FIFRA, ESA, and Pesticide Consultation: Understanding and Addressing the Complexities

Abstract

This paper explores the complexities and challenges that arise when trying to align the mandates of the Endangered Species Act (ESA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), particularly in the context of pesticide regulation and the conservation of endangered species. It examines the difficulties faced by the Environmental Protection Agency (EPA) in approving pesticides under FIFRA in compliance with the ESA and discusses the differing definitions and approaches to risk between the two regulatory frameworks. The paper aims to propose solutions for better integration of the two acts to improve their functionality and effectiveness in achieving their respective goals.