(United States Ninth Circuit) - In a citizen suit alleging that the U.
S. Environmental Protection Agency violated the Endangered Species Act (ESA) when it registered certain pesticide active ingredients and pesticide products without undertaking consultation with the National Marine Fisheries Service and the U.
S. Fish and Wildlife Service,the district court's judgment is: 1) affirmed in fraction as to the dismissal of all category one, two and three sub-claims; and 2) reversed in fraction as to the dismissal of all category four sub-claims, or which alleged that the EPA's approval of individual pesticide products was an agency action,where those claims were barred by the collateral attack doctrine.
Source: findlaw.com