EPA Settlement Creates Pesticide-Free Zones in Pacific States to Protect Salmon

The U.S. Environmental Protection Agency (EPA) and several conservation groups have agreed to a settlement that limits pesticide use near salmon habitats in three states in a lawsuit accusing the agency of failing to assess the effects of pesticides on salmon despite a 2004 court decision ordering it to consult with National Marine Fisheries Service (NMFS) on the issue. Nw. Ctr. for Alts. To Pesticides v. EPA, No. 10 1919 (W.D. Wash., stipulated settlement agreement filed August 13, 2014). The settlement bans aerial spraying of five pesticides—carbaryl, chlorpyrifos, diazinon, malathion, and methomyl—within 300 feet and ground applications within 60 feet of salmon habitats in California, Oregon and Washington. The restrictions will be in place while NMFS analyzes the impact of the pesticides on salmon, and according to the settlement, EPA will then be required to enact permanent protections based on the findings. The Fourth Circuit struck down similar provisions in 2013 due to arbitrariness, and following the decision, the National Academy of Sciences issued a report detailing risks of pesticide exposure to endangered species that established more guidelines in an attempt to eliminate the arbitrariness in the government’s pesticide risk management. Additional information about the case striking down the previous restrictions appears in Issue 407 of this Update.

Issue 534