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Keywords

lawsuitsettlementstatuteinjunctioncomplianceendangered species act
endangered species act

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Defenders of Wildlife v. Administrator, E.P.A., 882 F.2d 1294, 30 ERC 1460, 19 Envtl. L. Rep. 21,440

Facts

Several environmental interest groups, including Defenders of Wildlife and Sierra Club, sued the EPA and the Secretary of the Interior to prohibit the above-ground use of strychnine pesticides, which were found to be harmful to endangered species. The EPA had previously issued a Notice of Intent to Cancel several strychnine registrations but later entered into a settlement agreement allowing continued use with restrictions. The environmental groups objected to this agreement, leading to the lawsuit claiming violations of various wildlife statutes.

Strychnine is an active ingredient in several pesticides registered with the EPA. This poison is highly toxic and kills both target and nontarget species of wildlife.

Issue

Did the EPA's continued registration of strychnine pesticides violate the Endangered Species Act by resulting in illegal takings of endangered species?

The organizations could maintain a suit under the citizen suit provision of the Endangered Species Act, even if an incidental result of a successful suit would be cancellation of a pesticide registration.

Rule

The Endangered Species Act requires federal agencies to ensure that their actions do not jeopardize the continued existence of endangered species and prohibits the taking of such species without authorization.

The ESA commands that a federal agency, in consultation with the Secretary, must 'insure that any action [the agency] authorize[s] * * * is not likely to jeopardize the continued existence of any endangered species or threatened species.'

Analysis

The court found that the EPA's continued registration of strychnine pesticides resulted in poisonings of protected species, constituting illegal takings under the ESA. The EPA failed to obtain an incidental taking statement prior to the poisonings, which violated the ESA's requirements. The court concluded that the relationship between the registration decision and the deaths of endangered species was clear, thus affirming the district court's ruling.

The EPA's strychnine registrations had a prohibited impact on endangered species.

Conclusion

The court affirmed the district court's decision that the EPA's actions constituted illegal takings under the ESA and upheld the injunction against the continued registration of strychnine until compliance with the ESA could be ensured.

The court properly enjoined the EPA from continuing strychnine registrations under these circumstances.

Who won?

Defenders of Wildlife and other environmental organizations prevailed in part, as the court ruled that the EPA's actions violated the ESA by allowing illegal takings of endangered species.

The district court held the EPA had violated the ESA because its continued registrations of strychnine resulted in unauthorized takings of endangered species.

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