COURT REQUESTS RESPONSES ON PESTICIDE PERMIT CASE
News Date April 27, 2009
The Sixth Circuit Court of Appeals on April 24 directed the Environmental Protection Agency (EPA) and environmental groups to respond by May 8 to a rehearing petition filed by a coalition of agriculture interests, and supported by NASDA, in National Cotton Council (NCC) v. EPA.
The action comes after EPA declined to request a rehearing of the Court’s earlier decision that Clean Water Act (CWA) permits are required for pesticide applications "in, over, or near" waters of the U.S. If the Court’s decision stands, agricultural producers will be required to obtain a permit for an estimated 5.6 million pesticide applications annually. Currently, no permitting system is in place to handle the dramatic increase in permit applications.
Furthermore, the Court’s ruling has placed producers in legal jeopardy under the Clean Water Act’s citizen-action provisions. Reports indicate that 34 notices to sue have already been filed in California following the Court’s ruling.
While the April 24 announcement does not mean the Court will rehear the case, it does indicate that it has an interest in the legal and policy issues raised by the coalition of agricultural interests. NASDA continues to work with a broad coalition of agricultural groups on further legal, regulatory, and legislative activities on this issue. (Contact: Nathan Bowen)