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Pesticide News Story: Motion Filed to Stay Court Decision in Aquatic Pesticide Application Case
For Release: April 10, 2009
The Government has decided not to file a Petition to Seek Rehearing in National Cotton Council et al. v. EPA, the January 7, 2009, decision by the 6th Circuit Court of Appeals that vacated EPA’s Aquatic Pesticides Rule. In this decision, the Court held that Clean Water Act permits are required for both chemical pesticide applications in and over, including near, waters of the United States that leave a residue or excess pesticide in water, and all biological pesticide applications that are made in and over, including near, waters of the United States.
Because the Government recognizes the significant implications of this vacatur, on April 9, the Government filed a Motion for Stay of the Mandate for a period of two years. EPA estimates that the ruling will affect approximately 365,000 pesticide applicators that perform 5.6 million pesticide applications annually. If the stay is granted, the requested two years will provide EPA time to develop, propose, and issue a final National Pollutant Discharge Elimination System (NPDES) general permit for pesticide applications covered under the decision that will authorize these discharges to waters of the United States consistent with the requirements of the Clean Water Act. During the stay, EPA will work closely with NPDES-authorized states to develop their permits and provide outreach and education to the regulated and environmental communities. EPA plans to work closely with states and the regulated and environmental communities in developing a general permit that is protective of the environment and public health. More information is available at http://cfpub.epa.gov/npdes/home.cfm?program_id=41.