EPA ANNOUNCES PLAN TO PROTECT ENDANGERED SPECIES AND SUPPORT SUSTAINABLE AGRICULTURE
Source: EPA news release
The U.S. Environmental Protection Agency (EPA) released its first-ever comprehensive workplan to address the decades-old challenge of protecting endangered species from pesticides. The plan establishes four overall strategies and dozens of actions to adopt those protections while providing farmers, public health authorities, and others with access to pesticides.
"Today's workplan serves as the blueprint for how EPA will create an enduring path to meet its goals of protecting endangered species and providing all people with safe, affordable food and protection from pests," said EPA Administrator Michael S. Regan. "The workplan reflects EPA's collaboration with other federal agencies and commitment to listening to stakeholders about how they can work with the Agency to solve this longstanding challenge."
"The workplace announced today will allow us to better protect wildlife, imperiled species, and ecosystems" said White House Council on Environmental Quality Chair Brenda Mallory. "I look forward to continuing to work collaboratively across the federal government to better protect wildlife from extinction and minimize the impacts of pesticides."
"USDA appreciates the steps EPA is taking today. We are confident that EPA can streamline ESA consultations around pesticides in a way that continues to conserve wildlife while allowing farmers access to the tools they need to produce the food and fiber that all of us rely on," said USDA Under Secretary for Farm Production and Conservation Robert Bonnie.
"The U.S. Fish and Wildlife Service is eager to help EPA achieve its vision to protect federally listed threatened and endangered species while fulfilling its obligations related to authorizing the safe use of pesticides," said Martha Williams, U.S. Fish and Wildlife Service Director.
"NOAA supports the Environmental Protection Agency's ESA-FIFRA workplan and looks forward to continued collaboration with our interagency partners to ensure the protection of federally listed species and their habitats.
Implementation of this work plan will lead to a more consistent and timely regulatory process, and better outcomes for our species and our partners," said NOAA Administrator Rick Spinrad, Ph.D.
EPA has an opportunity and an obligation to improve how it meets its duties under the Endangered Species Act (ESA) when it registers pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). For most of EPA's history, the Agency has met these duties for less than five percent of its FIFRA decisions. This has resulted in over 20 ESA lawsuits against the Agency, which have increased in frequency in recent years, creating uncertainty for farmers and other pesticide users, unnecessary expenses and inefficiencies for EPA, and delays in how EPA protects endangered species.
EPA currently has over 50 pesticide ingredients, covering over 1,000 pesticide products, with court-enforceable deadlines to comply with the ESA or in pending litigation alleging ESA violations. Completing this work will take EPA past 2040, yet the work represents less than five percent of all the FIFRA decisions in the next decade for which ESA obligations exist. This is an unsustainable and legally tenuous situation, in which EPA's schedule for meeting its ESA obligations has historically been determined through the courts. The workplan must provide a path for the Agency to meet those obligations on its own, thus protecting endangered species while supporting responsible pesticide use.
Today's workplan also sets a new vision for a successful ESA-FIFRA program that focuses on protecting species under the ESA, while minimizing regulatory impacts to pesticide users, supporting the development of safer technologies to control pests, completing timely FIFRA decisions, and collaborating with other agencies and stakeholders on implementing the plan.
The workplan describes four strategies and multiple actions to further the vision.
A key strategy is for EPA to meet its ESA obligations for all FIFRA actions that invoke ESA. Because EPA does not have the capacity or scientific processes in place to meet all these obligations immediately, it has identified the FIFRA actions that are the highest priority for fulfilling its ESA obligations. These include actions with court-enforceable deadlines and new registrations of conventional pesticides.
A second strategy is to improve approaches to identifying and requiring ESA protections, especially for species facing the greatest risk from pesticides.
A third strategy is to improve the efficiency and timeliness of the ESA consultation process for pesticides, in coordination with other federal agencies.
And the final strategy is to engage stakeholders more effectively, to better understand their pest control practices and implement species protection measures.
EPA needs the help of other federal agencies, state agencies, and stakeholders to implement these actions. Through the workplan, EPA is describing its future directions in the hope of collaborating with all these organizations on implementation. Over the coming months, EPA will engage with a wide range of stakeholders to identify opportunities for collaboration and will continue seeking input on more effective and efficient ways to meet its ESA obligations. The workplan is a living document that EPA will periodically revisit to incorporate lessons learned from implementation.
Editor's Note: Anyone who believes this new plan by the US EPA will "help" is delusional. If the goal is saving registrants money through a shorter litigation period then it "may" have merit but only because the Endangered Species Act (ESA) will be more quickly utilized to cancel existing registrations or to prevent new ones. Please make no mistake, the current administration has, as its goal, the elimination of crop protection products and synthetic fertilizers and a reversion to organic, sustainable, restorative, agriculture production. The ESA has been the best, and most frequently employed, tactical tool used by environmental activists to eliminate products that contribute to the safest, most abundant and affordable, food the world has ever known. The ESA was never intended to be a pesticide elimination tool but that is, by far, its most popular use (rivaled only by real-estate development stagnation). Allowing the US EPA to meet ESA "obligations" without consultation with other agencies simply streamlines the process of cancelled tolerances and registrations and will make it much easier to prevent new product introduction. This is a power-play by EPA and characterizes "mission-creep" granting authority to the EPA that is was never intended to possess. Dealing with US Fish & Wildlife on ESA issues is an almost unbelievable burden but it sure beats dealing with EPA sole discretion.