House Ag Committee Members Introduce Bill to Undo Court Ruling on Pesticides

Members of the House Agriculture Committee have introduced legislation that they say would "reduce the regulatory burdens" posed by a recent court ruling regarding the number of permits an agricultural producer needs before applying the chemicals.

Members of the House Agriculture Committee have introduced legislation that they say would "reduce the regulatory burdens" posed by a recent court ruling regarding the number of permits an agricultural producer needs before applying the chemicals. 

The ruling was issued in 2009 by the U.S. Sixth Circuit Court of Appeals which found that commercial pesticides are pollutants when used in, near or on waterways to control mosquito larva, aquatic weeds and other pests. The decision stemmed from court challenges by environmental and agriculture groups in 2006 to an Environmental Protection Agency final regulation that said commercial pesticides applied near waterways in accordance with the pesticide law were exempt from any clean water law permitting requirements. 

Under the court ruling, pesticide users will be required obtain what sponsors say is a "duplicative permit" under the Clean Water Act for the use of pesticides. Pesticide applications are already highly regulated under the Federal Insecticide, Fungicide, Rodenticide Act, according to a statement released by the House Ag Committee. 

The regulation defines "pesticide users" as farmers, ranchers, forest managers, state agencies, city and county municipalities, mosquito control districts, and water districts, among others. 

The court order is scheduled to go into effect April 9. At that time, pesticide applications not covered by a National Pollutant Discharge Elimination System permit will be subject to a fine of up to $37,500 per day per violation. In addition to the cost of compliance, pesticide users will be subject to an increased risk of litigation under the citizen suit provision of the Clean Water Act. 

The proposed legislation would amend FIFRA and the CWA to clarify congressional intent and eliminate the requirement of a NPDES permit for the use of FIFRA-registered pesticides. 

For its part, EPA has petitioned the Sixth Circuit Court of Appeals for an extension that would allow pesticide users an additional six months –– from April 9 to Oct. 31 –– to obtain Clean Water Act permits for pesticide discharges into U.S. waters. The filing is an acknowledgement by EPA that the agency believes it faces challenges that will prevent it from issuing a general permit prior to the termination of its previous stay on April 9. 

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