Crop Protection Permit Ruling Appealed

Last week we told you about a number of agricultural groups, including CropLife America, appealing a three-judge ruling that would require permits for crop protection product uses even if they are applied in compliance with labeling laws. This week, we learned that at least one organization specifically stated its disappointment in EPA’s stance.

The ag organizations have asked the full Sixth Circuit Court of Appeals to review the three-judge ruling. In the case of the National Cotton Council v. EPA, the panel reversed an EPA rule that would have clarified that Clean Water Act permits are not required for pesticides application near waters as long as the application complies with pesticide labeling laws.

This decision could lead to additional needless regulations on the use of crop protection tools, according to the American Farm Bureau Federation (AFBF). Because of the potential impacts, AFBF has expressed disappointment that EPA has stated it will not seek a rehearing on the matter. EPA is instead requesting a delay of two years before the new permits for legal, label-approved applications would be required.

In its press release, CropLife America says the January decision did agree with EPA that not all pesticides should be considered pollutants, but the panel declined to follow previous court rulings which determined that miniscule pesticide residues in water are a natural consequence of the use of the pesticides for the purposes for which they were approved by EPA.

The “general permits” referenced by the panel’s January decision could take months or perhaps years to develop, says Jay Vroom, CropLife America president and CEO. They are especially vulnerable to possible litigation for which applicators and growers, not product registrants, could be held responsible.

Other industry petitioners include the National Cotton Council, the National Agricultural Aviation Association, and the American Forest & Paper Association.

Additionally, Secretary of Agriculture Tom Vilsack, House Agriculture Committee Chairman Collin Peterson and Ranking Member Frank Lucus, Senate Agriculture Committee Chairman Tom Harkin and Ranking Member Saxby Chambliss are encouraging EPA Administrator Lisa Jackson to seek a rehearing, according to the Agricultural Retailers Association (ARA). Furthermore, groups such as the Weed Science Society of America also are asking EPA to request a rehearing of the court decision.

The Association of State and Interstate Water Pollution Control Administrators has asked EPA to seek the delay in implementing the court order, ARA adds. EPA says that even though the Department of Justice and EPA will not seek to reverse the Sixth Circuit ruling, it will ask the court to stay implementation so that EPA can work with state water programs to develop their permits and provide outreach and education on the issue.

(Sources: CropLife America; Agricultural Retailers Association; American Farm Bureau Federation)

