CropLife, others request dismissal of mega suit on crop protection products

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CropLife America and other intervenors moved this week to dismiss a lawsuit that threatens to restrict farmers’ and public health officials’ access to crop protection products approved under the law. The lawsuit, filed by the Center for Biological Diversity and Pesticide Action Network against the Environmental Protection Agency (EPA) in January 2011, alleges the government did not follow proper consultation procedures under the Endangered Species Act (ESA).

Under the ESA, EPA is required to complete a consultation process with wildlife agencies in addition to its review under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which itself takes seven to 10 years and considers the effects of new chemistries on wildlife. EPA hasn’t completed a consultation since 1999 and many believe the consultation process is fundamentally flawed.

The current lawsuit threatens the existing and long-standing registration of more than 380 chemicals that may impact 214 species in 49 states. The suit asks the court to restrict their use while the consultations occur, even though they have been approved under FIFRA.

Source: National Association of Wheat Growers

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