Can farmers be held liable for drift of pesticides and other chemicals that may find their way into waters and streams? That is a question the U.S. Supreme Court may address as it considers a request by the American Farm Bureau Federation, CropLife and the National Cotton Council to reconsider a lower court's decision which resulted in the imposition of the Clean Water Act permitting requirements on the application of pesticides on, over and near water. Next week, the high court is expected to decide if it will rehear the case.
Tyler Wegmeyer, director of Congressional Relations for the American Farm Bureau Federation, says if the Court decides to re-open the case, it will be like a grand slam home run. But he gives the Court only an outside chance of making an affirmative decision.
According to Wegmeyer AFBF and its allies are pinning their hopes on a reasonable application of the Sixth Circuit ruling by the Environmental Protection Agency, which was given two years to come up with a Clean Water Act permitting system for the estimated 5.6 million pesticide applications performed annually by approximately 365,000 applicators. EPA is working with water regulators in 45 states to develop a draft permit that it hopes will be ready for public comment in April.
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