News & Analysis as of

Endangered Species Act (ESA) Pesticides

Bergeson & Campbell, P.C.

EPA Appoints Former ASA Government Affairs Director as OCSPP DAA for Pesticides

Mr. Kyle Kunkler has been appointed the Deputy Assistant Administrator for Pesticides at the U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). Since February 2020, Kunkler...more

Bergeson & Campbell, P.C.

EPA Announces Availability of Updated Interim Maps Developed under Its Endangered Species Protection Program

On June 12, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of updated refined interim core maps that identify areas that EPA states are important to 12 threatened or endangered (listed)...more

Bergeson & Campbell, P.C.

EPA Announces Release of Final Insecticide Strategy

On April 29, 2025, the U.S. Environmental Protection Agency (EPA) announced the release of its final Insecticide Strategy (Strategy), available here. EPA states in the Strategy that it is “intended to create a consistent,...more

ArentFox Schiff

Trump Executive Orders Signal Potential Changes in Environmental Policy Impacting Agriculture

ArentFox Schiff on

The new Administration under President Trump is now over a month old, but there remains some uncertainty as to how the Administration will approach agricultural policy. The Administration’s first wave of environmental...more

Brownstein Hyatt Farber Schreck

U.S. Fish and Wildlife Service Proposes to List Monarch Butterflies as a Threatened Species

After years on hold, the U.S. Fish and Wildlife Service (“USFWS”) is moving forward with a proposed rule to list monarch butterflies as threatened under the Endangered Species Act (“ESA”). On Dec. 12, 2024, USFWS published...more

ArentFox Schiff

Iconic Monarch Butterfly Designated for Possible Endangered Species Act Protection: Potential Impacts on Agriculture

ArentFox Schiff on

On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and...more

Faegre Drinker Biddle & Reath LLP

Butterfly Nets and Business Bets: How Proposed Protections for Monarchs Could Snare Agribusiness, Renewables and Development

On December 12, 2024, the U.S. Fish and Wildlife Service (USFWS) published its proposal in the Federal Register to list the Monarch Butterfly (Danaus plexippus) as a threatened species under the Endangered Species Act (ESA)....more

Bergeson & Campbell, P.C.

EPA Releases Proposed Guidance for Antimicrobial Pesticides that Require Endangered Species Act Reviews

On December 2, 2024, the U.S. Environmental Protection Agency (EPA) released, and is seeking public comment on, its proposed guidance for antimicrobial pesticide registrants intended to improve the efficiency of Endangered...more

Bergeson & Campbell, P.C.

Ya-Wei (Jake) Li, Deputy Assistant Administrator for Pesticide Programs, to Leave EPA and Take Position with FWS

On September 30, 2024, Ya-Wei (Jake) Li, Deputy Assistant Administrator for Pesticide Programs at the U.S. Environmental Protection Agency (EPA), announced that he will be leaving EPA to take a position with the U.S....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Reduction of Exposure of Vulnerable Federally Listed Endangered/Threatened Species from the Use of Conventional Pesticides: U.S....

The United States Environmental Protection Agency (“EPA”) has issued a September 2024 document titled: Action Plan to Reduce Exposure of Vulnerable Federally Listed Endangered and Threatened Species from the Use of...more

Williams Mullen

As Easy as 1, 2, 3? EPA’s New Herbicide Strategy to Protect Endangered Species Under FIFRA Gets Mathematical

Williams Mullen on

EPA primarily regulates the sale, distribution and use of pesticides pursuant to its authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Under FIFRA, EPA is involved with the registration of new...more

Nossaman LLP

EPA Releases Draft Insecticide Strategy to Reduce Impacts to ESA-listed Species

Nossaman LLP on

On July 24, 2024, the Environmental Protection Agency (EPA) published its Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of...more

Bergeson & Campbell, P.C.

EPA Announces Changes to When It Assesses Potential Exposure to Pesticide Spray Drift

when it assesses the potential for exposure to pesticide drift when it reviews new active ingredient pesticide registrations or makes decisions on new use directions for existing pesticide registrations. EPA states it will...more

Bergeson & Campbell, P.C.

