Environmental Group Notifies EPA of Intent to Sue over Pesticide Effects on Polar Bears

The Center for Biological Diversity has sent a 60-day notice of intent to sue letter to the Environmental Protection Agency (EPA) claiming that the agency has failed to take required action under the Endangered Species Act (ESA) to further the polar bear’s conservation when making decisions about the use of pesticides and herbicides under the Federal Insecticide, Fungicide & Rodenticide Act (FIFRA). According to the July 8, 2009, letter, the polar bear was designated an endangered species in May 2008, and the ESA requires the EPA to consider protected species when registering pesticides under FIFRA.

The center contends that many of the pesticides registered in the United States “are known likely to affect the polar bear” and that EPA has failed to comply with its consultation and review obligations as to more than 35 organophosphates, many of which have apparently been detected in the Arctic. Listed are chlorpyrifos, diazinon, disulfoton, fenitrothion, methyl-parathion, and terbufos. Among the nonorganophosphates the center discusses in the letter are atrazine, alachlor, DCPA, and endosulfan.

The center concludes by calling on EPA to “initiate formal consultation under ESA Section 7 regarding the effects of these pesticides on polar bears, including analyzing the cumulative effects of these pesticides in the context of a warming climate,” and to “rescind or suspend registration of all pesticides that ‘may affect’ the polar bear pending the completion of such consultation.”