Council for Endangered Species Act Responsibility, et al. v. Jackson, et al., No. CV-10-8254-SMM, 2011 U.S. Dist. LEXIS 135635 (D. Ariz. Nov. 23, 2011)

(federal Environment Protection Agency not subject to claims that it improperly permitted pesticide poisoning of Arizona creeks; plaintiffs claimed that defendant violated FIFRA and ESA by re-registering pesticide rotenone without consulting wildlife officials; "failure-to-consult" claims under ESA are subject to FIFRA exclusive review provision which grants jurisdiction to court of appeals for challenges to registration review (which trumps the ESA); case dismissed for lack of subject matter jurisdiction).

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