News & Analysis as of

Endangered Species Act (ESA) Pesticides Federal Insecticide, Fungicide and Rodenticide Act

ArentFox Schiff

Trump Executive Orders Signal Potential Changes in Environmental Policy Impacting Agriculture

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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

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

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

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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

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

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

Nossaman LLP

Ninth Circuit Remands 2019 Registration of Sulfoxaflor Back to EPA

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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 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

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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

Bergeson & Campbell, P.C.

EPA Announces Updated Registration Review Schedule and Announces Completion of Safety Assessments and Decisions for Hundreds of...

On December 2, 2021, the U.S. Environmental Protection Agency (EPA) announced it released the registration review schedule for the next four years through fiscal year (FY) 2025. While historically this schedule has been...more

Perkins Coie

EPA Failed to Evaluate Potential Adverse Impact of Pesticide on Monarch Butterfly

Perkins Coie on

The Ninth Circuit held that the EPA violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIRFA) by failing to assess adverse effects of a pesticide — Enlist Duo —on monarch butterfly habitat. National Family Farm...more

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

Endangered Species Act Consultation: EPA Releases the Revised Method for Biological Evaluations of Conventional Pesticides

On March 12, 2020, the U.S. Environmental Protection Agency (EPA) published the Revised Method for National Level Species Biological Evaluations of Conventional Pesticides (the “Revised Method”). The Revised Method guides...more

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

Pesticides/Endangered Species Act: Center for Biological Diversity Petition Seeking Restriction of Uses in Areas Designated...

The Center for Biological Diversity (“CBD”) submitted a January 7th document to the National Marine Fisheries Service and United States Fish and Wildlife Service (collectively “Services”) titled: Petition for Rulemaking to...more

Bergeson & Campbell, P.C.

Congress Passes Farm Bill Conference Report

On December 12, 2018, the House passed the Conference Report for H.R. 2 (the Agriculture Improvement Act of 2018, also known as the Farm Bill) to provide for the reform and continuation of agricultural and other programs of...more

Bergeson & Campbell, P.C.

EPA Proposes Joint Stipulation in Ellis Case Requiring EPA to Issue ESA Effects Determinations for T

On December 12, 2018, the U.S. Environmental Protection Agency (EPA) announced a proposed joint stipulation and proposed stipulated notice of dismissal for Ellis v. Keigwin, No. 3:13-CV-1266 (N.D. Cal). 83 Fed. Reg. 63865. ...more

Bergeson & Campbell, P.C.

House Agriculture Committee Unveils Draft Farm Bill 2018

On April 12, 2018, House Agriculture Committee Chairman Michael Conaway (R-Texas) released the Committee’s draft Farm Bill reauthorization, the “Agriculture and Nutrition Act of 2018” (H.R. 2). The House Agriculture Committee...more

Bergeson & Campbell, P.C.

EPA Signs MOA on ESA; Establishes Interagency Working Group

On January 31, 2018, Scott Pruitt, the Administrator of the U.S. Environmental Protection Agency (EPA), announced the establishment of an Interagency Working Group to Coordinate Endangered Species Act (ESA) Consultations for...more

Bergeson & Campbell, P.C.

Predictions and Outlook for U.S. Federal and International Chemical Regulatory Policy 2018

I. UNITED STATES: CHEMICAL FORECAST - Predictions and Outlook for the U.S. Environmental Protection Agency’s Office of Chemical Safety and Pollution Prevention 2018 - What a difference a year makes. To some extent, the...more

Nossaman LLP

U.S. District Court Finds EPA Erred in Approving Pesticides Known To Impact Endangered Species

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On May 8, 2017, the U.S. District Court for the Northern District of California granted, in part, a motion for summary judgment brought by plaintiffs in a suit challenging the U.S. Environmental Protection Agency’s (“EPA”)...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2017

TSCA/FIFRA/NTP - EPA Proposes Regulation Of TCE Use In Vapor Degreasing Under TSCA Section 6(a): On January 19, 2017, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 6(a) of the...more

Nossaman LLP

Endangered Species Act Case Roundup

Nossaman LLP on

Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more

Bergeson & Campbell, P.C.

Predictions and Outlook for U.S. Federal and International Chemical Regulatory Policy 2017

Predictions and Outlook for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) 2017 - 2016 was full of surprises, two of which will drive much of the agenda for OCSPP during 2017. First, Congress...more

Beveridge & Diamond PC

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

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The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S. With 100 lawyers in offices around the U.S. focused on environmental and natural...more

Bergeson & Campbell, P.C.

Predictions and Outlook for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) 2016

Even if Toxic Substances Control Act (TSCA) legislation is not enacted, 2016 will be a momentous year. As the curtain closes on eight years of the Obama Administration, there are a number of items expected to be among the...more

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