Nationwide – In May 2023, the U.S. Environmental Protection Agency (EPA) released an unprecedented finding that use of EPA-approved neonic pesticide products likely jeopardizes the continued existence of 200+ threatened and endangered species—or ~11% of the entire endangered species list. The finding comes as a result of years of successful litigation by NRDC and its partners, and has the potential to ultimately result in restrictions on neonic use nationwide. The first test will be whether EPA will propose such restrictions in its anticipated “registration review” proposals for neonics this fall. NRDC will be extensively commenting on the proposals and evaluating opportunities for further litigation.

Nevada – On May 30, 2023, Republican Governor Joe Lombardo signed AB 162 into law, a prohibition on outdoor, non-agricultural neonic uses that passed the state legislature with overwhelming bipartisan support. NRDC advised the coalition and author Assemblymember Gorelow on the content and initial draft of the bill, provided fact sheets and other supporting content from NRDC’s New Jersey work, and submitted detailed written testimony in support of the bill in both houses.

California –In September 2023, Governor Newsom signed AB 363 into law, making California the 10th state to prohibit “over the counter” neonic products, limiting their use to certified applicators. NRDC was one of two official cosponsors of the new law, which also requires the state Department of Pesticide Regulation (DPR) to conduct a review of, and provide mitigation for, all non-agricultural neonic uses in a thorough and timely fashion. NRDC is also a cosponsor of AB 1042. The bill would require more accurate labeling of seeds treated with neonics and other pesticides—one of the largest uses of neonics in the state—which currently is not regulated by DPR due to large federal and  state regulatory loopholes. NRDC has worked to close these loopholes for years, suing DPR on the issue in 2023. That case is currently in settlement negotiations.