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Bush EPA Gives Green Light to Toxic Pesticides

EPA Allowed to Ease Pesticide Reviews

Thu Jul 29, 5:19 PM ET

By JOHN HEILPRIN, Associated Press Writer

WASHINGTON - The Environmental Protection Agency (news - web sites) will be
free to approve pesticides without consulting wildlife agencies to determine
if the chemical might harm plants and animals protected by the Endangered
Species Act, according to new Bush administration rules.

The streamlining by the Interior and Commerce departments represents "a more
efficient approach to ensure protection of threatened and endangered
species," officials with the two agencies, EPA and the Agriculture
Department said in a joint statement Thursday.

It also is intended to head off future lawsuits, the officials said.

Under the Endangered Species Act, EPA has been required to consult with
Interior's Fish and Wildlife Service and Commerce's National Marine
Fisheries Service each time it licenses a new pesticide. But that hasn't
been happening for some time.

"Because of the complexity of consultations to examine the effects of
pest-control products, there have been almost no consultations completed in
the past decade," the officials acknowledged in their statement.

Steve Williams, the Fish and Wildlife director, said it was too complex to
have to consider every possible result among the interaction of hundreds of
active chemicals and 1,200 threatened and endangered species.

The two services are responsible for enforcing the endangered species law.
EPA said it will consult those services if it determines a pesticide could
adversely impact a species. But the new rules let EPA formally skip the
consultations if it decides there would likely be no harm.

The heads of the two wildlife services will presume EPA's review work is
adequate.

"The two agencies completed a scientific review of EPA's risk assessment
process, and concluded it allows EPA to make accurate assessments of the
likely effects of pesticides on threatened and endangered species," said
Bill Hogarth, who heads the fisheries service.

But the two services still plan to review EPA's methods occasionally, just
to make sure. And EPA can still ask for outside consultations if it wants
to. In that case, the wildlife agencies would have final say on whether a
species might be harmed by a pesticide.

By not requiring so many consultations, the officials said it was more
likely the ones that matter most would get done. The Endangered Species Act
was signed into law by President Nixon in 1973.

CropLife America, a pesticide industry trade group, described the new rules
as "a sensible approach that strengthens protections to endangered animal
and plant species while maintaining access to tested and approved
pesticides" used in agriculture, pest control and wildlife protection.

The rulemaking is partly in response to a successful lawsuit against EPA in
Seattle by Washington Toxics Coalition, the Pacific Coast Federation of
Fishermen's Associations and other groups. They argued that EPA hadn't
consulted with the government's wildlife experts to gauge the risks various
pesticides pose to salmon in the Pacific Northwest.

A federal judge in January temporarily banned the use of 38 pesticides near
salmon streams until EPA determines whether they would harm the fish. An
attempt by pesticide makers and farm groups to block the order, was rejected
by the appeals court.

Other groups have criticized EPA's pesticide review process.

The Center for Biological Diversity, an environmental group that has
repeatedly sued the government to force species protections, reported this
week that the plight of nearly a third of all threatened and endangered
species < 375 < is aggravated by pesticides.

This summer, a pesticide maker agreed to halt U.S. sales of
mosquito-fighting fenthion. As a result, the American Bird Conservancy and
other groups held off on a threatened lawsuit against EPA. They had planned
to argue that EPA hadn't consulted wildlife agencies on fenthion, which was
killing birds in Florida, including an endangered piping plover.

Last year, the Natural Resources Defense Council sued EPA in federal court
in Baltimore on similar grounds, arguing the agency hadn't properly
consulted the wildlife agencies while approving a popular weedkiller,
atrazine. The case is still pending.

Aaron Colangelo, an NRDC staff attorney, said the new rule benefits the
pesticide industry at the expense of endangered species.

"The fact that the consultations are so complicated counsels for better
protection, not lesser protection," he said. "The solution to ignoring it
for decades isn't to rewrite the rule so they can continue to ignore the
consultations. The solution is to start complying with the Endangered
Species Act."

___

On the Net:

EPA: http://www.epa.gov/pesticides/regulating/index.htm

U.S. Fish and Wildlife Service: http://www.fws.gov

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