CLA sees potential progress in recent ESA litigation settlements

decrease font size  Resize text   increase font size       Printer-friendly version of this article Printer-friendly version of this article

Two recent litigation settlements addressing the Endangered Species Act (ESA) in the context of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide registrations will result in nationwide ESA consultations, encompassing potential impacts to both aquatic and terrestrial endangered species for five pesticides. While CropLife America (CLA) does not support every aspect of these settlements, they represent modest steps toward a more streamlined approach to ESA review in the FIFRA context. CLA has been an active participant in both litigations, spanning a decade, and has repeatedly stressed both the inefficiencies of species-specific biological opinions (BiOps), and the need for a more comprehensive, science-based approach to ESA review of FIFRA registration decisions.   

On Aug. 15, 2014, a federal district court in Washington state approved a settlement-ending litigation brought by the Northwest Center for Alternatives to Pesticides (NCAP) and others against the Environmental Protection Agency (EPA) for allegedly failing to implement recommendations made by the National Marine Fisheries Service (NMFS) in two BiOps following ESA consultations between NMFS and EPA (NCAP v. EPA). The BiOps concerned the effects of certain crop protection products on endangered salmonids in the Pacific Northwest. NCAP v. EPA is the latest in the Washington Toxics line of cases, which have been ongoing for over a decade, each challenging different aspects of attempts by EPA and NMFS to complete ESA review relating to these registrations.

Under this settlement, NMFS has agreed to conduct a nationwide ESA review both for the products impacted and plans to finish those BiOps by Dec. 31, 2017, and Dec. 31, 2018, respectively. 

The NCAP v. EPA settlement follows closely on the heels of a recent revision to the 2013 settlement of ESA litigation challenging pesticide registrations and alleging impacts on the endangered red-legged frog (Center for Biological Diversity v. FWS). On July 28, 2014, the parties to that suit agreed to suspend a previously agreed-upon schedule for FWS to complete BiOps on the effects of specific pesticides on the endangered red-legged frog in favor of undertaking nationwide BiOps addressing the same pesticide registrations to be addressed in the NCAP v. EPA settlement. 

 “Taken together, these two settlement decisions should lead to comprehensive nationwide consultations between EPA, NMFS and FWS addressing potential ESA impacts resulting from these pesticide registrations,” said Jay Vroom, president and CEO of CLA. “This type of collaboration is a good first step in implementing the National Academy of Sciences’ recommendation in its 2013 report, supporting a streamlined approach to assessing the potential effects of pesticides on threatened and endangered species.”

The agree-to nationwide consultations are intended to be pilot projects for a new, more collaborative approach to ESA review of pesticide registration decisions that NMFS, FWS, EPA, and the U.S. Department of Agriculture (USDA) are developing.

CLA is actively involved in current ESA reform efforts and looks forward to working with EPA, the Services, USDA and other interested stakeholders to craft a science-based ESA pesticide consultation process that protects both threatened and endangered species and American agricultural production. For more information, visit

Buyers Guide

Doyle Equipment Manufacturing Co.
Doyle Equipment Manufacturing prides themselves as being “The King of the Rotary’s” with their Direct Drive Rotary Blend Systems. With numerous setup possibilities and sizes, ranging from a  more...
A.J. Sackett Sons & Company
Sackett Blend Towers feature the H.I.M, High Intensity Mixer, the next generation of blending and coating technology which supports Precision Fertilizer Blending®. Its unique design allows  more...
R&R Manufacturing Inc.
The R&R Minuteman Blend System is the original proven performer. Fast, precise blending with a compact foot print. Significantly lower horsepower requirement. Low inload height with large  more...
Junge Control Inc.
Junge Control Inc. creates state-of-the-art product blending and measuring solutions that allow you to totally maximize operating efficiency with amazing accuracy and repeatability, superior  more...
Yargus Manufacturing
The flagship blending system for the Layco product line is the fully automated Layco DW System™. The advanced technology of the Layco DW (Declining Weight) system results in a blending  more...
Yargus Manufacturing
The LAYCOTE™ Automated Coating System provides a new level of coating accuracy for a stand-alone coating system or for coating (impregnating) in an automated blending system. The unique  more...
John Deere
The DN345 Drawn Dry Spreader can carry more than 12 tons of fertilizer and 17.5 tons of lime. Designed to operate at field speeds up to 20 MPH with full loads and the G4 spreader uniformly  more...
Force Unlimited
The Pro-Force is a multi-purpose spreader with a wider apron and steeper sides. Our Pro-Force has the most aggressive 30” spinner on the market, and is capable of spreading higher rates of  more...
BBI Spreaders
MagnaSpread 2 & MagnaSpread 3 — With BBI’s patented multi-bin technology, these spreaders operate multiple hoppers guided by independent, variable-rate technology. These models are built on  more...

Comments (0) Leave a comment 

e-Mail (required)


characters left

Grain Storage Systems

Behlen Grain Storage Systems offers large capacity bins with diameters from 16’ to 157’ and capacities exceeding 1,500,000 bushels. All ... Read More

View all Products in this segment

View All Buyers Guides

Feedback Form
Feedback Form