BASF has submitted a proposed label for its dicamba product, Engenia, to the Environmental Protection Agency (EPA) for registration after the label was vacated earlier this year.

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.

Mitigations are being proposed as a means to offset potential risks associated with pesticide registration and ensure compliance with the Endangered Species Act (ESA).