UPDATE

The 6th Circuit Court of Appeals has ruled in favor of local water supplies, fisheries & wildlife and has vacated the Bush EPA's rule exempting pesticide application from Clean Water Act protection.

Click here to read the press release.

Click here to read the 6th Circuit decision (pdf).

Furthermore, on August 6th, 2009, we received an order from the 6th Circuit confirming our victory for clean water and rejecting the pesticide industry's petition to have the decision reconsidered.

Click here to read the press release.

HISTORY

In retaliation for our 2001 victory in Headwaters v. Talent Irrigation District, the pesticide industry asked EPA to exempt certain types of aquatic applications and aerial applications of pesticides from the Clean Water Act.  EPA, with a Alice In Wonderland reasoning, seeks to exclude pesticides from the definition of “pollutant” under the Clean Water Act.  It argues that when the pesticides are applied from point sources they are not pollutants but chemicals intended for use and when they remain in the water after fulfilling their intended use they then become pollutants – but get this --  then they are non-point source pollutants and thus exempt from National Pollutant Discharge Elimination System ("NPDES") permitting.  This absurd reasoning contravenes the Clean Water Act and previous positions taken by EPA, including in an amicus brief filed by EPA in the Headwaters case.  The pesticide industry filed challenges, even though they got exactly what they asked for from EPA, in 7 appellate circuits.  WELC and other conservation groups also objected to EPA's rule.  All appeals were consolidated in the 6th Circuit Court of Appeals.  We await a decision.

Click here to read the 9th Circuit's 2001 Headwaters Decision (pdf).

Click here to read EPA's Amicus Brief supporting our position in Headwaters (pdf).

Attorney: Charlie Tebbutt