National Association of Wheat Growers
The Supreme Court declined this week to review a case that concluded pesticide discharge is a point source of pollution subject to additional regulation and permitting under the Clean Water Act, effectively letting the ruling stand and ending judicial appeals in the case.
The case, National Cotton Council of America v. U.S. Environmental Protection Agency (EPA), was decided by the Sixth Circuit Court in January 2009. In effect, the ruling will mean that EPA will almost certainly require producers to obtain National Pollutant Discharge Elimination System (NPDES) permits or some other type of permits for each and every pesticide application, even if applied within label requirements.
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