Supreme Court Won't Review Pesticide Ruling

The Supreme Court has declined to review a January 2009 circuit court ruling that requires pesticide applicators to obtain a permit under the Clean Water Act (CWA) when pesticides are applied to or near U.S. waters. In the past, EPA has excluded pesticides that comply with the Federal Insecticide, Fungicide & Rodenticide Act (FIFRA) from being considered pollutants under CWA because their effects on aquatic environments are already considered under FIFRA. EPA estimates that the ruling will affect 5.6 million pesticide applications annually. To give EPA time to issue the necessary permits, the circuit court stayed the ruling until April 2011, meaning no water permits will be required for pesticides until then. Agriculture and pesticide trade groups are disappointed with the Supreme Court's decision not to review the ruling, saying it will lead to duplicate permits for pesticide products that have already been deemed safe under FIFRA. "That kind of regulatory overkill will not improve food safety or the environment," Bob Stallman, president of the American Farm Bureau Federation, a trade group, said in a statement.