CBD et al v. EPA

21-1270
December 21, 2021
Final judgment
United States, Washington

Environmental NGOs, Health/Food groups
Center for Biological Diversity (CBD), Center for Food Safety (CFS)
EPA
Jonathan Carter Evans, Stephanie M. Parent

Administrative
Petition for writ of mandate
Insecticide, Cyantraniliprole (CTP)
Challenge the EPA for failing. over four years, to comply with a court order requiring it to protect endangered species from the toxic insecticide Cyantraniliprole.
United States Court of Appeals for the District of Columbia Circuit of Washington, United States
Appellate (Appeal) Court

November 22, 2022
Positive
No description
National law

Two Conservation groups file a lawsuit against the Environmental Protection Agency (EPA) for failing to comply with a court order requiring it to protect endangered species from the toxic insecticide cyantraniliprole. The D.C. Circuit Court of Appeals had ruled in 2017 that the EPA violated the Endangered Species Act by failing to consider the pesticide’s potential harm to protected plants and animals when approving cyantraniliprole (Case N° 14-1036). The court ordered the EPA to consult with the U.S. Fish and Wildlife Service and National Marine Fisheries Service to assess those harms. But four and a half years after the court order, the EPA has failed to take even the most rudimentary steps to begin assessing harms from cyantraniliprole. Therefore plaintiffs request that the Court issue a writ of mandamus directing EPA to comply within six months. The Court of Appeals grants the petition and orders EPA to fulfill its long-delayed obligations to protect endangered species from cyantraniliprole. The ruling requires the agency to put protective measures in place by September 2023 and submit status reports every 60 days.