Northwest Horticultural Council
EPANonrulemakingEPA-HQ-OGC-2018-0745

Ellis v. Keigwin, No. 3:13-cv-01266 (ND CA)

RIN
Last modified
Mar 25, 2022
Comment window
closed 2755d ago
Northwest Horticultural Council filings
1

Activity

Northwest Horticultural Council filed 1 comment on this docket between Dec 26, 2018 and Dec 26, 2018. 1 other organizations filed here. The comment window closed 2755d ago.

What Northwest Horticultural Council filed (1)

Dec 26, 2018· Comment submitted by Barbara Madden, Vice President for Scientific Affairs, Northwest Horticultural Council (NHC)· EPA-HQ-OGC-2018-0745-0006

We write today to commend all parties involved in reaching the proposed joint stipulation and proposed stipulated notice of dismissal in the United States District Court for the Northern District of California in the case of Ellis, et al., v. Keigwin, et al., No. 3:13cv01266. The agreement reached in the Ellis v. Keigwin lawsuit provides growers with regulatory certainty as they prepare for the upcoming 2019 growing season knowing that these important pesticide tools can be used in accordance with the pesticide label and that the harvested commodities can move through the channels of trade. It is vital to U.S. agriculture that there is stability in the pesticide regulatory process. The agreement, which establishes a deadline of June 30, 2022, for the EPA to complete its Endangered Species Act (ESA) effects determinations through EPAs registration review of clothianidin and thiamethoxam, avoids disruption in the market place and provides assurance for growers.

Abstract

On May 8, 2017, the U.S. District Court for the Northern District of California found that EPA had failed to comply with the consultation requirements of section 7(a)(2) of the Endangered Species Act (ESA) with respect to 59 products containing the insecticide active ingredients clothianidin and thiamethoxam. The proposed stipulation and stipulated notice of dismissal would settle the remedy proceeding in that matter. The proposed stipulation provides, among other things, that EPA would agree to complete ESA effects determinations by June 30, 2022, for its FIFRA registration review of clothianidin and thiamethoxam and, as appropriate, request initiation of ESA consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries Service.

View on regulations.gov →