FILE - In this Jan. 18, 2012 file photo, people are silhouetted against the glass of an aquarium while a Giant Manta Ray swims past at the Resorts World Sentosa's Marine Life Park in Singapore. Elephants, rhinos, sharks and manta rays are among the animals that could be getting more international protection at the triennial meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (AP Photo/Wong Maye-E, File)
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FILE - In this Jan. 18, 2012 file photo, people are silhouetted against the glass of an aquarium while a Giant Manta Ray swims past at the Resorts World Sentosa's Marine Life Park in Singapore. Elephants, rhinos, sharks and manta rays are among the animals that could be getting more international protection at the triennial meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (AP Photo/Wong Maye-E, File)
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FILE - In this Oct. 27, 2005 file photo, a hammerhead shark swims in a large tank at the Georgia Aquarium in Atlanta. Elephants, rhinos, sharks and manta rays are among the animals that could be getting more international protection at the triennial meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (AP Photo/John Bazemore, File)
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FILE - In this Dec. 3, 2012 file photo, one-horned rhinoceroses graze inside the Kaziranga National Park, a wildlife reserve that provides refuge to more than 2,200 endangered Indian one-horned rhinoceros, in the northeastern Indian state of Assam. Elephants, rhinos, sharks and manta rays are among the animals that could be getting more international protection at the triennial meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (AP Photo/Anupam Nath)
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FILE - In this April 17, 2009 file photo, polar bears, Bill, right, and Lara, react each other at their first meeting at the Zoom Erlebniswelt Zoo in Gelsenkirchen, Germany. Elephants, rhinos, sharks and manta rays are among the animals that could be getting more international protection at the triennial meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Polar bears have already lost out, and for animals such as the crocodile the push is actually for fewer restrictions. (AP Photo/Martin Meissner, File)
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FILE - In this Dec. 13, 2012 file photo, a herd of African elephants drink water at a dam inside the Addo Elephant National Park near Port Elizabeth, South Africa. Elephants, rhinos, sharks and manta rays are among the animals that could be getting more international protection at the triennial meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (AP Photo/Schalk van Zuydam, File)
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FILE - In this June 24, 2006 file photo, Peruvian highland protected vicunas run on an Andean plain near Ayacucho, 205 miles (330 kilometers) southeast of Lima, Peru. Elephants, rhinos, sharks and manta rays are among the animals that could be getting more international protection at the triennial meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The CITES meeting agreed to a proposal from Ecuador to ease controls on its national population of vicuna, an animal native to the Andes and a relative of the llama. (AP Photo/Martin Mejia, File)
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FILE - In this May 1, 2007 file photo, a rare baby Arakan forest turtle is shown at Zoo Atlanta in Atlanta. Elephants, rhinos, sharks and manta rays are among the animals that could be getting more international protection at the triennial meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The U.S., China and Vietnam have proposed trade restrictions for 44 species of freshwater turtles. (AP Photo/Gene Blythe, File)
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FILE - In this Nov. 17, 2009 file photo, a Siamese crocodile is seen at Phnom Tamao Wildlife Rescue Center in Phnom Tamao village, Takoe province, about 45 kilometers (28 miles) south of Phnom Penh, Cambodia. Elephants, rhinos, sharks and manta rays are among the animals that could be getting more international protection at the triennial meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Polar bears have already lost out, and for animals such as the crocodile the push is actually for fewer restrictions. (AP Photo/Heng Sinith, File )
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FILE - In this Oct. 15, 2005 file photo, a 4.5 meter (13.5 foot) saltwater crocodile reacts in anger as a boat sails past him on the Adelaide river, 60 kilometers (35 miles) from Darwin in Australia's Northern Territory. Elephants, rhinos, sharks and manta rays are among the animals that could be getting more international protection at the triennial meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Polar bears have already lost out, and for animals such as the crocodile the push is actually for fewer restrictions. (AP Photo/Rob Griffith, File)
Suit accuses EPA of ignoring harmful pesticides
SAN FRANCISCO (AP) — A federal judge will consider whether to dismiss a sweeping lawsuit claiming the U.S. Environmental Protection Agency allowed hundreds of pesticides to be used despite evidence of harmful effects on more than 200 endangered and threatened species.
The Center for Biological Diversity and Pesticide Action Network North America allege the EPA has allowed the pesticide use without required consultations with federal agencies to study the impacts.
The groups want the court to order the EPA to consult with wildlife experts on the use of 384 pesticides to ensure harmful chemicals aren't sprayed in the habitats of species that include Florida panthers, California condors, piping plovers and Alabama sturgeon.
"Those agencies can make suggestions on how to use the pesticides in a way that won't harm endangered species," said Collette Adkins Giese, an attorney for the center.
Magistrate Judge Joseph Spero was set to hear arguments on Friday on motions by the EPA and pesticide industry to dismiss the 2011 lawsuit. Spero was expected to issue a written ruling at a later date.
Under federal law, all pesticides sold or distributed in the U.S. must be registered with the EPA. The agency approves a pesticide for use if it meets a series of criteria that include not generally causing unreasonable adverse effects on the environment.
EPA spokesman David Yogi said the agency doesn't comment on active litigation.
In its dismissal motion, EPA attorneys argued that the plaintiffs failed to show a causal link between EPA actions and harm to endangered species. The federal agency also said it already conducts myriad tests on pesticides to ensure safety.
"EPA reviewed supporting scientific studies, completed human health and ecological risk assessments, and developed risk mitigation measures as needed using current science, through a transparent process," the agency's lawyers wrote.
The plaintiffs countered that studies by the U.S. Fish and Wildlife Service and the EPA, as well as peer-reviewed scientific studies, show the pesticides at issue have harmed endangered species.
"We're trying to make sure the EPA does its legal and moral duty to make sure harmful chemicals aren't sprayed in the same places where these vulnerable wild animals are trying to survive," said Jeff Miller, a spokesman for the Center for Biological Diversity.
After the suit was filed, the EPA and two federal wildlife agencies requested that the National Academy of Sciences National Research Council examine the agencies' responsibilities under the Endangered Species Act, according to the center. The report is expected to be released later this month.
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