Endangered Species Mitigation and More Legal News | Cape law

Endangered Species Mitigation and More Legal News | Cape law

EPA Proposes Endangered Species Mitigation Measures for Treated Seed

The EPA has been receiving comments to its updated workplan to bring the Agency’s pesticide registration process into compliance with the Endangered Species Act (ESA). The EPA recently admitted that it has never fully complied with its ESA obligations which have been in place since the mid-1970s. As a result, the Agency has been drug into multiple lawsuits over its regulatory failures and the docket continues to grow, consuming the Agency’s resources. The Agency’s ESA workplan aims to improve the defensibility of new pesticide registrations. Enlist One and Enlist Duo were the first herbicides to go through the new ESA review process, resulting in county-specific application bans.
The updated workplan now includes FIFRA’s mandatory registration review process in which registered pesticides are reviewed every 15 years. To address ESA obligations, EPA has proposed “a menu of mitigation measures” to reduce exposure to nontarget species, including listed species.
Treated seeds are one of the areas where EPA has proposed new mitigation measures. The new proposals include additional pesticide label instructions for (i) reducing dust-off of seed treatments, (ii) burial of spilled treated seed, and (iii) disposal of excess, unplanted seed. EPA also indicated that it may consider dust-reducing techniques such as requiring seed coatings for dust-reduction, and fluency agents to increase flowability of treated seeds out of planters. There is also a proposal for additional labeling for seed bags containing treated seed to include pesticide names, active ingredients, and EPA registration numbers. The updated workplan can be read further here.

I’ll Take Mine Medium Rare!

The 2023 Grand Champion Steer at the Fort Worth Stock Show brought home the beef when it sold for $440,000 at the premium sale! The Fort Worth Stock Show is one of the oldest livestock shows in the country and a premier event for ag youth to exhibit cattle, swine, sheep, and other livestock in competition. This year’s Grand Champion, a European cross shown by 4-H member Sadie Wampler from Canyon, Texas, broke the previous Sale of Champions record of $310,000 set in 2022. At 1,342 pounds (and a 60% dress out) that brings the price of this beef to about $547 per pound of carcass weight! That’s a steak to savor! Read more about Sadie’s steer and her (now fully funded) plans for attending Texas A&M here.

Midwest States Get Earlier Dicamba Cutoff Dates for 2023

A handful of States in the Midwest have received amended dicamba labels for 2023, backing up the application cutoff dates to earlier in the season:

  • Iowa, Illinois and Indiana will have a June 12 cutoff date (or first square for cotton and V4 growth stage for soybeans)
  • South Dakota will have a June 20 cutoff date.

According to DTN Progressive Farmer, the new cutoff dates were proposed by the registrants in conjunction with the State’s recommendations. You can read more here.

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