The Environmental Protection Agency (EPA) has finalized its herbicide strategy, introducing significant changes to how ...

The Environmental Protection Agency (EPA) has finalized its herbicide strategy, introducing significant changes to how herbicides will be labeled in the future.

This development stems from a lawsuit filed in 2011 by the Center for Biological Diversity and the Pesticide Action Network, which claimed that the EPA was not in compliance with the Endangered Species Act (ESA) when labeling pesticides. Known as the "megasuit," this case impacts all pesticides labeled in the U.S. To settle the case, the EPA agreed to overhaul its pesticide labeling process, starting with herbicides. The proposed herbicide strategy, released in July 2023, introduced substantial changes, imposing stringent restrictions on herbicide use across various regions.

One of the most contentious aspects of the proposed rule was the introduction of a points-based system for herbicide application, with Nebraska nearly entirely designated as a "Pesticide Use Limitation Area (PULA)" based on outdated research. The EPA's initial proposal provided limited options for farmers to accumulate the necessary points and offered minimal credit for the practices included. For further details, please refer to the previous Newswire.

Given the potential impact on farmers and ranchers, Nebraska Farm Bureau (NEFB) issued an action alert, and members responded decisively. We extend our gratitude to everyone who participated in opposing the EPA's proposed rules. NEFB also submitted an official comment, emphasizing Nebraska's critical role in the global agricultural economy and expressing concerns that the points-based system would be detrimental to agriculture, particularly in Nebraska. The comment period concluded on October 22, 2023.

In April of this year, the EPA announced they were revising the proposed rule in response to the feedback received. The revisions focused on three key areas, specifically addressing concerns noted by Nebraska farmers and ranchers, such as the difficulty getting enough points in an area where we can't responsibly till our soil. This is evidence that the EPA did at least acknowledge the concerns shown by farmers and ranchers of Nebraska. However, the final implementation was less than satisfactory.

In August, the EPA released the final herbicide strategy. While the strategy now includes a tiered system for mitigation, it still requires points for each listed practice. Some leniency has been introduced, particularly in low runoff areas, but very little extra credit is given overall. This system will not be applied to all herbicides immediately but will instead be phased in as labels come up for renewal. The default renewal period is 15 years, but EPA has the option to push the registration reviews to an earlier date. This means it could take up to 15 years to see this new labeling strategy used on every herbicide on the market.

Although the EPA's revisions from the draft herbicide strategy are a step in the right direction, they do not fully address the concerns of many farmers and ranchers. The new labeling requirements will likely present significant challenges when they take effect. Farmers and ranchers are likely to experience shock when they first use pesticides with the new labeling procedure.

If you wish to read the final herbicide strategy, it is found on the official webpage. As always, if you have any questions, please feel free to contact Kole Pederson, Director of Environmental & Regulatory Affairs, at [email protected].