Pesticide Spraying Near Streams May Be a Violation Of the Clean Water Act

A couple years ago the Bush administration issued a regulation that clarified that the use of pesticides near streams, in a manner consistent with their approved application under FIFRA (Federal Insecticide, Fungicide and Rodenticide Act - what a name) did not require a NPDES permit. NPDES permits are ordinarily required for discharges of pollutants to waters of the United States from a point source, but the EPA clarified that the pesticide overspray was not a pollutant. The Sixth Circuit struck down that rule, opening the door to requiring farmers to obtain permits before applying pesticides to their crops, if the pesticides could end up in streams. The case, National Cotton Council of America v. US EPA , involved challenges to the rule from both the environmental community and industry. I have not done more than skimmed the decision, but it is a useful introduction to FIFRA and its interplay with the Clean Water Act.

If you're interested in learning more about FIFRA, you can go to the EPA website here. For a take on the decision by the American Farm Bureau, and a report on a potential conflict within the Obama administration between EPA and Agriculture, head over here.