CropLife America Files Request to Intervene in Polar Bear Lawsuit

WASHINGTON, DC – CropLife America (CLA) has requested to intervene in the Center for Biological Diversity's lawsuit brought against the Environmental Protection Agency (EPA) which alleges that the agency has violated the Endangered Species Act (ESA). The lawsuit filed by the activist group is seeking to preemptively invalidate registrations for pesticides that it claims jeopardize the polar bear.

“We fully support EPA fulfilling its statutory responsibilities under ESA,” said Jay Vroom, president and CEO of CLA. “However, a rescinding or suspending product use restriction with no evidence of actual harm to polar bears would eliminate key protections put in place under FIFRA for pesticide registrants. This lawsuit overlooks the voluminous scientific data, analysis and legal safety criteria required for registration by EPA which show these valuable and necessary crop protection products to be safe for use.”

The EPA evaluates potential risks to threatened and endangered species from pesticides as part of its registration review program. As required by the ESA, the agency also consults with the Fish & Wildlife Service (FWS) in the registration and approval of chemical products that may affect listed species or their habitats, to ensure the products cause “no unreasonable adverse effects on the environment.” In its July 2009 notice of intent to file suit, the Center argued that any impact from crop protection products must be reduced or “eliminated entirely,” or their use be restricted or suspended to protect polar bears.

“EPA’s rigorous scientific reviews of our members’ products, as well as their continued review on a regular basis, help assure that all crop protection products meet current scientific and regulatory standards,” said Doug Nelson, executive vice president and general counsel of CLA. “But imposing restrictions without formal consultations, prior to EPA effects determinations and with no finding of legal liability, would ignore FIFRA and result in an uncertain registration process for those who must rely on it.”

Established in 1933, CropLife America (www.croplifeamerica.org) represents the developers, manufacturers, formulators and distributors of plant science solutions for agriculture and pest management in the United States. CropLife America’s member companies produce, sell and distribute virtually all the crop protection and biotechnology products used by American farmers.

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