EPA advances framework to address pesticides and endangered species

On August 20, 2024, the Environmental Protection Agency (EPA) released its final framework to incorporate Endangered Species Act (ESA) assessments and mitigations into its registration and reviews of herbicides, known as the Herbicide Strategy. This follows on the heels of the July 25th release of the Agency's' draft Insecticide Strategy which is currently open for public comment. Both frameworks are part of EPA's ongoing effort to meet its obligations under ESA. For U.S. corn growers, these frameworks will be both revolutionary and evolutionary for future pesticide use.

First enacted by Congress in 1973, ESA protects threatened and endangered plants and animals, as well as the critical habitats in which they are found. The ESA applies to all federal agencies. In recent years, environmental activist groups have successfully sued the EPA for failure to complete ESA consultations for pesticide registrations. As a result, products have been removed from the marketplace, and there continues to be legal uncertainty. These strategies are intended to enable EPA to play catch up on ESA obligations.

The Herbicide Strategy appears to have some positive developments for grower compliance as compared to the draft strategy first released over a year ago. The adjustments made by EPA, in response to stakeholder feedback, provide opportunities for growers to earn credits for slope, rainfall, soil type, etc., existing practices, as well as more appropriate mitigation values assigned to conservation practices. Combined, these aspects provide more flexibility to enable growers to meet the mitigation expectations to protect species if deemed necessary.

The draft Insecticide Strategy focuses on developing and implementing early protections for more than 850 federally threatened and endangered species and designated critical habitats from the potential exposure from the use of insecticides.

National Corn Growers Association, of which Texas Corn Producers Association is an active state affiliate, has been engaged in a full-court press to shape the outcomes of these frameworks to enable growers' continued access to important crop protection tools. While EPA's approach has improved, agriculture still has work to do - the devil is in the details. Staff is still analyzing the draft Insecticide Strategy and the final Herbicide Strategy. NCGA and state partners will continue work to shape EPA's approach and implementation on these frameworks and fundamentals used by the Agency in determining potential harm to species from these products and their use in agriculture.