COURT VACATES PESTICIDE RULE ON CLEAN WATER PERMITS
News Date January 12, 2009
A U.S. Court of Appeals January 7 vacated an Environmental Protection Agency (EPA) rule which exempted certain pesticide applications from Clean Water Act (CWA) permits. NASDA and other agriculture groups have long urged the agency and Congress to exempt labeled uses of a pesticide from the requirement for a CWA permit.
The court’s decision said that EPA’s rule was "not a reasonable interpretation" of the Clean Water Act’s permitting requirements, but agreed with the agency’s assertion that not all pesticides should be classified as pollutants. Environmental groups issued statements saying the court decision means that all commercial pesticide applications to, over, and around waterways will now require CWA permits. However, there are legal questions raised by the decision which are unanswered and the court’s ruling will probably require further review or legislative action. The court’s decision also means that CWA permit requirements for pesticides will revert to the procedures in place before the agency’s final rule was adopted. Petitioners will have forty-five days to file for appeal with the court’s decision. (Contact: Charlie Ingram)