ABA SEER conference on ESA counterpart regulations

    American Bar Association
Section of Environment, Energy, and Resources

 

Protecting Endangered Species; The Court Throws the ESA Counterpart Regulations Overboard

Thursday, October 19, 2006
1:00 p.m. – 2:30 p.m. Eastern / 12:00 p.m. – 1:30 p.m. Central
11:00 a.m. – 12:30 p.m. Mountain / 10:00 a.m. – 11:30 a.m. Pacific

Program Overview:
  In a decision closely watched by commercial agriculture and the environmental community, Judge John C. Coughenour ruled last month in Washington Toxics Coalition, et al. v. United States Department of Interior, et al., the so-called "counterpart regulations," jointly issued by EPA and NOAA Fisheries and the U.S. Fish and Wildlife Service (the Services) were invalid. Issued in 2004, the regulations were intended to enhance and streamline the Endangered Species Act Section 7 consultation process, which requires consultations between EPA and the Services to minimize adverse impacts on endangered species resulting from pesticide applications. The ruling is expected to have significant implications for the grower community, and undoubtedly will make the consultation process among these agencies even more unclear. Participants will hear about the somewhat tortured history of the regulations, the strong views on the integrity of the consultation process envisioned under the now invalid regulations, and what the future holds for growers, regulators, and others in the agricultural community when it comes to pesticides and endangered species. (more)

Faculty:
  Moderators:
      Lawrence E. Culleen, Arnold & Porter LLP, Washington, DC
      Janice H. Walton, Blake, Cassels & Graydon LLP

Panelists:
      Mark Dyner, U.S. Environmental Protection Agency, Washington, DC
      Patti Goldman, Earth Justice, Seattle, WA
      Ann R. Klee, Former General Counsel, U.S. Environmental Protection Agency, Crowell & Moring LLP, Washington, DC
      Steven P. Quarles, Crowell & Moring LLP, Washington, DC

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