EPA Announces Virtual Pesticide Program Dialogue Committee Meeting

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) announced that it will hold a virtual public meeting of the Pesticide Program Dialogue Committee (PPDC) on June 5 and June 6, 2024, from 11:00 a.m. to 5:00 p.m....more

Bergeson & Campbell, P.C.

EPA Announces Its Implementation Approaches for Endangered Species Act Pesticide Policies

On February 7, 2024, U.S. Environmental Protection Agency (EPA) Assistant Administrator Michal Freedhoff announced the steps EPA is taking to incorporate stakeholder feedback and collaborate with other federal agencies on its...more

Nossaman LLP

CBD Lawsuit Challenges Service’s Failure to Prevent Toxic Pesticides from Harming Endangered Species

Nossaman LLP on

On February 1, 2024, the Center for Biological Diversity (CBD) filed an amended complaint (Complaint) in the U.S. District Court of Arizona, alleging the U.S. Fish and Wildlife Service (Service) failed to timely analyze the...more

Bergeson & Campbell, P.C.

Comments Due October 13, 2023, on EPA’s Proposal to Register Novel Pesticide Technology for Potato Crops

The U.S. Environmental Protection Agency (EPA) announced on September 29, 2023, that it is proposing to register pesticide products containing the new active ingredient ledprona for three years, a timeframe consistent with...more

Bergeson & Campbell, P.C.

EPA Releases Final Guidance for New Pesticide Applications and Registration Review Activities That Require Endangered Species Act...

On September 14, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of final guidance to improve the efficiency of EPA’s Endangered Species Act (ESA) analyses for new pesticide active ingredient...more

Allen Matkins

California Environmental Law & Policy Update 8.04.23

Allen Matkins on

In the nation’s first appellate case on the issue, the Ninth Circuit Court of Appeals on Monday ruled that the City and County of San Francisco (City) must meet limits set by the U.S. Environmental Protection Agency for...more

Beveridge & Diamond PC

EPA Proposes Pesticide Conservation Measures for Protected Species

Beveridge & Diamond PC on

Key Takeaways - What Happened: EPA proposed mitigation measures for pesticide use to minimize impacts to listed species....more

Nossaman LLP

Ninth Circuit Remands 2019 Registration of Sulfoxaflor Back to EPA

Nossaman LLP on

On December 21, 2022, the U.S. Court of Appeals for the Ninth Circuit ruled that the Environmental Protection Agency’s (EPA) 2019 registration of the pesticide “sulfoxaflor” violated the Endangered Species Act (ESA) and the...more

Bergeson & Campbell, P.C.

EPA Announces Proposed New Mitigation Measures for Rodenticides, Including Pilot for Protecting Endangered Species

On November 29, 2022, the U.S. Environmental Protection Agency (EPA) announced proposed new mitigation measures for 11 rodenticides, including measures to reduce potential exposures to three federally listed endangered and...more

Bergeson & Campbell, P.C.

EPA Announces the Release of Its Endangered Species Act Workplan Update

On November 16, 2022, the U.S. Environmental Protection Agency (EPA) announced it released an Endangered Species Act (ESA) Workplan Update (Workplan Update) that outlines major steps to increase protections for wildlife and...more

Beveridge & Diamond PC

EPA Addresses Status Of FIFRA Registration Review Work As October 1 Deadline Approaches

Beveridge & Diamond PC on

Key Takeaways - • What Happened: EPA published an update on its work and plans as the October 1 registration review deadline approaches for many pesticides. Consistent with the governing statute, EPA confirmed that...more

Bergeson & Campbell, P.C.

EPA Announces New Endangered Species Act Protection Policy for New Conventional Pesticides

On January 11, 2022, the U.S. Environmental Protection Agency (EPA) announced it is implementing a new policy regarding the evaluation and registration of new conventional pesticide active ingredients (AI) to comply further...more

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