Center for Biological Diversity v. Environmental Protection Agency
Opinion
Lead Opinion
Spero, J.
Dkt. Nos. 203, 204
ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS
I. INTRODUCTION
In this action, Plaintiffs Center for Biological Diversity and Pesticide Action Network North America (“Plaintiffs”) allege the Environmental Protection Agency and Gina McCarthy, Administrator of the Environmental Protection Agency (collectively, “EPA”) violated the section 7(a)(2) of the Endangered Species Act (“ESA”) by failing to initiate and reinitiate consultations regarding the effect of pesticides on endangered species and critical habitats. •The Court-previously granted motions to dismiss filed by the EPA and Intervenors (collectively, “Defendants”), and allowed Plaintiffs to amend their allegations. See Center for Biological Diversity v. E.P.A., No. 11-0293 JCS, 2013 WL 1729573 (N.D.Cal. April 22, 2013).
Presently before the Court are Defendants’ Motions to Dismiss Plaintiffs’ Second Amended Complaint (hereafter, “Motions”). For the reasons explained below, the Motions to Dismiss are GRANTED in part and DENIED in part.
II. BACKGROUND
A. The Endangered Species Act (“ESA”)
The ESA provides for the listing of species as threatened or endangered. See 16 U.S.C. § 1533 .…