On July 25, 2024, the Environmental Protection Agency (EPA) unveiled its much-anticipated draft Insecticide Strategy, marking a significant milestone in the agency’s ongoing efforts to reduce pesticide exposure to endangered species. This latest initiative follows closely on the heels of the draft Herbicide Strategy released in 2023, focusing similarly on mitigating pesticide spray drift and runoff to safeguard species listed as threatened or endangered under the Endangered Species Act (ESA).
The EPA’s renewed commitment to addressing pesticide exposure began in earnest in 2022, spurred by years of litigation over its dual responsibilities under the ESA and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The agency has faced numerous legal challenges, often resulting in court rulings that highlighted its struggles to comply fully with ESA requirements. These legal pressures have accelerated the EPA’s efforts to find a more balanced approach to wildlife protection and pesticide regulation.
In April 2022, the EPA published a comprehensive work plan titled “Balancing Wildlife Protection and Responsible Pesticide Use: How EPA’s Pesticide Program Will Meet its Endangered Species Act Obligations.” This plan, along with a subsequent update in November, laid the groundwork for introducing new mitigation measures on pesticide labels to reduce exposure to vulnerable species. The agency described this policy shift as a necessary response to a “decades-old challenge” of reconciling its ESA obligations with its regulatory duties under FIFRA.
The ESA, administered by the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), mandates federal agencies to consult with these services to ensure that their actions do not jeopardize the continued existence of any listed species. This consultation process, often culminating in a detailed Biological Opinion (BiOp), aims to evaluate and mitigate potential risks to endangered species from federal activities, including pesticide regulation.
FIFRA, on the other hand, is the primary federal statute governing the sale and use of pesticide products in the United States. The EPA is responsible for registering pesticide labels and ensuring that the use of these products does not result in “unreasonable adverse effects to the environment.” This registration process, along with periodic reviews and amendments to existing labels, constitutes a series of agency actions that must comply with ESA consultation requirements.
Given the widespread use of pesticides, such as glyphosate, across the United States, ESA consultations for FIFRA actions can be lengthy and complex. The EPA has acknowledged that completing all required consultations for current court-ordered FIFRA actions would take until at least the 2040s and would cover only a fraction of its ESA obligations.
To streamline this process and enhance pesticide label regulations, the EPA has developed a new ESA-FIFRA policy. The draft Insecticide Strategy is a crucial component of this policy, reflecting one of the two primary strategies outlined in the 2022 work plan. This strategy involves grouping registered pesticides into categories—herbicides, insecticides, and rodenticides—and implementing early ESA mitigation measures for each group.
The draft Insecticide Strategy proposes specific mitigation measures for conventional insecticides, insect growth regulators, and miticides used in agriculture. These measures aim to reduce pesticide exposure through spray drift and runoff, addressing impacts on listed aquatic and terrestrial invertebrates, which are most affected by insecticides. The strategy outlines a three-step framework to assess the potential population-level impacts of each insecticide, determining the necessary degree of additional mitigation.
This draft strategy represents a significant step forward in the EPA’s efforts to balance wildlife protection with responsible pesticide use. By introducing stronger pesticide labels and targeted mitigation measures, the agency hopes to better protect endangered species while fulfilling its regulatory responsibilities under both the ESA and FIFRA.