US Farm Groups Request Review Of Pesticide Rule

Posted by Matt Hopkins|13 April 2009

After the US Environmental Protection Agency (EPA) declined to seek a rehearing on a ruling requiring permits for pesticide uses even when applied in compliance with pesticide labeling laws, the American Farm Bureau Federation is asking the full Sixth Circuit Court of Appeals for a review. Farm Bureau President Bob Stallman says farmers shouldn’t need a permit under another law when they’re following the existing law. “We are disappointed that EPA has decided not to seek a legal remedy for this situation,” says Stallman. “The decision made by the three-judge panel in January will complicate farmers’ ability to farm, and raise their expenses without improving the environment.” According to CropLife America Director, External Communications, Susan E. Helmick: “CropLife America’s request for the Sixth Circuit Court’s review of their decision vacating EPA’s 2007 NPDES (National Pollutant Discharge Elimination System) final rule … was filed yesterday, April 9 — noted as the court’s deadline.”

The petition, which was filed jointly with the American Forest and Paper Association, National Cotton Council, Croplife, and others, asks that the court reverse or clarify the decision that reversed an EPA rule that would have exempted certain pesticide applications in, near, or around water from Clean Water Act permit requirements. US Ag Secretary Tom Vilsack stated support for a full rehearing in a recent letter.

EPA has filed a motion asking the court to delay enforcement of the ruling for two years. However, Stallman says the ruling can complicate the effective use of important crop protection tools and obstruct the effective and time-sensitive use of pesticides to combat pests and disease.