ELR Citation: 52 ELR 20085
No(s). 20-73146 (9th Cir. Jul 18, 2022)

In an unpublished opinion, the Ninth Circuit granted in part environmental groups' petition to review EPA's registration of a new fungicide called inpyrfluxam. The groups argued EPA failed to make an effects determination under §7(a)(2) of the ESA and to consult with federal wildlife agencies, and sought a deadline for the Agency to complete both actions. EPA admitted error and moved to remand without vacatur or a deadline, indicating it was on track to have a final effects determination by spring of 2023. The court granted the groups' request for voluntary remand, and remanded to EPA to complete its final effects determination and initiate any required consultation by June 22, 2023.