Leave a Reply

Featured Stories
Spreaders17 Fertilizer Spreaders For 2015
March 25, 2015
Manufacturers shoot for versatility and accuracy in this year's crop of fertilizer spreaders. Read More
Crop InputsWorld Health Organization Report Contradicts Scientific Findings On Glyphosate
March 23, 2015
A new report from the World Health Organization has classified glyphosate with a “2A” rating as a probable carcinogen, a Read More
HerbicidesMARCH MADNESS: Industry Rallies Around Glyphosate Safety Amid Troubling Report
March 20, 2015
A newly published report from the International Agency for Research on Cancer (IARC) classifies the herbicide glyphosate as a "2A-rated possible carcinogen" and the ag industry responds by circling the wagons. Read More
Chuck Gates, Ohio CCA of the Year
ManagementOABA Honors 2015 Certified Crop Adviser Of The Year
March 16, 2015
Chuck Gates, of Tiffin, OH, has been named the 2015 Certified Crop Adviser of the Year by the Ohio Certified Crop Adviser Board and will receive $1,500 provided by DuPont Pioneer. Read More
Top 100 Articles
CropLife 100BRANDT Commemorates National Ag Day
March 20, 2015
The Illinois agriculture community gathered at BRANDT global headquarters on March 18 to celebrate National Ag Day behind this year's theme Sustaining Future Generations. Read More
Wheat Growers, North Central Farmers Elevator Pursue Merger
CropLife 100Wheat Growers, North Central Farmers Elevator Pursue Merger
March 3, 2015
Two CropLife 100 retailers — South Dakota Wheat Growers (ranked No. 11) and North Central Farmers Elevator (No. 19) — have entered into a Letter of Intent to unify the two companies into a newly named cooperative. Read More
Growmark Group
CropLife 100GROWMARK In 2015: Back, To The Future
March 2, 2015
The nation’s third largest ag retail organization is simultaneously moving forward while remembering its past. Read More
CropLife 100Pinnacle Expands Sanders Brand In The South
February 27, 2015
Pinnacle has acquired Hopkins Seed and Chemical in Qulin, MO, which expands the company's Sanders brand to nine Southern states. Read More
CropLife 100Pinnacle Launches New Providence Agriculture Location In Indiana
February 27, 2015
Pinnacle Agriculture Holdings — ranked No. 6 on the CropLife 100 — has established a new retail location in New Castle, IN, which will operate as part of Pinnacle's Providence Agriculture brand. Read More
Carl Casale of CHS
CropLife 100Cooperative CHS Returns $518 Million To Owners
February 23, 2015
The 2015 cash return to owners is based on CHS net income of $1.1 billion, the company's second highest on record. Read More
Latest News
Young corn plants
Stewardship4R Nutrient Stewardship Summit Coming To DC
March 30, 2015
The annual 4R Nutrient Stewardship Summit will be held on May 12 in Washington DC. The summit will include a full Read More
FungicidesSyngenta Suing Willowood Over Azoxystrobin Fungicide
March 27, 2015
Syngenta announced today that it has sued agrochemical maker Willowood, LLC., for patent and copyright infringement, as well as unfair Read More
ManagementRetail Week: The Future Of Mycogen Seeds; The 4Rs At Na…
March 27, 2015
Editors Eric Sfiligoj and Matt Hopkins discuss recent trips, including a look at the future of Mycogen Seeds at Dow Read More
Eric SfiligojMonsanto Hears The WHO
March 27, 2015
Another challenge to the safety of glyphosate, and the responses from supporters and opponents, calls to mind a classic Dr. Seuss story. Read More
Industry NewsMonty’s Plant Food Expands Sales Team
March 27, 2015
Monty’s Plant Food Company, a leader in natural soil enhancement and  plant fertility products, has hired Andrew Bullock as a Read More
Crop InputsSyngenta Louisiana Plant Poised For 2015 Production
March 26, 2015
As the 2015 planting season gets underway, growers across the country will need crop protection products to combat pests and Read More
Lake Erie Nutrient Stewardship
LegislationOhio Lawmakers Finalize Phosphorus Restrictions
March 25, 2015
State lawmakers on Wednesday finalized new rules designed to curb toxic algal blooms on Lake Erie, calling the regulations a major step forward in addressing the problem. Read More
Spreaders17 Fertilizer Spreaders For 2015
March 25, 2015
Manufacturers shoot for versatility and accuracy in this year's crop of fertilizer spreaders. Read More
Industry NewsMonty’s Hires Mid-South Product Consultant
March 25, 2015
Monty's Plant Food Co. has hired Matt Woodring as a Product Consultant for portions of Central Kentucky and Tennessee.    Read More
StewardshipMapShots Integrates With DriftWatch
March 23, 2015
Growers and agricultural providers using AgStudio FARM and AgStudio PRO can now view vital information about specialty crops and apiaries through a recent integration with the DriftWatch Specialty Crop Site Registry from FieldWatch, Inc. Read More
Crop InputsWorld Health Organization Report Contradicts Scientific…
March 23, 2015
A new report from the World Health Organization has classified glyphosate with a “2A” rating as a probable carcinogen, a Read More
Eric SfiligojSeed Treatment Stays Necessary
March 20, 2015
Grower-customers looking to scale back spending in 2015 won’t consider seed treatment, say experts. Read More
HerbicidesMARCH MADNESS: Industry Rallies Around Glyphosate Safet…
March 20, 2015
A newly published report from the International Agency for Research on Cancer (IARC) classifies the herbicide glyphosate as a "2A-rated possible carcinogen" and the ag industry responds by circling the wagons. Read More
ManagementRetail Week: Precision survey, a technology acquisition…
March 20, 2015
Editors Paul Schrimpf and Eric Sflilgoj discuss recent travel, the upcoming precision adoption survey, and an unusual sighting at a Read More
CropLife 100BRANDT Commemorates National Ag Day
March 20, 2015
The Illinois agriculture community gathered at BRANDT global headquarters on March 18 to celebrate National Ag Day behind this year's theme Sustaining Future Generations. Read More
Crop InputsBioSafe Launching TerraGrow Soil Inoculant
March 20, 2015
TerraGrow is a blend of beneficial bacterial and fungal spores and nutrients carefully designed to promote healthier soil and crops. Read More
Winter Wheat
AdjuvantsMax Systems Debuts New Adjuvant NanoRevolution 2.0
March 18, 2015
Added to a tank mix of glyphosate at the conservative rate of two to four ounces per acre, NanoRevolution 2.0 has proven effective in killing resistant weed species that had already had up to two applications of the leading glyphosate product. Read More
Photo credit: United Soybean Board/the Soybean Checkoff
Seed/BiotechAgnition Launches Microbial Catalyst Seed Treatment
March 18, 2015
Agnition it has launched Commence for Soybeans, a microbial catalyst seed treatment for soybeans that stimulates microbial activity for healthier soil and a superior growth environment. Read More