News & Analysis as of

US Fish and Wildlife Service Environmental Protection Agency (EPA) Pesticides

Bergeson & Campbell, P.C.

Ya-Wei (Jake) Li, Deputy Assistant Administrator for Pesticide Programs, to Leave EPA and Take Position with FWS

On September 30, 2024, Ya-Wei (Jake) Li, Deputy Assistant Administrator for Pesticide Programs at the U.S. Environmental Protection Agency (EPA), announced that he will be leaving EPA to take a position with the U.S....more

Nossaman LLP

CBD Lawsuit Challenges Service’s Failure to Prevent Toxic Pesticides from Harming Endangered Species

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On February 1, 2024, the Center for Biological Diversity (CBD) filed an amended complaint (Complaint) in the U.S. District Court of Arizona, alleging the U.S. Fish and Wildlife Service (Service) failed to timely analyze the...more

Allen Matkins

California Environmental Law & Policy Update 12.29.23

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Truck engine maker Cummins Inc. has agreed in principle to pay a $1.675 billion civil penalty for installing devices on hundreds of thousands of engines to allow them to emit excess pollution. According to the U.S. Department...more

Bergeson & Campbell, P.C.

EPA Announces Proposed New Mitigation Measures for Rodenticides, Including Pilot for Protecting Endangered Species

On November 29, 2022, the U.S. Environmental Protection Agency (EPA) announced proposed new mitigation measures for 11 rodenticides, including measures to reduce potential exposures to three federally listed endangered and...more

Bergeson & Campbell, P.C.

EPA Announces the Release of Its Endangered Species Act Workplan Update

On November 16, 2022, the U.S. Environmental Protection Agency (EPA) announced it released an Endangered Species Act (ESA) Workplan Update (Workplan Update) that outlines major steps to increase protections for wildlife and...more

Allen Matkins

California Environmental Law & Policy Update - December 2021 #2

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Industry groups and seven states lose bid to reinstate rule limiting scope of Clean Water Act - Courthouse News Service – December 7 - Seven states and a collection of industry groups fighting to revive a Trump-era...more

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 Proposes Joint Stipulation in Ellis Case Requiring EPA to Issue ESA Effects Determinations for T

On December 12, 2018, the U.S. Environmental Protection Agency (EPA) announced a proposed joint stipulation and proposed stipulated notice of dismissal for Ellis v. Keigwin, No. 3:13-CV-1266 (N.D. Cal). 83 Fed. Reg. 63865. ...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

Bergeson & Campbell, P.C.

D.C. Circuit Remands EPA’s Cyantraniliprole Registration Decision

On June 30, 2017, the U.S. Court of Appeals for the D.C. Circuit issued its opinion in Center for Biological Diversity (CBD), et al. v. U.S. Environmental Protection Agency (EPA), Case No. 14-1036, resolving jurisdictional...more

Nossaman LLP

U.S. District Court Finds EPA Erred in Approving Pesticides Known To Impact Endangered Species

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On May 8, 2017, the U.S. District Court for the Northern District of California granted, in part, a motion for summary judgment brought by plaintiffs in a suit challenging the U.S. Environmental Protection Agency’s (“EPA”)...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 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

Bergeson & Campbell, P.C.

District Court Issues Order Allowing Plaintiffs in Case Seeking Review of Neonicotinoid Pesticides under the ESA to Utilize Extra...

On June 12, 2015, Federal District Judge Maxine Chesney issued a decision in Ellis v. Housenger (N.D. Cal.) allowing the plaintiffs to utilize expert declarations and exhibits that were not included in the certified...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

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