When a pesticide is registered under FIFRA, the Federal “action” must also be in compliance with the ESA. Failure of the USEPA to consult with, and/or failure of the Services to assess, results in non-compliance under Section 7 of the ESA and creates opportunities for litigious intervention, which essentially brings the entire process to a standstill.

A scientist and researcher, Richard Brain has authored more than 100 peer-reviewed publications. He is presenting at the National No-Tillage Conference alongside Dr. Daniel Perkins of Ag Insight on spray drift.