For Immediate Release
Conservationists’ Win Upheld in Nat’l Cotton Council v. EPA
6th Circuit denies pesticide industry’s request for rehearing.
CINCINNATI - The 6th Circuit today issued an order denying the pesticide industry's petition for rehearing in National Cotton Council v. EPA, No. 06-4630. The order effectively upholds the Court's earlier finding that pesticide residuals and biological pesticides constitute pollutants under the Clean Water Act.
Pesticide applications to, over or near water will now require National Pollutant Discharge Elimination System (NPDES) permits. The NPDES permits will allow for local citizen input and require the regulatory agencies to evaluate effects on fish and wildlife from individual applications and require monitoring to know exactly how much pesticide is staying in our nation's waters and affecting aquatic organisms.
"We look forward to making sure that the EPA and state permitting processes will protect people and increase protections for clean water, fish and wildlife" declared Charlie Tebbutt, Western Environmental Law Center attorney and lead counsel for the environmental organizations and organic farm that challenged the rule. "We sincerely hope that the pesticide producers and users will now accept the ruling and move to safer and more effective means of dealing with pests," continued Tebbutt.
The organizations bringing the case include Baykeeper, National Center for Conservation Science and Policy, Oregon Wild, Saint John's Organic Farm, Californians for Alternatives to Toxics, California Sportfishing Protection Alliance, Waterkeeper Alliance, Environment Maine, Toxics Action Center, Peconic Baykeeper and Soundkeeper.
The organizations are represented by the Western Environmental Law Center, the National Environmental Law Center, the Pace Environmental Litigation Clinic, the Columbia Environmental Law Clinic and Waterkeeper Alliance.