ELR Citation: 52 ELR 20131
No(s). 21-1270 (D.C. Cir. Nov 22, 2022)

The D.C. Circuit granted environmental groups' motion for writ of mandamus to require EPA to complete its effects determination for the registered pesticide cyantraniliproles. The groups argued EPA was eight years past its deadline under the ESA to complete the effects determination, that it had failed to comply with the court's 2015 remand order to complete the determination and replace the pesticide's registration order with one consistent with the ESA, and was subsequently risking endangered species' health and habitat. The court found that EPA had a "clear duty" to both perform an effects determination before registering cyantraniliproles and obey the court's order, and that its delay was egregious enough to warrant mandamus. It ordered the Agency to complete the determination and replace its previous order with an order consistent with the ESA by September 2023.