Opposition to Preemption of Non-Federal Pesticide Regulation

Resolution 2026-02

WHEREAS, drift and chemical trespass from pesticide applications occur wherever pesticides are used. The U.S. uses approximately one billion pounds of pesticides annually, a significant portion of the roughly 5.6 billion pounds of pesticides used worldwide; and

WHEREAS, tens of millions of acres of wild and ornamental plants—and the wildlife these plants support—are at risk from chemical trespass in the air and water; and

WHEREAS, federal pesticide registrations do not appropriately protect the land, air, and water since they establish a floor or minimum protective standard in the product usage guidelines; and

WHEREAS, differences exist in geography, climate, and location of sensitive species throughout the United States, territories, and native lands which fall under a variety of jurisdictions; and

WHEREAS, state-level pesticide labeling requirements are also important for filling gaps where federal assessments lag the latest emerging scientific assessments of impact. The U.S. Environmental Protection Agency (EPA) is only required to review a chemical once every 15 years. Since pesticide ecological reviews rely on lab testing of a handful of species, the impact of chemicals on wildlife are only studied after the products are approved and widely used; and

WHEREAS, federal pesticide labeling reviews are based on nationwide risk assessments and field use simulations, which often fail to account for local conditions and vulnerabilities. Preemption of pesticide regulations limits the ability of non-federal jurisdictions including, but not limited to, Tribal, territorial, State, and local entities from adequately protecting biodiversity and ecosystems. For example, pesticides that are applied near waterways threaten water quality and aquatic life in regions with particularly high precipitation and runoff potential. Similarly, regions with significant specialty crops that rely on wild and managed bees for pollination need further application restrictions to minimize harm to pollinators and crop yields; and

WHEREAS, chemical manufacturers and distributors are seeking liability shields from state and local entities, including courts, against failure to warn suits for warning guidelines stricter than that of the federally approved product label. Since conservation needs to occur at a local level, local and regional governments have the regulatory and legal authority to further protect sensitive areas, wildlife, and the public from pesticide exposure with additional warning guidelines and protections for areas such as, but not limited to, schools, playgrounds, water resources, hospitals, parks, habitats, and natural areas if necessary; and

WHEREAS, the U.S. EPA has failed to meet its Endangered Species Act (ESA) obligations for adequate review of impacts to threatened and endangered species from pesticide active ingredients.

NOW, THEREFORE, BE IT RESOLVED that the National Wildlife Federation, at its Annual Meeting assembled June 14-17, 2026, opposes all efforts to preempt or restrict state and local authorities from issuing additional requirements for the sale, distribution, labeling, application, or disposal of pesticides that are more stringent than the U.S. EPA’s guidelines; and

BE IT FURTHER RESOLVED that non-federal jurisdictions including, but not limited to, Tribal, territorial, State, and local entities must have the right to add additional protections to the use of pesticides. These shall appropriately meet the needs of environmental and public health protection including, but not limited to, schools, playgrounds, water resources, hospitals, parks, habitats, and natural areas; and

BE IT FURTHER RESOLVED that timely and complete ESA reviews of new and existing pesticides should be conducted; and

BE IT FURTHER RESOLVED that non-federal jurisdictions including, but not limited to, Tribal, territorial, state, and local entities must retain the ability to act when emerging evidence indicates new or heightened risks to wildlife in the interim; and

BE IT FINALLY RESOLVED that the National Wildlife Federation opposes any regulation, Act, or new policy that would supersede safeguards on pesticide discharges under other bedrock environmental laws such as the Clean Water Act, Clean Air Act, and Endangered Species Act.