On August 3, 2009, the 6th Circuit Court of Appeals denied a request by various agricultural organizations and stakeholders for a rehearing of the 6th Circuit’s previous decision in the National Cotton Council v. EPA case.The agriculture organizations had wanted the entire 6th Circuit panel to review a decision previously reached by a three judge panel of the court this past January. In January, the court ruled that “pesticide residuals” and “biological pesticides” were pollutants covered under the Clean Water Act. According to the Common Dreams organization’s website, Monday’s decision essentially upholds that finding.
The result of the January ruling requires individuals to get a National Pollution Discharge Eliminations Systems (NPDES) permit before applying pesticides “to, over or near water” sources. The NPDES permits allow local citizens to submit public comments about the potential pesticide applications. The permits also require certain regulatory agencies to evaluate the potential environmental impact of the pesticide application to the flora and fauna of the area, and to evaluate how much of the pesticides being applied will stay in the waterways and what the long-term effects will be on aquatic life.
The agricultural organizations who asked for the rehearing now have 90 days to file an appeal to the United States Supreme Court. The Environmental Protection Agency also sought, and received from the court, a two year stay of the decision to develop a proper permit in light of the ruling. A draft version of the permit may be available for stakeholders to examine by the end of the month.
To read the Common Dreams website’s post on the ruling click here.
To read an article on the ruling on the Wisconsin Ag Connection website click here.
To read the 6th Circuit’s January decision click here.
To read a previous blog post on this case click here.
Posted: 08/05/09
