ELR Citation: 53 ELR 20004
No(s). 15-1054 (D.C. Cir. Dec 23, 2022)

The D.C. Circuit, 2-1, granted a joint motion to hold in abeyance four petitions to invalidate pesticide registration orders issued by EPA. Conservation groups initially petitioned the court for vacatur and remand of five registrations for failure to comply with the ESA. The parties then jointly requested that the court hold the petitions in abeyance to allow for settlement negotiations. They subsequently reached an agreement allowing the registrations to stand if EPA fulfills its ESA obligations by agreed deadlines, and jointly moved for an order returning the petitions to abeyance until the deadlines. The court found that the proposed order was fair and reasonable, reflecting the parties' agreement that the court should retain jurisdiction, enter their proposed schedule for compliance, and hold the petitions in abeyance until the agreed time has elapsed. It granted the motion and held four of the petitions in abeyance, and granted the parties' request to dismiss the fifth petition as moot since EPA already met its deadline under the settlement to review that registration.