Court Order and Stipulated Injunction Regarding Pesticides and Eleven Species found in the Greater San Francisco Bay Area

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Stipulated Injunction and Order

Background

On May 30, 2007, the Center for Biological Diversity filed a lawsuit in the United States District Court for the Northern District of California alleging that EPA failed to comply with section 7(a)(2) of the Endangered Species Act (ESA) in regard to 47 pesticides and 11 species that are listed as endangered or threatened under the ESA. Ultimately, 75 pesticide active ingredients came to be at issue in this case. After considering public comment the Federal Government agreed to a Stipulated Injunction to resolve the lawsuit, Center for Biological Diversity v. EPA (Case No.: 07-2794-JCS).

On May 17, 2010, the U.S. District Court for the Northern District of California Ordered the Stipulated Injunction establishing a series of no-use buffers on 75 pesticide active ingredients for the protection of 11 species in the following counties of the San Francisco Bay Area: Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano and Sonoma.

Species Included Under this Injunction and Order

The species identified in this injunction and order found in the greater San Francisco Bay are:

  • Alameda whipsnake
  • bay checkerspot butterfly
  • California clapper rail
  • California freshwater shrimp
  • California tiger salamander
  • delta smelt
  • salt marsh harvest mouse
  • San Francisco garter snake
  • San Joaquin kit fox
  • tidewater goby
  • valley elderberry longhorn beetle

Pesticides Active Ingredients Included

The pesticide active ingredients currently affected by this injunction and order are:
Pesticides
2,4-D cyfluthrin magnesium phosphide phorate
acephate cyhalothrin (lambda) malathion potassium nitrate
acrolein cypermethrin maneb propargite
alachlor deltamethrin mancozeb resmethrin
aldicarb diazinon metam sodium s-metolachlor
aluminum phosphide difenacoum methomyl simazine
atrazine difethialone methoprene sodium cyanide
bensulide dimethoate methyl bromide sodium nitrate
beta-cyfluthrin diphacinone metolachlor strychnine
bifenthrin diquat dibromide naled tetramethrin
brodifacoum endosulfan oryzalin thiobencarb
bromadiolone EPTC (eptam) oxydemeton-methyl trifluralin
bromethalin esfenvalerate oxyfluorfen warfarin
carbaryl ethoprop PCNB zeta-cypermethrin
chlorophacinone fenpropathrin pendimethalin zinc phosphide
chlorothalonil fipronil permethrin  
cholecalciferol fluvalinate phenothrin  
chlorpyrifos imidacloprid phosmet  

On July 21, 2015, EPA and the Center for Biological Diversity agreed to a revised settlement agreement that amends a 2010 court order establishing a schedule to complete effects determinations for 75 chemicals on 11 endangered or threatened (listed) species in the San Francisco Bay Area. EPA has already issued effects determinations for 59 of the 75 pesticides. Instead of completing determinations that are limited to the San Francisco Bay Area for the remaining 16 pesticides, EPA and CBD agreed that it would be more efficient and environmentally significant to complete nationwide effects determinations on four pesticides:

  • atrazine
  • simazine
  • propazine
  • glyphosate

The revised settlement agreement includes schedules for completion of effects determinations and initiation of consultation for the four pesticides by 2020. EPA intends to use and build on assessment approaches that are consistent with the April 2013 National Academy of Sciences report recommendations.

EPA has made "No Effect" determinations for six pesticides (azinphos-methyl, carbofuran, disulfoton, methamidophos, methidathion and tralomethrin) as a result of cancellation. Therefore, these six pesticides have been removed and the interim use limitations do not apply to these six pesticides.

Bay Area Interactive Map

In order to assist the public with the identification of the 11 species' habitat areas, U.S. EPA developed a Web site displaying maps which can be queried by street address, zip code, or city name. The areas included under the injunction are highlighted in pink, and when the cursor is placed in the area of choice, it displays links to applicable species/restrictions, which can be printed for each location. The interactive mapping application can be accessed at: SFB interactive mapper.

Comprehensive Table of Active Ingredients Under Pesticide Injunctions

The California Department of Pesticide Regulation has published a comprehensive table, PDF of active ingredients and their corresponding no-use buffers by species. Depending on species, no-use buffers range from 100 to 700 feet for ground applications, and from 200 to 700 feet for aerial applications. These buffers are applicable only around the habitat of these species located within public land survey sections (PLSS) listed in the injunction, as well as Critical Habitat designated by the U.S. Fish & Wildlife Service.

Habitat Identification Materials Produced by DPR

As part of DPR's Endangered Species Project outreach and education, our staff has already developed educational materials (slides | cards) for seven of the species included in this injunction. New educational materials are being developed to include all eleven species and their corresponding habitats.

Species/Habitat County Maps Produced by DPR

Based on the Public Land Survey Sections (PLSS) listed in the San Francisco Bay Area injunction, DPR has developed County/Species maps depicting the areas affected in each county, including the Township/Range/Section grid. A total of 42 County/Species maps are available, providing the corresponding counties with a graphic reference of the sections affected by each species habitat locations, along with the list of active ingredients and applicable buffers for each species.


If you have more questions about these requirements, contact:
Anita Pease
USEPA Headquarters
Ariel Rios Building
1200 Pennsylvania Avenue, N.W.
Mail Code: 7507P
Washington, DC 20460
Phone: (703) 305-0392
E-mail: Pease.Anita@epa.gov