NPDES CASE APPEALED TO SUPREME COURT
News Date November 10, 2009
A coalition of agriculture organizations, include the American Farm Bureau Federation, National Cotton Council, CropLife America, and the American Forest and Paper Association filed a petition for a Writ of Certiorari to the United States Supreme Court last week, asking the Court to reverse a decision by the Sixth Circuit Court of Appeals in National Cotton Council v. EPA.
If the Sixth Circuit’s decision stands, pesticide applications in, over, or near waters of the United States will require National Pollutant Discharge Elimination System (NPDES) permits under the Clean Water Act. The Court’s decision failed to consider existing pesticide-related regulation under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), while simultaneously vastly expanding the scope of the Clean Water Act. (Contact: Nathan Bowen)