Conserving the Nature of America

News Release

Settlement Will Result in Completion of Nationwide ESA Consultations on Effects of Five Pesticides on Threatened and Endangered Species

August 27, 2014


Division of Public Affairs
External Affairs
Telephone: 703-358-2220

On July 28, 2014, the U.S. District Court for the Northern District of California approved a settlement agreement between the U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency (EPA) and the Center for Biological Diversity (the Center) that will result in the completion of Endangered Species Act (ESA) section 7 consultations that assess the effects of five pesticides on listed species. The five pesticides are: carbaryl, chlorpyrifos, diazinon, malathion and methomyl. This agreement amends a 2013 settlement agreement between these parties. The Service and EPA expect to complete nationwide ESA consultations for three of the five pesticides by December 31, 2017, and for the remaining two pesticides by December 31, 2018.

There are approximately 1,500 domestic species listed as threatened or endangered under the ESA of which more than 1,400 are under the jurisdiction of the Service. The purpose of the consultation process is to assist federal agencies in meeting their duty to ensure that any action they authorize, fund or carry out is not likely to jeopardize the continued existence of any species listed as endangered or threatened or to result in the destruction or adverse modification of designated critical habitat. As part of carrying out the consultation process for pesticide products, the Service, along with EPA, NOAA-Fisheries and the U.S. Department of Agriculture, is committed to providing product registrants, product users and other interested parties with the opportunity for involvement in the process. The Service will provide notifications regarding how that involvement will be sought as the consultations proceed.
On October 20, 2006, the U.S. District Court for the Northern District of California issued a stipulated injunction to resolve a case brought against the EPA by the Center. The court’s injunction included use restrictions, such as buffer areas around certain habitats of the California red-legged frog. The pesticide use restrictions in the stipulated injunction are still in effect.

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