Court Extends CWA Permit Deadline

Additional six months for action by Congress.

Published on: Mar 30, 2011

The Sixth Circuit Court of Appeals has ordered a six-month extension to the Environmental Protection Agency on enforcement of a rule that would require a Clean Water Act permit for users whose pesticides could drift into waters of the U.S. EPA sought the extension because it could not comply with the permitting requirements by the April 9 deadline; it now has until Oct. 31.

Farmers have fought the proposed EPA aquatic pesticide rule, noting they are already regulated and only apply chemicals in compliance with EPA's labeling requirements under the Federal Insecticide, Fungicide & Rodenticide Act. EPA promulgated the rule based on the Sixth Circuit Court of Appeals' ruling in National Cotton Council vs. EPA.

The House was set to vote this week on H.R. 872, a measure to kill the court-ordered  requirement for a second permit. According to a statement from Representative Jean Schmidt, R-Ohio, who chairs the House agriculture subcommittee on nutrition and horticulture, EPA already comprehensively regulates the distribution, sale and use of pesticides.