Senators Blanche Lincoln (D-AR), Chairman of the Senate Agriculture, Nutrition, and Forestry Committee, and Ranking Member Saxby Chambliss (R-GA), introduced legislation that "aims to clarify that additional permits are not required for pesticide application in accordance with the Federal, Insecticide Fungicide and Rodenticide Act (FIFRA), according to Sen. Lincoln's press release.
This legislation is a response to the Sixth Circuit Court of Appeals ruling in National Cotton Council v. EPA which vacated an EPA ruling that excluded the application of pesticides to, over, or near, waters of the United States from permitting requirements under the Clean Water Act (CWA), 33 U.S.C. § 1251 et seq. The court gave EPA a "two-year stay" to allow for time to draft and implement the a new permit. The EPA released a draft of the Pesticide General Permit (PGP) in July. For more information on the Sixth Circuit case and the EPA's response, click here to read a US Ag&Food Law and Policy blog post on the subject.
The New York Times reports that the bill "would allow agriculture interests to continue pesticide use in compliance" with FIFRA. The press release states that "the bill makes it clear that producers that are in compliance with the requirements of [FIFRA] do not need to obtain Clean Water Act permits" which will "protect public health" and "safeguard the environment" while "simultaneously eliminating duplicative regulatory obligations."
To read Sen. Lincoln's press release, click here.
To read the New York Times story, click here.
Posted: 08/10/2010
