“Instead, after acknowledging that its registration of Enlist Duo ‘may affect’ listed species, EPA relied entirely on its own internal assessments of the risks to conclude that the substantial increase in 2,4-D use ultimately will have ‘no effect’ on any listed species or designated critical habitat. The manner in which EPA came to this purported ‘no effect’ determination flatly violates this Court’s consistent interpretation of the ESA’s requirements,” the motion states.

“EPA’s assumption that only endangered plants and animals in the sprayed fields themselves, or those that feed on such plants and animals, may be affected by the spraying is arbitrary and capricious,” it continues.

“EPA is well aware that pesticides routinely drift and affect public health and wildlife beyond the fields in which they are sprayed. To ignore this known risk and avoid consultation with other expert agencies is unlawful and irresponsible,” stated George Kimbrell, senior attorney for Center for Food Safety, in a statement issued Monday.

Earthjustice managing attorney Paul Achitoff added, “EPA admits that its approval of a toxic pesticide cocktail including 2,4-D for widespread use may affect endangered species, including the whooping crane, one of the most endangered animals on earth.”

“We ask only that the Court decide whether EPA has violated the law, as we believe it has before putting these imperiled birds at further risk,” Achitoff continued.

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