Settlement Agreement - Center for Biological Diversity v. United States Fish and Wildlife Service (No. 3:15-cv-00658-JCS (N.D. Cal) 2016)

On February 19, 2016, the U.S. District Court for the Northern District of California approved a settlement agreement between the U.S. Fish and Wildlife Service (Service) and the Center for Biological Diversity (the Center) regarding the completion of Endangered Species Act (ESA) section 7 consultations assessing the effect of four pesticides on listed species. The four pesticides are: atrazine, simazine, propazine, and glyphosate.

The Center filed a complaint with the Court on February 12, 2015, related to the effects of atrazine and alachlor on the Delta smelt (Hypomesus transpacificus) and 2, 4-D on the Alameda whipsnake (Masticophis lateralis euryxanthus). However, the Service and the Center agree that it would be more efficient for the Service to consult on the potential effects that one pesticide (atrazine) as well as three other pesticides (simazine, propazine, and glyphosate) have on listed species on a nationwide basis. There are currently more than 1,600 species listed as threatened or endangered under the ESA in the United States.

View the current list of listed species.

The 2016 settlement agreement stipulates that if EPA initiates consultation on the four pesticides listed above, the Service will consult on a national level instead of completing consultation on the effects of atrazine and alachlor on the Delta smelt and 2,4-D on the Alameda whipsnake. The EPA expects to complete a nationwide evaluation of atrazine, simazine, propazine, and glyphosate by June 30, 2020 (Center for Biological Diversity v. Environmental Protection Agency, No. 3:07-cv-02794-JCS (N.D. Cal.) 2010). The settlement also stipulates that if the EPA initiates a nationwide consultation with the Service on atrazine, simazine, propazine, and/or glyphosate, the EPA and the Service expect to complete nationwide consultations by December 30, 2022.

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