Environmentalists are appealing a federal district court ruling that rejected their years-long pesticide "mega" suit trying to force EPA to review the effects of scores of registered pesticides on more than 100 endangered species, though advocates say they are continuing to pursue a potential settlement with the agency to resolve the litigation. The Center for Biological Diversity (CBD) and other groups filed an Oct. 10 notice of appeal with the U.S. Court of Appeals for the 9th Circuit of the lower court's decision. A CBD source says the appeal will largely focus on advocates' claims that the district court judge in his ruling in CBD, et al. v. EPA, et al. was wrong to decide that the lower court either lacked jurisdiction to hear the challenge, or that the bulk of the claims were time-barred or otherwise prohibited under law. Relevant documents are available on InsideEPA.com. See page 2 for details.
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