SALEM, OR - Center for Food Safety filed a lawsuit under the Freedom of Information Act (FOIA) yesterday to compel the U.S. Fish and Wildlife Service (FWS) to disclose important documents regarding their consultation with the Environmental Protection Agency (EPA) on the impacts of herbicide dicamba on endangered species.

Because the EPA determined that re-registering dicamba is likely to harm listed endangered species, they are required under the Endangered Species Act (ESA) to consult with FWS to implement mitigation measures to protect these species from dicamba's harms. This consultation between EPA and FWS is an essential part of the pesticide registration process and ensures adequate protection for endangered species.

CFS initially submitted a FOIA request to FWS in July of 2025, over 7 months ago, to ensure that the agency is following statutory guidelines and mandated procedural protections for listed species in dicamba's re-registration. Despite acknowledging the request, FWS has not released any records in response. FWS is in violation of FOIA and must release the relevant records as soon as possible, the suit alleges.

"Acquiring these records is essential to determine whether FWS and EPA are complying with Endangered Species Act obligations triggered by the re-registration of dicamba," said Kingsly McConnell, an attorney at Center for Food Safety.

Dicamba was re-registered last month despite being banned twice by courts because of its tendency to drift and cause damage to crops and other plants. Center for Food Safety and allies are challenging this re-approval in court.

The lack of transparency from the Trump administration around dicamba follows a worrying pattern. Last year, Kyle Kunkler, a former lobbyist for the American Soybean Association, was installed as the deputy assistant administrator for pesticides in the EPA's Office of Chemical Safety and Pollution Prevention. Kunkler has been a vocal cheerleader for dicamba, and this administration has not recused him from working on dicamba at the EPA despite his work lobbying for it during his previous employment.

In 2021, an Inspector General's investigation found that dicamba's original approval excluded important scientific evidence during the first Trump administration's rush to approve it.

Trump administration cuts to federal agencies have also led to understaffed FOIA offices, resulting in delays and failures to meet deadlines. Publicly available data shows that FWS ended the year with a 43% increase in the number of backlogged FOIA requests from 2024 to 2025, coupled with a 27% decrease in full-time staffing.

CFS is dedicated to ensuring the public has access to information concerning government regulation of food production. CFS's FOIA program is committed to upholding the principles embodied in FOIA, such as maintaining an open and transparent government.