FWS Sends EPA a Negative Final Biological Opinion for Rozol
Apr 13th
In a document dated April 9, 2012, the U.S. Fish and Wildlife Service sent EPA a final Endangered Species Act biological opinion for the proposed use of Rozol Prairie Dog Bait. Rozol is registered under FIFRA. This FWS BiOp states, “The current Rozol label and registration requirements are inadequate for addressing Migratory Bird Treaty Act and Golden Eagle Protection Act bird deaths that have previously from Rozol use and that are expected to continue under the proposed action.”
● Click here to read FWS’ Rozol biological opinion
SFIREG Committee Meets in May
Apr 5th
The Association of American Pesticide Control Officials State FIFRA Issues Research and Evaluation Group, Pesticides Operations and Management Working Committee will hold a 2-day meeting, beginning on May 30, 2012 and ending May 31, 2012. The meeting will be held at EPA Region Five Metcalf Office Building, 12th Floor, 77 West Jackson Blvd., in Chicago, Illinois. The agenda will include EPA expectations of State Lead Agencies and Regions in pesticide cooperative agreement negotiations, and EPA’s Revised Rodenticide Risk Mitigation Decision for Professional Use Rodenticides. The meeting is open to the public, and there will be an opportunity for public comment.
EPA Seeks Comment on New NMFS BiOp
Apr 5th
EPA is seeking comments by April 30, 2012, on draft Reasonable and Prudent Measures and Alternatives included in a draft Biological Opinion received from the National Marine Fisheries Service. This draft Biological Opinion addresses the potential effects from three pesticides on Pacific salmon and steelhead listed as endangered or threatened under the Endangered Species Act. The three pesticides are: oryzalin, pendimethalin, and trifluralin.
● Click here for EPA’s website on this NMFS BiOp, which includes a link to the BiOp itself
Industry Interveners Argue that California Court Has to Decide Their Jurisdictional Motion
Mar 21st
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. At the Government’s and NGO’s request, the case has been stayed to allow settlement negotiations. Several industry Interveners filed motions to dismiss the NGO plaintiffs’ complaint for lack of jurisdiction over the case; to allow their intervention for all purposes in the case; and to lift the stay of 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 Government Defendants and NGO Plaintiffs oppose the industry Intervener motions, and want the stay continued to allow settlement negotiations to continue.
EPA Cancels Seven Pesticide Inerts
Mar 21st
EPA issued Data Call-Ins to companies that manufacture or import any of the following nine chemicals currently used as inert ingredients in pesticide products: Acetone, isophorone, di-sec-octyl phthalate, toluene, methyl ethyl ketone, butyl benzyl phthalate, dibutyl phthalate, diethyl phthalate, and dimethyl phthalate. The Data Call-Ins required recipients to submit specific screening data on hormonal effects under EPA’s Endocrine Disruptor Screening Program.
EPA Comments on FWS’ Rozol BiOp
Mar 16th
In a letter dated March 9, 2012, the U. S. Environmental Protection Agency submitted very detailed comments on the U.S. Fish and Wildlife Service’s January 16, 2012, Draft Biological Opinion on the potential effects from application of Rozol Prairie Dog Bait. This FWS BiOp addresses Rozol’s application to control Black-tailed Prairie Dogs and its effects during this use on several federally listed threatened or endangered species. This BiOp is the product of litigation which has been discussed in previous articles on this website.
● See http://www.epa.gov/espp/2012/responsefws-1-16-12.pdf for EPA’s March 9th letter to FWS.
EPA Opposes Motion to Dismiss ESA Pesticides Mega-Case
Mar 9th
EPA Opposes Motion to Dismiss ESA Pesticides Mega-Case
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. On February 21, 2012, several industry interveners filed a motion to dismiss the NGO plaintiffs’ complaint. The interveners include CropLife America and the American Chemistry Council.
On March 6, 2012, EPA and the Justice Department filed with the court the Government’s opposition to the industry interveners’ motion to dismiss. The Government opposes the motion to dismiss “because the Plaintiffs and Federal Defendants are currently pursuing further settlement discussions and the stay will allow those discussions to continue and serve the interests of judicial economy.”
NGOs Oppose Industry Motion to Dismiss ESA Pesticides Mega-Case
Mar 9th
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. On February 21, 2012, several industry interveners filed a motion to dismiss the NGO plaintiffs’ complaint. The interveners include CropLife America and the American Chemistry Council.
On March 6, 2012, the plaintiff NGOs filed two pleadings with the court in opposition to the industry interveners’ motion to dismiss.
Annual AAPCO Meeting
Mar 2nd
The Association of American Pesticide Control Officials was formed in 1947, the same year that Congress enacted the Federal Insecticide, Fungicide and Rodenticide Act. Members of AAPCO consist of the officers charged by law with the execution of the state, territorial, provincial, and federal laws in the United States, including all its territories, and in Canada. The 2012 AAPCO Conference will be held March 4-7, 2012, Hilton Alexandria, Old Town, in Alexandria, VA.
The agenda for 2012 AAPCO meeting is attached below.
Farm Bureau Supports Motion to Dismiss ESA Pesticides Mega Case
Mar 2nd
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. On February 21, 2012, several industry interveners filed a motion to dismiss the NGO plaintiffs’ complaint. The interveners include CropLife America and the American Chemistry Council. Their Motion argues that the NGO plaintiffs’ claims should be dismissed for the following reasons.
Plaintiffs should have brought their claims directly challenging EPA’s registration decisions in a court of appeals, not in the California federal district court.