News & Analysis as of

Pesticides National Marine Fisheries Service

Bergeson & Campbell, P.C.

EPA Issues Draft Revised Method for ESA Pesticide Assessments

On May 16, 2019, the U.S. Environmental Protection Agency (EPA) announced that it was seeking comment on its Draft Revised Method for National Level Endangered Species Risk Assessment Process for Biological Evaluations of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pesticides/Endangered Species Act: Center for Biological Diversity Petition Seeking Restriction of Uses in Areas Designated...

The Center for Biological Diversity (“CBD”) submitted a January 7th document to the National Marine Fisheries Service and United States Fish and Wildlife Service (collectively “Services”) titled: Petition for Rulemaking to...more

Bergeson & Campbell, P.C.

EPA Signs MOA on ESA; Establishes Interagency Working Group

On January 31, 2018, Scott Pruitt, the Administrator of the U.S. Environmental Protection Agency (EPA), announced the establishment of an Interagency Working Group to Coordinate Endangered Species Act (ESA) Consultations for...more

Nossaman LLP

Endangered Species Act Case Roundup

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Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more

Bergeson & Campbell, P.C.

EPA Issues Final 2016 NPDES Pesticide General Permit

On November 1, 2016, the U.S. Environmental Protection Agency (EPA) published its Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges from the Application of...more

Bergeson & Campbell, P.C.

EPA Makes Available Supporting Documents for Endangered Species Biological Evaluations

On December 11, 2015, the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP) made publicly available several documents associated with the Biological Evaluations (BE) for the first three “pilot”...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

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NEW REGULATORY DEVELOPMENTS - Federal - Final 2014 Effluent Guidelines Program Plan and 2014 Annual Effluent Guidelines Review Report EPA is announcing the availability of its Final 2014 Effluent Guidelines...more

Bergeson & Campbell, P.C.

NMFS Issues New BiOp for Pesticide Effects on Pacific Salmon, but the Methodology Used and Mitigation Proposed Remain...

On January 20, 2015, the National Marine Fisheries Service (NMFS) issued its latest Biological Opinion (BiOp) in a series of BiOps evaluating potential effects of pesticide use on salmon in the Pacific Northwest....more

Nossaman LLP

Court Allows ESA Claims Involving Oversight of Pesticides to Move Forward

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In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293-JCS, plaintiffs alleged that the Environmental Protection Agency (EPA) violated section 7 of the Endangered Species Act by failing to...more

Bergeson & Campbell, P.C.

EPA Guidance on Pesticide Drift Will Affect Product Registrations

How to address and manage potential risks posed by pesticide “drift” -- the unintentional movement of some level of pesticide outside of the intended area of application -- has long been a challenging, complex regulatory...more

Nossaman LLP

Oversight Of Pesticide Ingredients May Trigger A Duty To Consult Under The Endangered Species Act

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In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293, plaintiffs sued the Environmental Protection Agency (EPA), alleging that EPA’s oversight of pesticide ingredients, including trifluralin,...more

Nossaman LLP

Fourth Circuit Strikes NMFS Biological Opinion Regarding Pesticide Registrations

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In a unanimous panel decision, the United States Court of Appeals for the Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service (NMFS) regarding the effects of three pesticides on...more

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