The Center for Biological Diversity and Pesticide Action Network North America have sued EPA claiming that the agency violated the Endangered Species Act (ESA) by failing to consult with the Fish and Wildlife Service or the National Marine Fisheries Service on 214 endangered and threatened species that may be imperiled by the use of various pesticides. Ctr. for Biological Diversity v. EPA, No. N/A (N.D. Cal. filed 1/20/11).
The ESA requires EPA and other federal entities to seek input from one of the two wildlife agencies when pursuing actions that could affect listed species. In many cases, the input may be in the form of a “biological opinion.” The complaint seeks both declaratory and injunctive relief, asking the court to (i) declare that EPA violated section 7(a)(2) of the ESA by failing to consult concerning the effects of pesticides on endangered and threatened species and critical habitats and (ii) order the agency to begin or reinstate consultation as required by section 7(a)(2).