Pesticide Applications and the Clean Water Act: An Update

Roger Flashinski, Pesticide Applicator Training Program

I also stated that EPA was not going to challenge the Court’s decision but, rather, requested – and received – a 2-year delay of the Court's mandate until April 9, 2011 to provide EPA time to develop, propose, and issue a final NPDES permitting process for pesticide applications. In related activity, a coalition of agriculture organizations did petition the Court for rehearing. However, on August 3, the Sixth Circuit Court denied the petition for rehearing.

EPA estimates 500 pesticide active ingredients, 3,700 products, 365,000 applicators, and 5.6 million applications will be subject to the ruling. It will cover uses of mosquito larvicides, mosquito adulticides, aquatic herbicides, weed control in irrigation systems, ditch bank weed control, wide-area insecticide programs (land and aquatic), piscicides, and other uses. The ultimate definition of “waters of the U.S.” will be a factor in the scope of the 6^th Circuit Court ruling.

 he agricultural coalition will have 90 days to decide whether to appeal the decision to the U.S. Supreme Court.