How important are the changes coming to herbicide labels related to the Endangered Species Act? Extension specialists at Michigan State University believe these changes are so critical that they led off the weekly MSU Extension crops newsletter by highlighting the upcoming change every week starting in late October.

MSU Extension staff Teresa Crook and Saltanat Mambetova have special training sessions planned to help farmers learn how to navigate U.S. EPA’s new system related to coming ESA-related changes, called Bulletins Live! Two.

Meanwhile, Aaron Hager, University of Illinois Extension weed science specialist, worked behind the scenes on this issue for a long time, especially during the comment period for the Herbicide Strategy, which EPA will follow to comply with ESA guidelines.

“I was pessimistic about whether farmers could meet guidelines when EPA first debuted the rule,” Hager says. “However, EPA personnel listened and made meaningful adjustments. Now, with the final rule in place, I am optimistic that most farmers can meet guidelines without large upheaval to their operation. That is especially true in Illinois and the ‘I’ states, where fields are less rolling, but I believe farmers everywhere will be able to make it work.”

ESA background

Related:EPA restrictions on new product raise concerns

Hager outlines why EPA is bringing forth ESA-related changes in this exclusive interview:

What is the Endangered Species Act all about? A quick history lesson helps. The EPA was established by Congress in 1972. Then, the Endangered Species Act passed in 1973. It requires all government agencies to make sure any action it takes does not jeopardize a species on the federal endangered or threatened list. If a proposed action might affect a species on the list or its habitat, it is required to consult with either the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, or both. The services then recommend changes to protect the species or habitat.

So, why are labels facing changes now, over 50 years later? For most of the 50 years since then, EPA did not fully comply with this law — at least, not in the eyes of many environmental groups. Some groups sued the EPA and certain pesticide manufacturers, and some pesticide regulations were voided. Finally, environmental groups worked together and filed a mega-suit, asking for courts to make EPA follow the law.

The case was settled, with the upshot begin that EPA would begin applying the law and consult with the services as required. That agreement brought us to where we are now. The Weed Science Society of America has useful information that explains ESA’s and EPA’s actions in more detail.

How will this affect how farmers use pesticides today? It depends upon the pesticide. Some labels have already changed, and more will change in the future. EPA has said it will review all herbicides for reregistration within 15 years. That clock is ticking. When reregistration occurs, EPA will complete the ESA process. If the services [FWS and NMFS] believe changes are necessary in how the product is used to protect a species, the label will likely change.

BASF introduced Liberty Ultra for ’25, and it became the first pesticide to go through EPA’s new Herbicide Strategy for registration. The strategy was finalized last summer. The final label requires visiting EPA’s Bulletins Live! Two website, where things like steps to satisfy ESA requirements are outlined. Enlist and Enlist Duo also have these provisions, since Corteva and EPA reached an agreement when those products were registered. If over-the-top dicamba products receive reregistration, expect those labels to have ESA stipulations.

Why do farmers need training like that offered by MSU Extension and your own Extension group? Restrictions related to ESA for products will be spelled out on the product label and in the EPA Bulletins Live! Two website. Measures listed there will revolve around reducing spray drift and reducing runoff and erosion. EPA’s term for this step is “mitigation,” because as the farmer, you are taking actions to help the species or its habitat that could be affected by the pesticide you are spraying. Mitigation will be based upon a point system.

Are only herbicides involved? No. EPA chose to develop strategies for herbicides first. An overall strategy for insecticides comes next, and then one for fungicides. Altogether, about 1,000 pesticides are registered in the U.S., and they will all be reregistered in time.

Based on actions of the previous Trump administration, this administration is likely to be anti-regulation. Is it possible this whole ESA thing could go away? No, it is not going away. This is bigger than any one administration because it is based on federal law. Even if there are some changes in EPA policy ahead, it is bound by court rulings to obey the law and do its duty as an agency. Expect EPA to continue implementing these changes and proceeding with reregistration, first with herbicides, and then with insecticides and fungicides.

What is the risk of not taking these requirements seriously? If EPA does not follow this path in good faith, then registration for all 1,000 or more pesticides in the U.S. could be at stake. Expect environmental groups to monitor what happens closely. They have not hesitated to file lawsuits, and courts consider their claims carefully. Remember, we don’t have labels for over-the-top dicamba herbicides for soybeans now because a court intervened.