EPA OPPOSES REQUEST FOR REHEARING OF NPDES CASE
News Date June 08, 2009
In a brief filed with the U.S. Court of Appeals for the 6th Circuit last week, the Environmental Protection Agency (EPA) opposed a request by a coalition of agricultural groups for a rehearing of National Cotton Council v. EPA. If a rehearing of the case is not granted and the court’s original decision is allowed to stand, agricultural producers will be required to obtain permits under the Clean Water Act’s National Pollutant Discharge Elimination System for pesticide applications in, over or near water.
EPA argued that the agricultural coalition is reading the decision too broadly and that the court should instead grant a two year stay of the mandate to allow EPA time to implement the court’s decision.
In a May 8 letter to the 6th Circuit, NASDA urged the full court to rehear the case. Separately, NASDA had asked EPA Administrator Jackson to support the rehearing request as well. (Contact: Nathan Bowen)