EPA Files Motion to Dismiss ESA Pesticides Mega-Suit
Dec 13th
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
EPA Publishes EDSP List of Chemicals
Dec 6th
EPA has published a long list of chemicals from which the Agency will select chemicals to be tested in the Endocrine Disruptor Screening Program. Inclusion on this list does not mean that a chemical necessarily will be tested. This list of chemicals states:
This document was developed by the EPA to provide guidance to staff and managers regarding the universe of chemicals for potential endocrine disruptor screening and testing. This document does not create or confer legal rights or impose any legally binding requirements on the EPA or any other party. This document is distributed solely for the purpose of sharing this information with the public, consistent with the EPA transparency objectives. It is not intended to serve any other purpose, and should not be construed to represent formal dissemination of any agency determination or policy. As such, the information correction process under the agency’s Information Quality Guidelines does not apply to this document.
EPA Publishes New EDSP Document
Nov 30th
EPA has published a document entitled, “The EDSP Universe of Chemicals and General Validation Principles,” available online at http://www.epa.gov/scipoly/oscpendo/pubs/edsp_chemical_universe_and_general_validations_white_paper_11_12.pdf . EPA developed this new EDSP document in response to EPA’s Office of Inspector General’s recommendations regarding the EDSP. The document presents the list of approximately 10,000 chemicals that are included in the EDSP under FIFRA and SDWA. Not all of these chemicals will be subject to EDSP Tier 1 testing. EPA intends to prioritize these chemicals for EDSP screening by considering physical chemical properties, exposure, and an effects based approach using computational toxicological methods. These computational toxicological methods will be evaluated by a four-day Science Advisory Panel beginning January 29, 2013.
SFIREG Meets on Bees and other Issues
Nov 21st
The State FIFRA Issues Research & Evaluation Group Full Committee will meet on December 10 and 11, 2012, at US EPA Offices, Arlington, VA, 2777 South Crystal Drive, One Potomac Yards (South Building) 1st Floor. The meeting is open to the public. Those who can’t attend in person can call in at 1-866-299-3188 then7033055561. A meeting agenda is available at http://www.aapco.org/meetings/agenda.full.sfireg.dec2012.pdf . Meeting items include Status of Pollinator Protection Issues Policy Development.
SAP to Review EDSP
Nov 16th
The Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel will meet to consider and review scientific issues associated with prioritizing the universe of Endocrine Disruptor Screening Program chemicals using computational toxicology tools. This SAP meeting will be held on January 29–February 1, 2013, from approximately 9 a.m. to 5:30 p.m. The meeting will be held at the Environmental Protection Agency, Conference Center, Lobby Level, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA 22202. EPA encourages that written comments be submitted by January 15, 2013 and requests for oral comments be submitted by January 22, 2013. However, written comments and requests to make oral comments may be submitted until the date of the meeting.
Court Orders Briefing Schedules for ESA Pesticides Megasuit
Nov 8th
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 pesticide obligations under the Endangered Species Act. At the Government’s and NGO’s request, the case has been stayed to allow settlement negotiations. The parties have moved the court to lift the stay, and to establish a briefing schedule, because they are unable to settle the case. In response, the court has lifted the settlement stay and ordered the following briefing schedule for the Government’s motion to dismiss:
(1) Federal Defendants’ motion to dismiss is due November 16, 2012.
EPA Asks OMB to Approve EDSP ICR
Nov 2nd
EPA has asked OMB’s Office of Information and Regulatory Affairs to approve a three year extension of EPA’s Information Collection Request for its Endocrine Disruptor Screening Program. Under the Paperwork Reduction Act, EPA cannot collect EDSP information from anyone without an OMB-approved ICR. EPA’s current ICR expired October 31, 2012. The public has until November 29, 2012, to comment to OMB about EPA’s request for an ICR extension. This ICR only covers the current Tier 1 tests of the EDSP.
Click here to read EPA’s Federal Register notice that the ICR has been submitted to OMB.
Court Denies Industry Motion and NGOs Move for Summary Judgment in ESA Pesticides Case
Oct 25th
Environmental NGOs have sued EPA in a Seattle, Washington federal district court claiming that EPA has not taken any steps to implement the measures recommended in NMFS’ ESA consultation biological opinions for diazinon, malathion, chlorpyrifos, carbaryl, carbofuran, and methomyl. Dow AgroSciences and CropLife America intervened in the case, and filed a motion for judgment on the pleadings in it.
In an order dated October 1, 2012, the court denied the Interveners’ motion. On October 10, 2012, the plaintiffs’ filed a motion for summary judgment in the case.
● Click here to read court’s order denying motion to dismiss
CRE Files Comments with EPA on Public Participation in ESA Consultations
Oct 18th
On October 16, 2012, CRE filed comments with EPA on the Agency’s Proposal Regarding Stakeholder Input in the FIFRA Pesticide Registration Review and ESA Consultation Processes. CRE’s comments included the following points:
- The Proposal should be revised to state the Information Quality Constraints on use of third party information.
- EPA and the Services should allow public comment on any proposed action incorporating NRC recommendations about the ESA consultation process.
- The Services should respond to public comment on their BiOps and other consultation documents.
Click here to read CRE’s comments.
CRE Comments on EDSP ICR
Oct 12th
The Environmental Protection Agency has announced its intent to ask the Office of Management and Budget to authorize an extension of EPA’s current Information Collection Request for EPA’s Endocrine Disruptor Screening Program. On October 9, 2012, the Center for Regulatory Effectiveness filed comments on this ICR which made several arguments against the ICR, including the following:
- This ICR and the EDSP violate the Paperwork Reduction Act (“PRA”) because they include tests which are not the least burdensome alternative.