The American Bird Conservancy, Defenders of Wildlife and the Biodiversity Legal Foundation plan to sue the US Environmental Protection Agency (EPA) over the use of the pesticide fenthion to kill mosquitoes in Florida. They say the chemical is toxic to birds, putting thousands at risk as they winter or breed in Florida. The letter to the EPA outlines violations of the Migratory Bird Treaty Act (MBTA) in the deaths of dunlin, sandpipers, black skimmer and other birds that have been found on beaches that have been sprayed with fenthion. The MBTA makes killing any migratory bird without a permit a criminal offense, even if the death was unintentional. Fenthion is so toxic to birds it is fatal if inhaled or absorbed through the skin in the tiniest amount. Aquatic organisms, such as mussels and shrimp are also at risk from runoff into streams, lakes and estuaries. Florida is the only state to use the pesticide and other effective and less harmful alternatives are available. More information is available at: www.banfenthion.org.