Public Feedback Sought on Biological Opinions; Access Final Opinions and Label Changes Links Provided
The Environmental Protection Agency (EPA) has been actively implementing biological opinions (BiOps) for several pesticides, as part of its Endangered Species Act (ESA) consultations. Here's a rundown of the latest developments:
- The final BiOps for Chlorpyrifos, Diazinon, and Malathion were implemented on April 2, 2024, and August 24, 2023, respectively. The associated BiOps for Malathion and Diazinon are linked with EPA-HQ-OPP-2013-0032-0064 and EPA-HQ-OPP-2014-0772-0080, respectively. The final BiOp for Chlorpyrifos is also associated with EPA-HQ-OPP-2012-0869-0065.
- The finalized BiOps for Bromoxynil, prometryn, and metolachlor have been implemented as of January 31, 2023. The related BiOps for Bromoxynil and prometryn are associated with EPA-HQ-OPP-2013-0032-0064 and EPA-HQ-OPP-2012-0869-0065, respectively. The final BiOp for 1,3-D (Telone) and metolachlor is associated with EPA-HQ-OPP-2014-0772-0080.
- The final BiOp for Methomyl and Carbaryl has been implemented by EPA as of July 31, 2025.
- The EPA-HQ-OPP-2021-0150 BiOp pertains to 26 Federally listed endangered and threatened species of Pacific salmon and steelhead in Washington, Oregon, and California.
- The draft BiOp for Carbaryl, Methomyl, and Enlist is no longer available for public comment. Links to the finalized BiOps are provided.
- The finalized BiOp for Enlist is not yet available.
The process for public comment on draft biological opinions related to pesticides by the EPA, National Marine Fisheries Service (NMFS), and U.S. Fish and Wildlife Service (FWS) typically begins with the EPA opening a public comment period on its proposed pesticide registration or re-registration. During this period, stakeholders—including the public, industry, and environmental groups—can submit comments on the proposed action, such as pesticide registrations (for example, for over-the-top dicamba herbicides).
After the public comment period closes, the EPA conducts a biological evaluation to assess how the pesticide might affect endangered or threatened species and their critical habitats. The EPA shares this biological evaluation with FWS and NMFS, which then conduct their own separate assessments and issue BiOps. These opinions evaluate the potential impacts in detail and recommend any necessary mitigation measures or restrictions to protect species.
If FWS or NMFS determine that additional protections are necessary, the EPA is required to work with pesticide registrants to incorporate those mitigations through label changes or registration conditions. The EPA typically finalizes the registration decision after consulting with these Services.
Public comments are accepted primarily during the EPA’s opened comment period before biological opinions are finalized; there is no separate public comment on the biological opinions directly, but they inform the EPA’s final decisions that are subject to public scrutiny.
In summary, public comments occur during EPA’s proposed pesticide registration or re-registration phases before biological opinions are issued by NMFS and FWS. These opinions then guide EPA’s final decisions where mitigations may be required.
