ELR Citation: ELR 20138
No(s). 04-35138 (9th Cir. Jun 29, 2005)

The court held that the U.S. Environmental Protection Agency (EPA) violated the Endangered Species Act (ESA) §7(a)(2) when it failed to consult with the National Marine Fisheries Service before approving certain pesticides. EPA argued that it is bound to follow only the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which include a limited provision dealing with endangered species. But even though EPA registers pesticides under FIFRA, it must also comply with the ESA when threatened or endangered species are affected. The Agency cannot escape its obligation to comply with the ESA merely because it is bound to comply with another statute that has consistent, complementary objectives. And the injunctive relief granted was well within the district court's discretion to require compliance with the ESA. Thus, the district court's order enjoining EPA's approval pending its compliance with the ESA §7(a)(2) consultation requirements was affirmed.