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NRDC & Friends Want To Run The Agencies
A prior column pointed out that a federal court in California rejected the Natural Resources Defense Council's latest attempt to run EPA's pesticide program. The column hoped NRDC had learned its lesson that Congress gave EPA authority over pesticide use, not NRDC. Unfortunately, just like you can't teach an old dog new tricks, you can't teach NRDC and its friends a lesson.

They are continuing their jihad against EPA and pesticides, using the Endangered Species Act as their weapon. They recently filed two lawsuits in a federal court in Washington and another in Baltimore. There may be more to come. While these suits claim to be based on different facts, they all have one fact in common: EPA's pesticide program and the Agency's attempt to improve its Endangered Species Act review through public-notice-and-comment proceedings. EPA is proposing these changes jointly with the Fish & Wildlife Service and the National Marine Fisheries Service, the two Agencies that Congress expressly designated as having primary authority over Endangered Species Act issues. NRDC & Friends (other environmental groups too numerous to name) do not like the Agencies' proposed reforms, and they are asking the courts to usurp the Agencies' regulatory authority and discretion before they even have a chance to make a final decision on their own.

Winston hopes the other courts will follow the California court's lead and deny this conspiracy of regulation by litigation.
  • Click here for Winston's column on California court decision
  • Click here for EPA's and the Service's proposed new Endangered Species Act review process
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