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
Federal - Administrative Procedures Act (APA)
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