January 27, 2010 Sent via Fed Ex and Email Lisa Jackson, Administrator Sam Hamilton, Director United States Environmental Protection Agency United States Fish and Wildlife Service Ariel Rios Building 1849 C Street, NW 1200 Pennsylvania Avenue, NW Washington, DC 20240 Mail Code: 1101A
[email protected] Washington, DC 20460
[email protected] Dr. James W. Balsiger Acting Assistant Administrator for Fisheries Ken Salazar National Oceanographic and Atmospheric Secretary of the Interior Administration 1849 C Street, NW 1315 East-West Highway Washington, DC 20240 Silver Spring, MD 20910
[email protected] [email protected] Gary Locke Secretary of Commerce U.S. Department of Commerce 1401 Constitution Avenue, N.W., Room 5516 Washington, D.C. 20230
[email protected] Re: Notice of Violations of the Endangered Species Act Related to the Registration of Pesticides On behalf of the Center for Biological Diversity, I hereby provide notice, pursuant to section 11(g) of the Endangered Species Act (“ESA”), 16 U.S.C. §1540(g)(2)(A)(i), that the Environmental Protection Agency (“EPA”) is in violation of the ESA, 16 U.S.C. § 1521, et seq. Specifically, EPA has failed to satisfy its ESA Section 7 consultation requirements that apply to pesticide registrations and reregistrations. Attached to this Notice of Intent to Sue (“NOI”), as Exhibit A, are charts identifying threatened and endangered species and the registered pesticides whose concentrations in the environment may exceed Levels of Concern (“LOCs”) to those species and/or that are “highly” to “very highly” toxic to those species. The pesticides included in Chart 1 may exceed LOCs for mammals and/or are “highly” to “very highly” toxic to mammals and therefore “may affect” the endangered and threatened mammalian species listed in Chart 1.