1 / 5

Ellis Litigation: Challenging EPA Actions on Clothianidin and Thiamethoxam

Explore the case history of the Ellis litigation filed in 2013 against EPA actions related to pesticides. Learn about the claims, court opinions, and ongoing litigation schedule.

hlegrand
Download Presentation

Ellis Litigation: Challenging EPA Actions on Clothianidin and Thiamethoxam

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Ellis Litigation – Case History • Filed on March 21, 2013 against EPA challenging EPA actions related to clothianidin and thiamethoxam • Filed in U.S. District Court, Northern District of California (San Francisco) • Plaintiffs are bee keepers (Ellis, Doan, Theobold, Rhodes) and NGOs (Center for Food Safety, Sierra Club, Beyond Pesticides, Center for Environmental Health) • Syngenta, Bayer, Valent and CropLife intervened on side of EPA • Intervenors are allowed to participate fully Classification: INTERNAL USE ONLY

  2. Ellis Litigation – Case History • Second Amended Complaint (May 9, 2014) controls the case – 6 claims under the APA, FIFRA and ESA • Order and Opinion dated May 8, 2017 • Judge held that APA and FIFRA claims cannot be pursued further. These claims are dismissed: • Plaintiff’s claim that EPA violated the APA in denying their petition that clothianidin poses an imminent hazard • Plaintiff’s claim that EPA violated FIFRA and the APA by refusing to suspend clothianidin registration • Plaintiff’s claim that EPA violated FIFRA notice requirements for new uses of clothianidin and thiamethoxam Classification: INTERNAL USE ONLY

  3. Ellis Litigation – Case History • Judge held that EPA violated the ESA by failing to consult with Services before granting certain clothianidin and thiamethoxam registrations • Judge has not ruled on the “remedy” • With the parties’ input, she set a schedule for further deliberations and briefing on an appropriate remedy Classification: INTERNAL USE ONLY

  4. Ellis – US registrations involved in the case • 59 clothianidin and thiamethoxam-containing end-use/technical product registrations are at issue • Not at issue in the case: • registrations that pre-date March 21, 2007 • TMX registrations that post-date filing of complaint on March 21, 2013 Classification: INTERNAL USE ONLY

  5. Ellis – litigation schedule Alternative Dispute Resolution (ADR) is ongoing Briefing on Remedies: • January 5, 2018: deadline for Defendants to file briefs with court – arguing why the Court should not issue an order vacating or restricting some or all 59 clothianidin and TMX registrations • February 16, 2018: deadline for Plaintiffs to file brief with the Court – responding to the briefs filed by Defendant and Defendant-Intervenors • March 16, 2018: Court scheduled hearing on the legal remedy briefing District Court could reach a decision on the legal remedy as soon as mid-March 2018 Classification: INTERNAL USE ONLY

More Related