Washington Toxics Coalition v. Environmental Protection Agency

This litigation is about the Environmental Protection Agency’s registration of 54 pesticide active ingredients that the plaintiff environmental coalitions fear may harm endangered or threatened salmon and steelhead in the waters of the Pacific Northwest. The plaintiffs, Washington Toxics Coalition et al., (“WTC”), contend that EPA violated the Endangered Species Act, 16 U.S.C. § 1536 (a)(2), by failing to consult with the National Marine Fisheries Service before approving the pesticides.

EPA admittedly did not do any such consultation, and it agrees that the Endangered Species Act requires consultation with the National Marine Fisheries Service for action affecting these endangered or threatened fish. EPA contends, however, that because in registering the pesticides, it complied with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. §§ 136 , et seq., it was not bound by the consultation requirements of the Endangered Species Act (“ESA”). EPA therefore appeals the district court’s orders requiring EPA to engage in consultation and suspending EPA’s authorization of the pesticides pending the consultation.

Plaintiffs Washington Toxics…