The American Farm Bureau Federation has filed a petition with the U.S. Supreme Court, asking the high court to review a lower court ruling that will otherwise impose Clean Water Act permitting requirements on the application of pesticides on, over or near water.
“Allowing the lower court ruling to stand would pose serious challenges to farmers battling pests,” says AFBF President Bob Stallman. “When pests strike, time is of the essence, and any length of time waiting for permit approval for products that are already approved would be disastrous.”
The problem stems from a January 2009 ruling by the U.S. Sixth Circuit Court of Appeals, which struck down a 2006 Environmental Protection Agency (EPA) rule that interpreted the Clean Water Act did not regulate most pesticide applications into, over or near “waters of the United States,” so long as the pesticide use complied with EPA’s requirements (such as EPA-approved label restrictions).
Source: American Farm Bureau Federation