Farm Bureau Petitions Supreme Court in Pesticide Case
Ruling could affect hundreds of thousands of farmers.
Compiled by staff
Published: Nov 3, 2009
The American Farm Bureau Federation has filed a petition with the U.S. Supreme Court, asking the high court to review a lower court ruling that will otherwise impose Clean Water Act permitting requirements on the application of pesticides on, over or near water. The Sixth Circuit found in National Cotton Council v. EPA that EPA must require Clean Water Act permits under the National Pollutant Discharge Elimination System for pesticide application in water or near waters where pesticide falls into the water. The court recognized only a very narrow exception for chemical pesticides intentionally applied to water that leave no "residue" after their use is complete.
"Allowing the lower court ruling to stand would pose serious challenges to farmers battling pests," said AFBF President Bob Stallman. "When pests strike, time is of the essence, and any length of time waiting for permit approval for products that are already approved would be disastrous."
In its petition, AFBF argues that the EPA pesticide rule simply formalized how EPA and Congress have always addressed environmental regulation of pesticide use.
"Since Congress enacted the Clean Water Act in 1972, EPA has never subjected the use of pesticides to NPDES permitting," said Julie Anna Potts, the AFBF's general counsel. "This court opinion dramatically changes the scope of the Clean Water Act and will force farmers, public health agencies, and many others into burdensome, time-consuming, and costly permitting requirements that could seriously impair their ability to use pesticides to protect croplands and public health."
If the decision is allowed to stand, farmers and others who use pesticides, such as mosquito abatement districts, will be required to obtain permits in order to apply pesticides on or near water. Since EPA views "waters of the United States" very broadly, including wetlands and even some ditches, the decision could affect hundreds of thousands of farmers.
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Tagged: EPA, pesticide, farm, Farm Bureau, cotton
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