Facts

In 2007, the Center for Biological Diversity initiated a lawsuit against the EPA for failing to consult with the U.S. Fish and Wildlife Service (FWS) regarding the impacts of 75 pesticides on 11 San Francisco Bay Area threatened or endangered species. The lawsuit also sought to restrict the use of the 75 pesticides in the 11 species' habitats until the Endangered Species Act consultation process is complete.

PLAINTIFF'S CONTENTIONS:
The Center alleged that EPA officials ignored their obligations under the ESA to consult with the FWS to determine the effects of the 75 registered pesticides on eleven listed species and their habitats. The Center sought to force the EPA to initiate and complete consultation with the FWS on the effects of pesticides on the listed species and to obtain some interim protection for the species while the EPA completed its consultations, which are expected to take several years.

Result

The parties reached a settlement which restricts the use of the pesticides in and near the habitats of the 11 species. The EPA also agreed to a schedule for determining the effects of the pesticides on the species and their habitat.