Center For Biological Diversity, et al. v. Environmental Protection Agency, et al., No. 11-cv-00293-JCS, 2013 U.S. Dist. LEXIS 57436 (N.D. Cal. Apr. 22, 2013)

(plaintiff, endangered species protectionist group and other environmental groups, sued to impose restrictions and bans on 382 registered pesticides they claimed were harmful to more than 200 endangered and threatened species in 49 states and Puerto Rico; plaintiff alleged that defendant violated Sec. 7(a)(2) Endangered Species Act for its failure to consult with U.S. Fish and Wildlife Service and National Marine Fisheries Service over potential effects of subject pesticides; plaintiff also sought order requiring defendant to consult with respect to all pesticides where there could possibly be an impact on an endangered species; court granted defendant's motion to dismiss, but dismissal was with leave to amend complaint within 30 days).