An approval order and an approval agreement are not the same. In both cases, there is a first agreement between the parties, but the approval decree is submitted to a judge whose decision is final and binding. On the other hand, an approval agreement must not be brought to justice. In accordance with the EPO Administrator`s directive of 16 October 2017 to promote transparency and public participation in approval decrees and transaction agreements, the EPO adopts an opinion on a proposed partial transaction agreement in the case of Center for Biological Diversity and. Al., v. United States Environmental Protection Agency et al., No. 3:11 cv 0293 (N.D. Cal.). The applicants filed the original case on 20 January 2011 and argued only one action against the EPO for alleged violation of Section 7, a (2) of the Endangered Species Act (ESA) ) by failing to resume and resume consultations with the National Marine Fisheries Service and/or the United States Fish and Wildlife Service (the Services) on its ongoing controls on 382 pesticide substances. Following several motions and a complaint to the Ninth Court of Appeal, which significantly limited the case, the applicants filed their fourth amended complaint on 29 June 2018, arguing that the EPO had not opened the ESA consultation under Section 7 A bis (2) for certain pesticide products containing 35 pesticide active substances.

After several talks, the parties have reached the proposed partial comparison agreement, on which CEPOL will vote from 23 August 2019. This agreement would set, among other things, a deadline for the completion of the effects of ESA 7 a (2) on carbaryl and methomyl by Section 7 (a) (2) of the EPA, 14 February 2021, and would, if necessary, request the opening of consultations of SECTION 7 a (2) of ESA on the services that the EPO may, as a result of this impact determination, be deemed necessary by the EPO. Further deadlines are planned for 14 August 2021 for atrazine and simazine and on 14 August 2024 for brodifacoum, bromadiolone, warfarin and zinc phosphorus for the EPO, in order to complete the determination of the effect and, if necessary, to request the opening of ESA consultations with the services. The partial agreement reached would also involve a deadline of 30 August 2021 for all parties to discuss a possible solution to the remaining issues in this case.

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