EPA Seeks Comment on Draft Settlement Agreement Resolving Unreasonable Delay Claim Regarding NRDC’s Petition to Revoke Tolerances for Neonicotinoid Pesticides

On August 20, 2026, the U.S. Environmental Protection Agency (EPA) published a proposed settlement agreement seeking to resolve an unreasonable delay claim regarding the Natural Resources Defense Council’s (NRDC) petition to revoke all tolerances for neonicotinoid (neonic) pesticides. 91 Fed. Reg. 53857. EPA is providing the public with an opportunity to comment until September 21, 2026, on the proposed settlement agreement.

EPA Action

On May 4, 2020, NRDC petitioned EPA (the Parties), under the Federal Food, Drug, and Cosmetic Act (FFDCA), to revoke all tolerances for residues of five neonic pesticides on or in food, including:

Acetamiprid;

Clothianidin;

Dinotefuran;

Imidacloprid; and

Thiamethoxam.

Plaintiffs subsequently filed a mandamus petition on October 29, 2025, alleging that EPA’s failure to issue a final decision on the FFDCA petition constitutes an unreasonable delay under the All Writs Act, 28 U.S.C. Section 1651(a), and the Administrative Procedure Act (APA), 5 U.S.C. Section 555(b).

The proposed settlement agreement states that on or before April 30, 2027, EPA must complete its review and take action on the Petitioner’s administrative petition under 21 U.S.C. Section 346a(d)(4)(A). Further, the proposed settlement agreement states that within 15 days of the execution of the settlement agreement, the Parties agree to file a joint motion to continue holding the litigation in abeyance pending the April 30, 2027, deadline for EPA’s issuance of a final decision on the administrative petition.

EPA has opened a 30-day comment period. Comments must be received on or before September 21, 2026, and can be submitted to docket EPA-HQ-OGC-2026-6172 at www.regulations.gov.

Commentary

The five neonics at issue are used on a wide variety of crops, turf, ornamentals, pets (for flea treatment), and other residential and commercial indoor and outdoor uses. The proposed settlement does not change the regulatory status of these products. It only sets a deadline by which EPA will make a decision. In 2020, EPA proposed in its Interim Registration Review Decisions for neonicotinoids several risk management measures, including:

Management measures to help keep pesticides on the intended target and reduce the amount used on crops associated with potential ecological risks;

Requiring the use of additional personal protective equipment to address potential occupational risks;

Restrictions on when pesticides can be applied to blooming crops in order to limit exposure to bees;

Language on the pesticide label that advises homeowners not to use neonicotinoid products; and

Cancelling spray uses of imidacloprid on residential turf due to health concerns.

Based on EPA’s previous risk management decisions supporting the currently registered uses of these neonics, it seems unlikely that all tolerances will be revoked for these five neonics as a result of NRDC’s petition. For many years, the debate over the registration of the neonics centered on possible effects on pollinators. Even if EPA were to conclude that the risks to pollinators are such that further restrictions are needed, as an ecological impact, the risk-benefit standard of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) would apply. If EPA were to conclude that tolerances should be severely limited or revoked altogether, there is virtually no role of benefit considerations under FFDCA. An outcome seeking to eliminate most or all neonic use would be more likely if the tolerances are found to not qualify under FFDCA. Whether EPA will propose changes to the tolerances for these neonics, and how any changes will affect those currently relying upon these neonics, will be of interest to those affected.

For more information on EPA’s risk management decisions for the neonics, see the following dockets: