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Protection of California Red-legged Frog from Pesticides

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Stipulated Injunction and Order

Background

On October 20, 2006, the U.S. District Court for the Northern District of California imposed no-use buffer zones around California red-legged frog upland and aquatic habitats for certain pesticides. This injunction and order are part of a settlement reached between U.S. EPA, CropLife America, American Forest and Paper Association, Western Plant Health Association, Oregonians for Food and Shelter, and Syngenta Corporation as co-defendants, and the Center for Biological Diversity as the plaintiff.

The suit by the Center for Biological Diversity alleged that U.S. EPA failed to solicit U.S. Fish & Wildlife Service (FWS) formal consultation on the risks of 66 pesticides to California red-legged frog (CRLF).

This injunction and order will remain in effect for each pesticide listed below until EPA goes through formal 7(A)(2) consultation with FWS on each of the 66 active ingredients, and FWS issues a Biological Opinion including a “not likely to adversely affect” statement for the pesticides. Each pesticide in turn will be removed from the list, as this occurs.

Pesticide Use Restrictions Now Required

Under the injunction and order, no-use buffer zones of 60 feet for ground applications and 200 feet for aerial applications apply from the edge of the following California red-legged frog habitats as defined by the U.S. Fish & Wildlife Service and the Center for Biological Diversity: Aquatic Feature, Aquatic Breeding Habitat, Non-Breeding Aquatic Habitat, and Upland Habitat (details on these habitats are given in a Powerpoint Presentation following the list of prohibited active ingredients). These CRLF habitats are found in 33 counties of California link to map.