Pesticide Availability Secured Following Court Settlement to Safeguard Endangered Species by the Environmental Protection Agency
The U.S. Department of Justice, on behalf of the Environmental Protection Agency (EPA), has reached a settlement in the longstanding litigation covering over 1,000 pesticide products on September 14, 2023. This settlement, known as the "megasuit", was initiated in 2011 by the Center for Biological Diversity and the Pesticide Action Network, who alleged that EPA was violating the Endangered Species Act (ESA).
The settlement, described as a "win-win-win" by Assistant Administrator for EPA's Office of Chemical Safety and Pollution Prevention, Michal Freedhoff, reflects EPA's efforts to address the challenge of protecting ESA-listed species from pesticides. This agreement aligns with EPA's ongoing efforts and the 2022 ESA Workplan, which outlines a multichemical, multispecies approach to meeting ESA obligations.
Key elements from the Agency's 2022 ESA Workplan are now being adopted, thanks to this settlement. The ESA Workplan was developed through public listening sessions and comment, ensuring wide stakeholder support. The settlement provides EPA adequate time to fulfill its obligations under the ESA, while allowing it to protect endangered species and conduct reviews and approvals of pesticides in a safe and protective manner.
The settlement resolves all outstanding claims from the litigation, which aimed to ensure the availability of pesticides needed to grow food across America, while minimizing harm to endangered species. Offsets could include restoring wetland habitat or funding breeding programs for affected species.
The settlement requires EPA to develop and implement strategies for herbicides, rodenticides, insecticides, and fungicides to address potential impacts on ESA-listed species. EPA has already met its first deadline for developing mitigation measures for the first set of species (June 30, 2023). The draft Herbicide Strategy has been released for public comment, while the Rodenticide, Insecticide, and Fungicide strategies are still under development.
In addition, EPA is hosting a workshop for stakeholders to explore offsets for pesticide impacts on ESA-listed species in situations where eliminating or modifying pesticide use may not be feasible. This settlement is expected to save considerable time and taxpayer expenses required to further litigate the case.
It's important to note that the settlement addresses lawsuits challenging EPA’s pesticide registrations that potentially harm endangered species, forcing EPA to take additional steps to evaluate and reduce risks posed by certain pesticide active ingredients to wildlife protected under the ESA. The settlement pushes EPA to enhance court oversight of pesticide approvals affecting endangered species and encourages the integration of ESA protections with broader pesticide regulatory frameworks and deadlines under FIFRA and the Pesticide Registration Improvement Act.
In conclusion, the 2023 DOJ settlement with environmental groups has resolved the multi-district litigation ("megasuit") challenging EPA’s pesticide registrations to better ensure compliance with the ESA, as embodied in EPA’s 2022 ESA Workplan actions aimed at reducing the impact of pesticides on endangered species. This settlement marks a significant step forward in EPA's commitment to protect endangered species and maintain the availability of necessary pesticides for agriculture.
- The settlement of the longstanding litigation, initiated in 2011 by the Center for Biological Diversity and the Pesticide Action Network, will aid the Environmental Protection Agency (EPA) in adopting key elements from its 2022 ESA Workplan, which seeks to lessen the impact of pesticides on endangered species.
- The settlement requires the EPA to develop and implement strategies for herbicides, rodenticides, insecticides, and fungicides, hoping to minimize harm to endangered species, a move that aligns with the 2022 ESA Workplan's philosophy.
- The concessions within the settlement will allow the EPA to invest resources in renewable energy and finance endeavors, as it provides adequate time to fulfill its obligations under the Endangered Species Act (ESA), without compromising on pesticide reviews and approvals.
- Climate-change and environmental-science experts believe that this settlement, which pushes for additional evaluations and risk reduction for pesticide active ingredients harmful to wildlife, will bolster the integration of ESA protections with broader industry regulations, fostering a more sustainable future.
- The resolution of the "megasuit" litigation, supported by wide stakeholder engagement through public listening sessions and comment, will generate funds for environmental efforts such as wetland restoration and species breeding programs, ultimately benefiting the land, endangered species, and the broader environment.
