ABSTRACT
The problem with Environmental Protection Agency (EPAs) inability to effectively regulate the use of pesticides under specific geographic and temporal conditions is highlighted by the conflict that exists with regard to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and wildlife protection statutes, such as the Endangered Species Act (ESA) and the Migratory Bird Treaty Act (MBTA). The center for biological diversity recently released a report that found that EPA has approved registrations for pesticides that put more than 375 Endangered Species Act (ESA) listed species at risk. EPA argued that because the plaintiffs sought cancellation of a pesticide, the plaintiffs suit had to be brought under FIFRA. While the Eighth Circuit acknowledged that an action for pesticide cancellation alone should be sought under the FIFRA legislations. In December 2002, EPA revived its Endangered Species Protection Program (ESPP) by filing in the Federal Register a notice of its proposed implementation of the ESPP.
