In re: Center for Biological Diversity, et al., No. 21-1270 (D.C. Cir. 2022)
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The Environmental Protection Agency registered a new pesticide without first determining, as required by the Endangered Species Act, whether it would have an adverse effect on endangered species. Then, five years ago, the DC Circuit Court ordered EPA to fulfill that statutory obligation. Notwithstanding Congress’s mandate and the court’s order, EPA has failed to make the required determination. The Center for Biological Diversity and the Center for Food Safety sought the only legal relief left that would force the EPA to comply with the statute: a writ of mandamus.
The DC Circuit granted the writ. The court explained that the mandamus petition, in this case, arises from relatively unique circumstances that implicate two distinct sources of mandamus jurisdiction under the All Writs Act: the court’s power to compel unreasonably delayed agency activity and its power to require compliance with our previously issued orders. Further, weighing in favor mandamus is the potential threat cyantraniliprole poses to endangered species. Moreover, the court explained that whether EPA’s internal deadline demonstrates that it is acting in good faith is beside the point. The court need not find bad faith to find unreasonable delay. Thus, the court ordered the EPA to its previous order with an order consistent with the ESA by September 2023. EPA is directed to submit status updates every 60 days between now and September 2023. The court explained that should EPA fail to meet its September deadline, Petitioners are free to renew their motion for vacatur of cyantraniliprole’s registration order.
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