CAST papers are the foundation of CAST’s science communication work. Developed by expert-led task forces, these peer-reviewed publications translate agricultural science into trusted insights that inform policy, guide public understanding, and fuel CAST programs, dialogues, and educational initiatives.

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A Legal Discussion of the FIFRA/ESA Consultation Process Over Time

Task Force Chairs
Compliance Services, Inc.
University of Georgia
Authors
National Agriculture Law Center
Abstract
This paper examines the intersection of the Endangered Species Act (ESA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as administered by the U.S. Environmental Protection Agency (EPA). It provides an overview of the statutory obligations under both laws, reviews EPA’s historical efforts to comply with ESA requirements during pesticide regulation, and analyzes recent policy developments aimed at improving compliance. The discussion includes past consultation strategies, litigation trends, and the agency’s current proposals, such as early mitigation measures, the Draft Herbicide Strategy, and the Vulnerable Species Pilot Program. The paper concludes by highlighting unresolved legal and practical questions regarding the effectiveness and enforceability of these new approaches.
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