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Ellis Litigation – Case History

Ellis Litigation – Case History. Filed on March 21, 2013 against EPA challenging EPA actions related to clothianidin and thiamethoxam Filed in U.S. District Court, Northern District of California (San Francisco)

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Ellis Litigation – Case History

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  1. Ellis Litigation – Case History • Filed on March 21, 2013 against EPA challenging EPA actions related to clothianidin and thiamethoxam • Filed in U.S. District Court, Northern District of California (San Francisco) • Plaintiffs are bee keepers (Ellis, Doan, Theobold, Rhodes) and NGOs (Center for Food Safety, Sierra Club, Beyond Pesticides, Center for Environmental Health) • Syngenta, Bayer, Valent and CropLife intervened on side of EPA • Intervenors are allowed to participate fully Classification: INTERNAL USE ONLY

  2. Ellis Litigation – Case History • Second Amended Complaint (May 9, 2014) controls the case – 6 claims under the APA, FIFRA and ESA • Order and Opinion dated May 8, 2017 • Judge held that APA and FIFRA claims cannot be pursued further. These claims are dismissed: • Plaintiff’s claim that EPA violated the APA in denying their petition that clothianidin poses an imminent hazard • Plaintiff’s claim that EPA violated FIFRA and the APA by refusing to suspend clothianidin registration • Plaintiff’s claim that EPA violated FIFRA notice requirements for new uses of clothianidin and thiamethoxam Classification: INTERNAL USE ONLY

  3. Ellis Litigation – Case History • Judge held that EPA violated the ESA by failing to consult with Services before granting certain clothianidin and thiamethoxam registrations • Judge has not ruled on the “remedy” • With the parties’ input, she set a schedule for further deliberations and briefing on an appropriate remedy Classification: INTERNAL USE ONLY

  4. Ellis – US registrations involved in the case • 59 clothianidin and thiamethoxam-containing end-use/technical product registrations are at issue • Not at issue in the case: • registrations that pre-date March 21, 2007 • TMX registrations that post-date filing of complaint on March 21, 2013 Classification: INTERNAL USE ONLY

  5. Ellis – litigation schedule Alternative Dispute Resolution (ADR) is ongoing Briefing on Remedies: • January 5, 2018: deadline for Defendants to file briefs with court – arguing why the Court should not issue an order vacating or restricting some or all 59 clothianidin and TMX registrations • February 16, 2018: deadline for Plaintiffs to file brief with the Court – responding to the briefs filed by Defendant and Defendant-Intervenors • March 16, 2018: Court scheduled hearing on the legal remedy briefing District Court could reach a decision on the legal remedy as soon as mid-March 2018 Classification: INTERNAL USE ONLY

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