On September 14, 2023, the U.S. Environmental Protection Agency (EPA) announced the final release of the new guidance to amplify efficiency in the EPA’s Endangered Species Act (ESA) reviews.
New reviews apply for active ingredient applications for pesticides and those currently undergoing registration review. This development comes as part of the EPA’s efforts to enact the provisions outlined in the Pesticide Registration Improvement Act of 2022 (PRIA 5), and to advance objectives identified in the EPA’s 2022 ESA Workplan to shield listed species from exposure.
The aim of these new guidelines, as discussed in a recent article, is to enhance the efficiency and effectiveness of pesticide reviews related to the Endangered Species Act. It aims to ensure comprehensive reviews of potential effects on threatened and endangered species and their habitats, not limited to species immediately affected by the application of pesticides.
This ushers in another layer of protection for endangered species and their habitats. A significant step forward in the field of environmental law and policy, connecting the dots between pesticide regulation and the protection of endangered species.
Applicants will now have to keep in mind not only the EPA’s pesticide regulations but also the implications of these regulations under the Endangered Species Act. The connection between pesticide use and the protection of endangered species is increasingly recognized, making this collaborative effort between the EPA and legal professionals integral to advancing environmental protection and sustainability.