Litigation Case History Against EPA: Ellis v. EPA
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Filed on March 21, 2013 against EPA challenging EPA
actions related to clothianidin and thiamethoxam
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Filed in U.S. District Court, Northern District of California
(San Francisco)
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Plaintiffs are bee keepers (Ellis, Doan, Theobold, Rhodes)
and NGOs (Center for Food Safety, Sierra Club, Beyond
Pesticides, Center for Environmental Health)
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Syngenta, Bayer, Valent and CropLife intervened on side of
EPA
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Intervenors are allowed to participate fully
Classification: INTERNAL USE ONLY
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Second Amended Complaint (May 9, 2014) controls the
case – 6 claims under the APA, FIFRA and ESA
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Order and Opinion dated May 8, 2017
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Judge held that APA and FIFRA claims cannot be pursued
further. These claims are
dismissed
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Plaintiff’s claim that EPA violated the APA in denying
their petition that clothianidin poses an imminent hazard
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Plaintiff’s claim that EPA violated FIFRA and the APA by
refusing to suspend clothianidin registration
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Plaintiff’s claim that EPA violated FIFRA notice
requirements for new uses of clothianidin and
thiamethoxam
Classification: INTERNAL USE ONLY
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Judge held that EPA violated the ESA by failing to consult
with Services before granting certain clothianidin and
thiamethoxam registrations
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Judge has not ruled on the “remedy”
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With the parties’ input, she set a schedule for further
deliberations and briefing on an appropriate remedy
Classification: INTERNAL USE ONLY
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59 clothianidin and thiamethoxam-containing end-
use/technical product registrations are at issue
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Not at issue in the case:
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registrations that
pre-date
March 21, 2007
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TMX registrations that
post-date
filing of complaint on
March 21, 2013
Classification: INTERNAL USE ONLY
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Alternative Dispute Resolution (ADR) is ongoing
Briefing on Remedies:
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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
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February 16, 2018: deadline for Plaintiffs to file brief with the Court –
responding to the briefs filed by Defendant and Defendant-Intervenors
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March 16, 2018: Court scheduled hearing on the legal remedy briefing
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Classification: INTERNAL USE ONLY
Filed in 2013 by beekeepers and NGOs against EPA, the Ellis litigation case challenges EPA actions on clothianidin and thiamethoxam registrations. The case includes dismissed claims under APA and FIFRA, with a pending ruling on ESA violations. The litigation schedule involves ongoing Alternative Dispute Resolution with upcoming deadlines for briefings and hearings.
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Presentation Transcript
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 1 Classification: INTERNAL USE ONLY
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 2 Classification: INTERNAL USE ONLY
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 3 Classification: INTERNAL USE ONLY
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 4 Classification: INTERNAL USE ONLY
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 5 Classification: INTERNAL USE ONLY
