On January 11, 2022, the U.S. Environmental Protection Agency (EPA) announced that, effective immediately, the Agency’s review of applications for new pesticide active ingredients (AI) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) will uniformly incorporate analysis under the Endangered Species Act (ESA) with the intention of prioritizing protection for listed species as much as possible. The new policy applies to AI applications already submitted for consideration as well as incoming applications, and it does not immediately implicate any pending litigation regarding established AIs. Under the new policy, before registering any new conventional AI, the agency will evaluate the potential effects of the AI on federally listed threatened or endangered species and their designated critical habitats, and initiate ESA consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Services (the Services) as appropriate.
Continue Reading EPA Announces Policy Aimed at Uniformly Incorporating Endangered Species Act Requirements into New Pesticide Registration Determinations