by Todd Neely, DTN Staff Reporter
OMAHA (DTN) — Both sides in a federal lawsuit that could affect the use of hundreds of pesticides may be getting closer to striking a settlement agreement, according to a status report filed in a California court Friday.
Both sides have asked for an extension of the negotiation deadline from May 4 to July 13, indicating they are making progress.
On Jan. 20, 2011, the Center for Biological Diversity and other environmental groups filed suit in the U.S. District Court for the Northern District of California, alleging EPA violated the Endangered Species Act by not consulting federal wildlife officials about the potential effects that pesticides and other ag chemicals would have on hundreds of species.
The lawsuit names some 300 registered pesticides and other ag chemicals, and their potential effects on about 200 species. The lawsuit could affect some 30,000 ag chemical-endangered species combinations in all 50 states.
Settlement negotiations have been ongoing in the case since May 2011.
“Plaintiffs and the federal defendants have made substantial progress towards settlement and are in the process of arranging the next settlement meeting to continue discussions,” according to the status report. “Interveners oppose the stipulation to extend the stay but will continue to participate in any settlement negotiations.
“To allow these discussions to continue, and in the interest of judicial economy, plaintiffs and the federal defendants respectfully request that the court hear argument on May 4 on the pending motions to lift the stay and intervene but otherwise extend the stay of litigation days from May 4, 2012, to July 13, 2012.”
According to court documents, the plaintiffs and defendants in the case held four settlement meetings in 2011, and three so far in 2012, including most recently on April 18.
In addition, the status report said the plaintiffs circulated “written settlement proposals” on July 13, July 21, Oct. 5 and Dec. 19 of 2011 and on Feb. 6 and March 23 of 2012.
Ag groups and other interveners including CropLife America, the American Farm Bureau Federation and the American Chemistry Council, have expressed concern that if the case is allowed to move forward without their input, many agricultural chemicals could be removed from the market while EPA reconsiders their effects on endangered species.
The parties will submit a status report two weeks prior to the expiration of the stay (on June 29, 2012). Plaintiffs and the federal defendants also requested that the court set the case management conference for July 13, 2012, at 1:30 p.m. with a case management statement due July 6, 2012.
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Posted with DTN Permission by Haylie Shipp
