05/06/05 New schedule denied in buffer case

05/06/05 New schedule denied in buffer case

Farm and Ranch May 6, 2005 Several months ago, the environmental groups in the Washington Toxics Coalition or buffer case, filed a motion seeking to modify a July 2nd 2002 order creating a schedule for Section 7 consultations over the potential impact of certain pesticides on listed fish. The environmental groups argued that the Court needed to create a new schedule for completing the "may affect"listed salmon determinations. They also argued that although the EPA made those determinations, those determinations were faulty so the Court needed to create a new schedule for redoing those initial determinations. Agricultural groups say that presumably, a buffer injunction request would have followed if the environmental groups had been successful with their motion. The EPA, the Washington State Potato Commission, the Washington State Farm Bureau and CropLife American argued that the EPA had complied with the July 2002 order. They also argued that the Court should not review the adequacy of the "may affect" determinations as part of this litigation saying they are for the most part not ripe for review because the Section 7 consultation process has not been completed for those pesticides. As a result of those arguments the judge denied the environmental groups' motion to modify the schedule. The agriculture intervenors say the ruling is an important battle victory which signals a reluctance on behalf of the Court to expand the scope of the Court's jurisdiction. That's the Northwest Farm and Ranch Report. Brought to you in part by the Washington State Potato Commission. Nutrition today. Good health tomorrow. I'm Bob Hoff on the Northwest Ag Information Network.
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