EPA Takes Next Step in the Endangered Species Act Review of Three Neonicotinoids

Released on May 5, 2023

The U.S. Environmental Protection Agency (EPA) is releasing new analyses identifying federally endangered or threatened (listed) species that it predicts face the greatest risks from clothianidin, imidacloprid, and thiamethoxam, part of a group of insecticides known as neonicotinoids used on a variety of crops, turf, and ornamentals, and for other residential and commercial indoor and outdoor uses. While these types of analyses—which predict which species could be at jeopardy and which critical habitats could face adverse modification from the use of these pesticides—have not historically been part of EPA’s Endangered Species Act (ESA) assessments, EPA has recently conducted some of these analyses in order to expedite ESA consultations with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services). The analyses will also help EPA and the Services prioritize mitigation measures for the highest risk species. These analyses were completed as part of EPA’s efforts to meet its obligations under the ESA and furthers the goals outlined in EPA’s April 2022 ESA Workplan to provide practical protections for listed species from pesticides.

EPA finalized biological evaluations (BEs) for clothianidin, imidacloprid, and thiamethoxam in June 2022. The BE is EPA’s determination of whether the continued registration of these insecticides will have an effect on each listed species or its designated critical habitat. When EPA makes a “may affect” determination, the Agency also determines if continued registration will likely adversely affect (LAA) or not likely adversely affect (NLAA) a listed species or critical habitat.

In the final BEs, the Agency made numerous LAA determinations. An LAA determination means that EPA reasonably expects that at least one individual of any listed species may be exposed to a chemical at a sufficient level to have an adverse effect. This is the case even if a listed species is almost recovered to a point where it may no longer need to be listed. The likely “take,” which includes unintentional harm or death, of even one individual of a species, is enough to trigger such a determination. As a result, there are often a high number of LAA determinations. An LAA determination, however, does not necessarily mean that a pesticide is putting a species in jeopardy.

Whenever EPA makes an LAA determination, the Agency consults with the Services, which will analyze whether those impacts rise to the level of jeopardizing the existence of the entire species or adversely modifying its critical habitat. The Services’ analysis is typically complex and time consuming. To help expedite this analysis, EPA in its BE has predicted whether each of the three pesticides could lead to a future jeopardy or adverse modification finding for each species or critical habitat with an LAA finding. Although EPA has made these predictions, the Services are responsible for making the actual jeopardy/adverse modification findings and have the sole authority to do so.

Below are the findings from the BEs and the new analyses on jeopardy and adverse modification (last two bullets). The BEs evaluated the effects of the three neonicotinoids on over 1,700 listed species and over 800 critical habitats in the United States.

Clothianidin

Will have no effect on 16% of species and 17% of critical habitats;
May affect but is not likely to adversely affect 20% of species and 27% of critical habitats;
Is likely to adversely affect but EPA predicts that use will not likely cause jeopardy to 55% of listed species or adversely modify 52% of critical habitats;
Is likely to adversely affect and EPA predicts that use may cause jeopardy to 9% of listed species and adversely modify 4% of critical habitats.

For more information on clothianidin, see https://www.epa.gov/endangered-species/final-national-level-listed-species-biological-evaluation-clothianidin.

Imidacloprid

Will have no effect on 15% of species and 13% of critical habitats;
May affect but is not likely to adversely affect 13% of species and 11% of critical habitats;
Is likely to adversely affect but EPA predicts that use will not likely cause jeopardy to 61% of listed species or adversely modify 73% of critical habitats;
Is likely to adversely affect and EPA predicts that use may cause jeopardy to 11% of listed species and adversely modify 3% of critical habitats.

For more information on imidacloprid, see https://www.epa.gov/endangered-species/final-national-level-listed-species-biological-evaluation-imidacloprid.

Thiamethoxam

Will have no effect on 15% of species and 13% of critical habitats;
May affect but is not likely to adversely affect 14% of species and 10% of critical habitats;
Is likely to adversely affect, but EPA predicts that use will not likely cause jeopardy to 60% of listed species or adversely modify 73% of critical habitats;
Is likely to adversely affect and EPA predicts that use may cause jeopardy to 11% of listed species and adversely modify 4% of critical habitats.

For more information on thiamethoxam, see https://www.epa.gov/endangered-species/final-national-level-listed-species-biological-evaluation-thiamethoxam.

Next Steps

These neonicotinoids are also currently undergoing registration review. Proposed Interim Decisions (PIDs) for these neonicotinoids were released in January 2020.

EPA anticipates releasing amended proposed interim decisions later this year that will include additional ecological mitigation measures to reduce neonicotinoid exposures for non-target organisms, including some listed species for which EPA has predicted that jeopardy is likely.

EPA expects to finalize these additional mitigation measures in interim decisions, which the Agency foresees releasing in 2024. EPA will inform the Services of any additional mitigations identified during registration review, which may be considered during formal consultation.

During formal consultation, the Services use EPA’s effects determinations and jeopardy/adverse modification predictions to inform their biological opinions, which will include their final determinations of jeopardy/adverse modification. Prior to issuing the final biological opinions, the Services will provide a draft opinion to EPA, which the Agency will share for public comment. EPA will summarize and provide all comments to the Services for consideration as they complete the final opinion.

Learn about the updated review schedule for neonicotinoid pesticides by visiting EPA’s website: Schedule for Review of Neonicotinoid Pesticides.