2015, the federal defendants filed their amended answer in the case. Their answer denies the plaintiffs’ allegations and claims and raises the following defenses:

“(1) The Court may lack subject matter jurisdiction over one or more of Plaintiff’s claims.

(2) Plaintiff lacks standing.

(3) Plaintiff fails to state a claim upon which relief can be granted.

(4) The United States has previously entered into a settlement agreement with the Plaintiff in Center for Biological Diversity v. Environmental Protection Agency, No. 07-cv- 2974 (N.D. Cal.), which bars Plaintiff’s claims.

(5) Some or all of Plaintiff’s claims are barred by waiver.

(6) Some or all of Plaintiff’s claims are barred by release.

(7) Some or all of Plaintiff’s claims are barred by collateral estoppel.

(8) Some or all of Plaintiff’s claims are barred by the doctrines of res judicata and/or claim preclusion.”

Click here to read Federal Defendants’ amended answer.