Archive for April, 2011

EPA Criticizes NMFS’ Latest BiOp

In a letter dated April 19, 2011, EPA responded to NMFS’ draft biological opinion for six pesticide active ingredients, including 2.4-D and chlorothalonil. EPA’s response was very negative, and criticized the draft BiOp in several respects. 

Read the complete article attached below.

esaarteparesponse2 4-d

MCFA to Address EPA’s ESA Information Needs

The Minor Crop Farmers Alliance is meeting in Denver on May 24-25, 2011. At their meeting, the MCFA will address EPA’s recent request to the Pesticide Program Dialogue Committee for recommendations on how to improve the ESA pesticides consultation process. In particular, EPA requests suggestions on how to develop better and timely information on ESA consultation issues.

Read the complete article attached below.


SFIREG Addresses ESA Pesticide Issues

On April 18-19, 2011, the Environmental Quality Issues Working Committee of the State-FIFRA Issues Research and Evaluation Group met at EPA’s Arlington, Virginia offices. On April 18, EPA spoke to the meeting about ESA pesticides consultation issues.  Some of the major points EPA made are:

Attached below is the complete article.



PPDC Advises EPA on ESA Consultations

On April 20-21, 2011, the Pesticide Program Dialogue Committee met to consider several issues.  These issues include three questions concerning EPA’s troubled Endangered Species Act pesticides consultations with the National Marine Fisheries Service and the Fish and Wildlife Service.

The complete article is attached below.


NMFS’ Pesticide BiOps Don’t Comply with NMFS’ IQA Pre-Dissemination Review Requirements

The U.S. National Marine Fisheries Service has stringent pre-dissemination review requirements under the Information Quality Act. These requirements apply to all information disseminated by NMFS, including biological opinions issued during the Endangered Species Act Section 7 consultation process. A BiOp issued by NMFS’ Southwest Region demonstrates these IQA pre-dissemination review requirements.

Read the complete article attached below.


NMFS Will Revise and Issue Draft 6-Pesticide BiOp for More Comment

NMFS has issued a draft biological opinion for captan, chlorothalonil, 2,4-D, diuron, linuron, and triclopyr BEE.  The current comment period for this 6-pesticide BiOp expired April 5, 2011. EPA and NMFS negotiated an extension to their court-ordered deadline for issuing the final BiOp for these 6 pesticides.   EPA explained in its news release:

NMFS will issue a revised draft Biological Opinion no later than May 13, 2011. When   NMFS provides the revised draft Biological Opinion to EPA in mid-May, EPA will make that document available and will seek comment on the draft RPMs and RPAs, and will announce the new comment period. Interested persons may then submit comments on the newly revised sections or on the entire revised draft document. EPA will forward all comments it receives on either draft of the opinion to NMFS for consideration.

No Action Yet On Dow ESP Bulletin Petition

On January 19, 2010, Dow AgroSciences LLC, Makhteshim Agan of North America, Inc., and Cheminova, Inc. USA filed with EPA a Petition for Rulemaking to Establish Procedures for the Creation and Amendment of Endangered Species Protection Bulletins.

Read the complete article attached below.


Sixth Circuit Allows EPA More Time to Produce General Permit

The United States Court of Appeals granted EPA’s request for an extension until October 31, 2011, of the court-ordered deadline for producing a general permit authorizing pesticide spraying activities under the federal Clean Water Act.  Environmental groups suing EPA for the permit had opposed this long an extension.  According to EPA, the need for ESA consultation over pesticides is one reason why EPA needed this much additional time. The Court granted EPA’s motion for more time without any accompanying opinion.