EPA Seeks Public Comment on Proposed Stipulated Injunction Regarding Threatened Species

September 1 - EPA has published in the Federal Register a proposed Stipulated Injunction that would resolve a lawsuit brought against EPA by the Center for Biological Diversity (CBD). The Stipulated Injunction establishes a series of deadlines for the Agency to make "effects determinations" for 66 named pesticides to determine their potential effect on the California red-legged frog (a threatened species native to California). The Stipulated Injunction also (with some exceptions) enjoins, vacates, and sets aside EPA's authorization of uses of the 66 pesticides in certain parts of 33 counties in California. The injunctive relief, vacatur, and setting aside of EPA's authorizations would terminate for a particular use of a pesticide once the Agency reaches a "no effect" or "not likely to adversely affect" determination for which consultation is not necessary, receives the U.S. Fish and Wildlife Service's concurrence on a "not likely to adversely affect" determination for which consultation is necessary, or completes consultation with the Service on any determinations that the action may affect and is likely to adversely affect the species.

The Stipulated Injunction would also require EPA to develop and distribute a bilingual (English and Spanish) brochure regarding certain aspects of the Stipulated Injunction, information about the California red-legged frog and frogs in general, and pesticides. EPA will be required to distribute this brochure to all commercial certified applicators within California, all private certified applicators residing in counties where use authorizations have been set aside, registrants of the 66 pesticides, the California Departments of Pesticide Regulation and Fish and Game, and the Pacific Region of U.S. Fish and Wildlife Service. In addition, EPA is to distribute 250 copies of the brochure to each County Agricultural Commissioner and each Cooperative Extension Agent office in the affected counties.

EPA is seeking public comment to determine if any changes are necessary to the proposed Stipulated Injunction. The full text of the proposed Stipulated Injunction, a Fact Sheet, and instructions for submitting comments are available at www.epa.gov/espp

************************************************ EPA distributes its Pesticide Program Updates to external stakeholders and citizens who have expressed an interest in pesticide activities and decisions. This update service is part of EPA's continuing effort to improve public access to Federal pesticide information.

For general questions on pesticides and pesticide poisoning prevention, contact the National Pesticide Information Center (NPIC), toll free, at: 1-800-858-7378, by E-mail at npic@ace.orst.edu, or by visiting their website at: http://npic.orst.edu/

To report an environmental violation, visit EPA's website at http://www.epa.gov/compliance/complaints/index.html

For information about EPA's pesticide program, visit our homepage at: http://www.epa.gov/pesticides/




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