Federal Government Signs Settlement Agreement Regarding Endangered Species

EPA and the Department of Justice have signed a Settlement Agreement which resolves a lawsuit brought against the EPA by the Center for Biological Diversity and the Save Our Springs Alliance (SOSA). The Settlement Agreement would establish a series of deadlines for the Agency to make “effects determinations” for pesticides containing any of six active ingredients, to determine their potential effect on the Barton Springs salamander, Eurycea sosorum,or its designated critical habitat. For each of these six active ingredients, the Agency will make an “effects determination” to determine whether its action:

has no effect on the Barton Springs salamander;
may affect but is not likely to adversely affect this species; or
may affect and is likely to adversely affect this species.

Pursuant to the Settlement Agreement, if the Agency determines that its action “may affect and is likely to adversely affect” the Barton Springs salamander or designated critical habitat the Agency will initiate consultation with the U.S. Fish and Wildlife Service (FWS). The Settlement Agreement also states that plaintiffs in this case will not seek injunctive relief (further use restrictions) for these pesticides during EPA’s review of potential effects. If EPA determines the pesticide may affect the barton springs salamander, plaintiffs may seek further injunctive relief through a separate legal action. EPA requested public comment on the Proposed Settlement Agreement and considered the comments received prior to signing this agreement. The Agency has posted a copy of the Settlement Agreement (PDF) (16 pp., 79 kb, about PDF) and a fact sheet.

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Federal Government Signs Settlement Agreement Regarding Endangered Species

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