EPA Pesticide Registration and ESA Compliance

On June 14, 2011, the U.S. District Court for the District of Columbia held that EPA‘s initiation of an Endangered Species Act  consultation on the impact of a pesticide registration does not preempt lawsuits seeking to force the agency to complete the consultations.  This case is Defenders of Wildlife, et al., v. Lisa P. Jackson, et al.The court also agreed with the plaintiffs that the registration for Rozol should be revoked.  However, although the court delayed implementing the remedy due to the product’s widespread use, and asked the parties to negotiate a remedy.  The judge said that if the parties were unable to agree, she would hold a July 14 hearing on what injunctive relief to issue.

Syngenta has filed comments which sharply criticize the revised draft biological opinion that NMFS prepared for chlorothalonil. Syngenta’s summary of its comments is partially set forth below:

Read the complete article attached below.

Syngenta Chlorothalonil Comments

Enviros have sued EPA over the Agency’s alleged failure to fulfill its duties to consult with NMFS and FWS under the Endangered Species Act.  Various industry groups moved to intervene in the case.  The enviros opposed intervention. On June 3, 2011, the United States District Court for the Northern District of California ruled on the industry motions to intervene.

Read the complete article attached below.

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On May 31, 2011, CRE filed comments with EPA on NMFS’ revised Biological Opinion for

 the effects of Captan, Chlorothalonil, 2,4-D, Diuron, Linuron and Triclopyr BEE on Pacific salmon. CRE’s comments make the following points:

            ● The BiOp does not comply with NMFS’ Information Quality Act (“IQA”) Pre-Dissemination Review/Certification requirements.

            ● NMFS needs to conduct external peer review of its Population Effects Models to determine their compliance with EPA’s CREM Guidelines.

            ● NMFS needs to analyze journal articles and other studies that it uses to determine whether they meet IQA guidelines.

The thirtieth anniversary of OMB’s regulatory review office, OIRA-the Office of Information and Regulatory Affairs, was celebrated on Friday, May 20th.  The event was sponsored by Susan Dudley, a former OIRA Administrator, who presently heads the George Washington University Regulatory Studies Center.

Virtually all former Administrators and Deputy Administrators made presentations, including Jim Tozzi, the first Deputy Administrator of OIRA.

The Bureau of National Affairs Reports:

“Jim Tozzi, the first deputy administrator of OIRA, said the institution gives a protective shield against the wholesale dismantling of regulatory agencies, which play an integral role in society.