This paper examines the regulatory framework for pesticide registration in the United States, specifically the dual compliance required under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA). Administered by the Environmental Protection Agency (EPA), pesticide registration involves not only evaluating the safety of pesticides but also ensuring they do not harm endangered species or critical habitats. The EPA must conduct a biological evaluation (BE) to assess national-level risks to endangered species, consulting with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) when necessary.

If a proposed pesticide action is likely to adversely affect (LAA) listed species, the Services provide a biological opinion (BO), determining whether the action poses a risk (jeopardy or adverse modification of habitat) or not. The paper discusses the procedural requirements within the BE/BO cycle, including potential compliance issues that may arise if the EPA or Services fail to fulfill certain steps. Through this framework, the paper highlights the intersection of pesticide regulation and endangered species protection, offering insights into how federal agencies work to align agricultural practices with environmental conservation.