Energy Environmental Blog

Application of Pesticides Subject to NPDES Permitting

Written by Vorys | Jan 15, 2009 12:47:41 AM

On January 7, 2009, the U.S. Court of Appeals for the Sixth Circuit vacated a final U.S. EPA rule (published on November 27, 2007) by deciding that the U.S. EPA had no authority to exempt the application of pesticides from NPDES permitting.  The Court found that pesticides, even those in compliance with FIFRA, are "pollutants" under the Clean Water Act and require a permit to be discharged to a water of the United States.