Administration Oppose High Court Agriculture Petitions

The National Association of State Departments of Agriculture (NASDA) is reporting that the Obama Administration filed a brief with the United States Supreme Court opposing a petition by those in the agricultural industry asking the high court to reconsider a 2009 decision of the Sixth Circuit Court of Appeals.

In the Sixth Circuit the court held that pesticide applicators should be required to obtain permits, per the Clean Water Act, in order to apply pesticides over or near water. The Solicitor General argued that the administration does not think the case needs review by the Supreme Court.

It is worth noting that NASDA did file a friend of the court brief with the American Mosquito Control Association asking the court to hear the case. “The brief argued that the decision ignored federal laws governing pesticide use, specifically the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), while also burdening farmers and state regulators.” Essentially, NASDA and others are arguing the application of pesticides is already regulated by federal law and does not need to fall under the auspices of the Clean Water Act.

The cases before the high court are CropLife America v. Baykeeper and American Farm Bureau Federation v. Baykeeper. The case was identified in the Sixth Circuit as National Cotton Council v. EPA.

To read the NASDA news announcement about the administration’s decision click here.

Posted: 01/14/10