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Court Tells Federal Agency to Rethink Widespread Pesticide Spray Program

By Sharon Selvaggio on 29. August 2024
Sharon Selvaggio

For more than 50 years, Xerces has worked to protect “the little things that run the world.” This work is not always easy.  Sometimes, we’ve needed to take a firm stand, because killing off these little things has long been the accepted — and even popular — stance. 

Recently, Xerces won a lawsuit against a federal agency and their widespread pesticide spraying program across the western U.S. Here is the story of how we got to this point, and what this victory means for wildlife conservation.

 

A wide open field of yellow flowers, short grasses, and scrub in southeastern Oregon.
Sites like this field of flowering arrowleaf balsamroot (Balsamorhiza sagittata) are magnets for pollinators and other animals, who can be harmed by pesticides sprayed on their habitats. (Photo: Greg Shine / Bureau of Land Management, CC BY 2.0).

 

Grasshoppers and katydids are a vital part of the ecosystem

Let’s start with the insects at the center of the issue, native grasshoppers and katydids. Across the western U.S., there are hundreds of species of these insects, which come in many shapes and colors. 

Many live in the same grass- and shrub-filled rangelands that ranchers use to feed their livestock. Because some grasshopper and katydid species can potentially compete with livestock for plants to eat, the federal government applies insecticides to kill these insects, at taxpayer expense on public lands, and with inadequate consideration for the many types of wildlife affected.

The federal grasshopper suppression program, led by the Animal and Plant Health Inspection Service (APHIS), sprays pesticides and drops poisoned bait from planes across hundreds of thousands of acres (sometimes millions!) each year. Spray areas frequently include public lands with sensitive environments and conservation purposes. These pesticides are toxic to not just grasshoppers, but bees, butterflies, and other insects, which have no way to avoid the sprays. To make things worse, APHIS sprays tend to coincide with peak insect activity. For years, Xerces has been advocating for more sustainable solutions.

Like so many thorny issues, viewing grasshoppers solely as a problem is short-sighted. A huge number of grassland birds — from songbirds to raptors — rely on grasshoppers for food. Spiders and other invertebrate predators, as well as many mammals and reptiles, also eat grasshoppers. Grasshoppers can actually boost plant growth when they feed on plants that are slow to decompose, and some grasshoppers consume weeds. In fact, of the 400+ species of grasshoppers native to Western rangelands, the vast majority do not cause economic damage to rangeland or farms.

 

A western meadowlark, a small bird with a bright yellow chest and belly and a black mark on its chin, perches on a wooden pole, holding a grasshopper in its beak.
Western meadowlarks (Sturnella neglecta) consume nearly 80,000 grasshoppers per square mile! When grasshopper populations are high, meadowlarks eat little else. (Photo: Michael Levine-Clark, CC BY-NC-ND 2.0)

 

Going forward, pest management techniques must go beyond pesticides

For years, Xerces Society has engaged in good-faith efforts to bring our concerns to the leaders of APHIS. Ultimately, together with the Center for Biological Diversity and represented by Advocates of the West, we went to court. We learned a few weeks ago that we won this lawsuit.

According to the court, because APHIS “ignores any pest management techniques other than the application of pesticides,” it violated the law, failing its duty under the Food Quality Protection Act to use integrated pest management techniques (IPM). IPM is an approach to managing pests that combines biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks.

Effectively, the court decision will help APHIS move away from an unsustainable reliance on pesticides, and actually broaden the tools available for grasshopper management. APHIS acknowledged in its 2019 Environmental Impact Statement that, instead of pesticides, non-chemical preventative techniques are the best grasshopper management strategies, but then failed to develop a plan for incorporating these into its program.  

APHIS can do better. In the 1990s, APHIS led the development of the Grasshopper Integrated Pest Management Project. This generated a wealth of new research that explored grasshopper ecology, insecticide effects on “non-target” species, and rangeland management techniques that can affect grasshopper populations. While each landscape may require a tailored management technique, an example from the Northern Great Plains showed that denser grass and less bare ground can keep “problem” grasshoppers under control

 

Robber flies (family Asilidae, in the order Diptera) are excellent hunters, and can reduce grasshopper populations by 11-15%, making them another great tool for managing grasshoppers! But pesticide spraying harms robber flies and other predatory insects, preventing them from naturally controlling grasshoppers. (Photo: Lauren Sobkoviak CC BY-NC-ND 2.0).

 

Ranchers and farmers need options other than pesticides to handle grasshopper outbreak

Because Xerces works with ranchers and farmers every day, we recognize that grasshopper outbreaks can sometimes cause hardship to producers. 

Currently, affected ranchers have few options offered by the government other than chemical treatment. The insecticides used by APHIS are a threat to the many insects important for ranching, such as native pollinators and decomposers. These tiny but mighty animals can actually enhance livestock’s diets, by helping nutritious plants reproduce, and breaking down manure into useful nutrients for new growth.

Xerces wants to work with partners to explore options for financial support to ranchers experiencing grasshopper outbreaks, and identify additional management methods that reduce risks to non-target species. We also support the North American Grasslands Conservation Act, which would create financial incentives to producers that participate in grassland restoration projects.

 

Federal pest management strategies must consider sensitive habitats and wildlife

The court also ruled that APHIS must do a better job of assessing risk to sensitive environmental resources. For example, portions of the American West are home to approximately 1,000 species of native bees, many of which are declining. But APHIS has continued to spray within the habitats of  at-risk species like the Western and Morrison bumble bees. Throughout, APHIS has ignored many effects of their program on wildlife and other sensitive environmental resources such as recreational areas, drinking water sources, and culturally important areas.

We’re pleased with the outcome of this legal challenge and believe it strikes the right balance. Our goal is to curtail widespread use of toxic pesticides on public lands, and find more sustainable solutions. This decision will help to reshape the federal grasshopper management program into one that better supports everyone: ranchers, farmers, and wildlife.

 

A bumble bee hangs from a cluster of small yellow flowers.
The Western bumble bee (Bombus occidentalis), once common in Western states, has declined rapidly over the last 25 years.  Aerial sprays can put bees at risk by depositing pesticides on flowering plants. (Photo: Rich Hatfield).

 

Learn more about wildlife conservation in North American grasslands

 

Authors

Sharon Selvaggio

Sharon assists Xerces staff, partners, and the public to reduce reliance on pesticides and understand pesticide risk to invertebrates. Sharon previously worked at Northwest Center for Alternatives to Pesticides, the U.S. Fish and Wildlife Service, and the U.S. Forest Service, and integrates her focus on pesticides with her experience managing natural areas and agricultural lands.

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