The Endangered Species Are Not Alright: The EPA’s Recent Progress Trying to Reconcile FIFRA and the ESA Does Not Go Far Enough

Document Type

Response or Comment

Publication Date

Spring 2023

Journal

American University Administrative Law Review

Volume

75

Issue

2

Abstract

Over the past few decades, the U.S. Environmental Protection Agency (EPA) has approved over one thousand pesticides and active ingredients for sale and distribution throughout the United States. Pesticides are engineered to indiscriminately harm living things, meaning that they can, and do, unintentionally harm endangered species. Currently, EPA-registered pesticides that harm endangered species are used throughout the United States, primarily on agricultural land, but also on lawns, gardens, schoolyards, and more. The EPA’s unwillingness to cancel or suspend pesticides stems from the difficult balancing test between the benefits pesticides provide, such as crop yields and disease prevention, and the harm caused to humans, animals, and the environment. Throughout the registration process, the EPA has failed to meet its obligation under the Endangered Species Act (ESA) to ensure that none of its actions jeopardize any threatened or endangered species. In response, environmental groups have sued the EPA in an effort to revoke or suspend certain pesticide registrations.

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