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US court allows ESA pesticide suit to proceed

A federal judge has rejected a bid by the US Fish and Wildlife Service (FWS) to dismiss a lawsuit that alleges the agency failed to ensure that legal pesticide uses did not jeopardise two endangered species in California.  The court order is a victory for the Center for Biological Diversity (CBD), which filed suit against the FWS in February for failing to complete consultations with the EPA on the impacts of three herbicides on the Delta smelt and the Alameda whipsnake. Both Bay Area species are listed as “threatened” under the Endangered Species Act (ESA). The herbicides in question are alachlor, atrazine and 2,4-D.

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