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Challenge to EPA's Failure to Protect Salmon from Pesticides

Case Overview

Earthjustice is representing the Pacific Coast Federation of Fishermen's Associations, the Northwest Coalition for Alternatives to Pesticides, and Defenders of Wildlife in challenging the federal government’s failure to protect endangered and threatened salmon and steelhead from exposure to six toxic pesticides—diazinon, malathion, chlorpyrifos, carbaryl, methomyl, and carbofuran—which are known to contaminate waterways throughout California and the Pacific Northwest and poison salmon and steelhead.

In 2002, Earthjustice obtained a federal court order declaring that the U.S. Environmental Protection Agency had violated the Endangered Species Act by failing to consult with the National Marine Fisheries Service on the impacts that these pesticides have on salmon and steelhead. As a result of that lawsuit, EPA began consultations, but years later NMFS still had not yet issued biological opinions or identified the measures needed to protect salmon and steelhead from the pesticides. In 2007, Earthjustice filed a second lawsuit and entered into a settlement agreement with NMFS that establishes a schedule for issuing the required biological opinions.

In 2008, NMFS issued the first of these biological opinions and concluded that use of these pesticides would jeopardize the continued existence of 27 species of Pacific salmon and steelhead and destroy or adversely modify the critical habitat for 25 of those species. In the biological opinions, NMFS described specific protective measures that would avoid jeopardizing these imperiled salmon. Two years later, EPA has yet to implement a single one of the protective measures NMFS required to protect the fish.

In November 2010 Earthjustice again turned to the courts, filing a lawsuit in U.S. District Court in Seattle challenging EPA’s continued failure to protect West Coast salmon and steelhead from these toxic pesticides. The suit seeks to force EPA to finally implement the salmon protection measures that NMFS required, including no-spray buffer zones, to reduce the levels of pesticides in salmon-bearing streams.
 

Case Updates

August 13, 2014 | Press Release

Obama Administration Finalizes Stronger Stream Buffers to Protect Imperiled Salmon from Pesticides

The Environmental Protection Agency today finalized an agreement to restore no-spray buffer zones around waterways to protect imperiled salmon and steelhead from five toxic pesticides. A coalition of conservation organizations, advocates for alternatives to pesticides, and fishing groups cheered the victory. These groups brought a lawsuit to demand reasonable fish protections from the insecticides, some of which are derived from nerve toxins developed during World War II.

May 1, 2013 | Legal Document

NCAPvEPA60-daynotice

Sixty-Day Notice of Intent to Sue for Violations of the Endangered Species Act that impact survival and recovery of threatened and endangered salmon and steelhead.

April 26, 2012 | Blog Post

Judge: Salmon-killing Dams Should Go

In a recent video interview, federal judge James A. Redden said four dams on the lower Snake River should go. As he explained, it’s easier to take the dams out than it was to put them in and the change is needed for salmon to survive. This is the same judge who rejected three different weak federal plans which were supposed to protect endangered Snake and Columbia River salmon from the extensive harm caused by hydroelectric dams.