Trouble for EPA: Environmental groups are suing over ESA and CAFOs

Environmental groups are prepping to sue the EPA, claiming the Agency violated the Endangered Species Act when registering Enlist herbicides.

The Center for Food Safety and the Pesticide Action Network both allege the EPA failed to consult with the U.S. Fish & Wildlife Service before approving Enlist One and Enlist Duo. They claim the Agency failed to insure against harm to endangered species and habitats in 34 states where the herbicides are used. Corteva, the maker of Enlist, says they are disappointed and believe the pending lawsuit is without merit.

Additional environmental groups have filed suit with the Ninth Circuit Court of Appeals in an effort to force the Agency to address clean water rules surrounding Concentrated Animal Feed Operations.

More than five years ago, Food & Water Watch filed a rule-making petition, claiming the EPA’s regulation of Concentrated Animal Feed Operations failed to protect waterways.

The groups say the Agency has failed to respond to those requests and call it a violation of the Administrative Procedure Act, which requires agencies like the EPA to respond to petitions within a reasonable time.

Groups say the lack of response is “unlawfully prolonging dangerous pollution and public health threats from factory farms.” We reached out to the Agency who says they do not comment on public litigation.

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