Aug 07, 2009
Washington, DC– CropLife America (CLA) expressed disappointment following the Sixth Circuit Court of Appeals denial of its petition for review of a three-judge panel’s January decision vacating the Environmental Protection Agency’s (EPA) 2007 NPDES (National Pollutant Discharge Elimination System) Final Rule for pesticides.
"We’re disappointed with the court’s decision not to reexamine the ruling that pesticide applications made to, over, or near bodies of water will require NPDES permits,” said Jay Vroom, CLA president and CEO. “We believe that the ruling deserves further consideration given that not only aquatic, but aerial and terrestrial applications could all be impacted as a result, putting U.S. farmers at an uncertain risk for liability and adversely affecting American agriculture.”
In petitioning for review, CLA requested that the entire Sixth Circuit Court reexamine the panel’s classification as pollutants residuals left from the application of beneficial pesticides and the determination that all biological pesticides, as “biological materials,” are pollutants as defined by the Clean Water Act (CWA).
“We will continue to work toward clarifying that the panel’s decision does not apply to pesticide applications beyond the scope of the original NPDES Final Rule while offering our cooperation in the creation of an EPA NPDES permitting system to ensure that any general permit meets the critical needs of agriculture,” continued Vroom.
Currently, following a previous filing by EPA, the Sixth Circuit mandate is stayed until April 2011.
