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

Latest News
AGCO RG700 at the 2015 National Farm Machinery Show
EquipmentAGCO Parts Rolls Out No-Interest, No-Payments Offer Via…
October 26, 2016
AGCO Corp. is now offering an innovative financing solution on qualifying Parts and Service transactions. Now through December 31, 2016, Read More
Soybean field
Crop InputsIncotec Invests In North America
October 25, 2016
Leading seed enhancement company Incotec, part of Croda, has announced an investment in their North America business. The total investment of Read More
Patriot 25th anniversary
SprayersCase IH Celebrates 25 Years Of Patriot Sprayers At Bens…
October 24, 2016
Case IH executives, employees and special guests celebrated 25 years of production of Case IH Patriot sprayers in a special Read More
4r Nutrient stewardship
StewardshipNominations For The 4R Advocate Program Due October 31
October 24, 2016
Nominations for the 4R Advocate program are due to The Fertilizer Institute by October 31, 2016. The program recognizes agricultural Read More
Corn close up
Eric SfiligojProtecting Agriculture’s Ability To Feed The World
October 24, 2016
The rate of change coming to agriculture is growing, and will continue to do so for the foreseeable future. This Read More
Student Young Worker CHS
CropLife 100CHS Supports #FirstJob Compact
October 24, 2016
CHS joins the White House and many of the country’s largest employers in signing a new initiative centered on helping Read More
Kennebec Grain terminal
CropLife 100Wheat Growers Kennebec Facility Loads First Rail Cars
October 21, 2016
In a season of firsts for Wheat Growers’ Kennebec Grain Terminal, the first 115-car unit train was loaded with soybeans Read More
ManagementThe Latest Dow-DuPont Rumor, Product of the Year Voting…
October 20, 2016
CropLife Editor Eric Sfiligoj shares a new rumor about the Dow-DuPont merger and updates on two CropLife-driven programs, the CropLife Read More
Soybean Closeup
FungicidesFMC Begins Registration Process For New Fungicide Activ…
October 19, 2016
FMC Agricultural Solutions has begun the joint U.S. EPA and Canadian Pest Management Regulatory Agency registration process for bixafen, a new Read More
Soil Young Corn
Industry NewsAgribusiness Search Firm Appoints New Managing Partner
October 18, 2016
Morris Bixby Group, a leading agribusiness search firm providing the highest quality professional recruiting and career advancement services since 2000, Read More
Wheat Field North Dakota
FertilizerUnited Suppliers Acquires Kansas Fertilizer Business
October 17, 2016
United Suppliers, Inc. has purchased the assets of Evans Enterprises, LLC, an ammonium chloride fertilizer business based in Olathe, KS. Read More
Corn Field
Industry NewsFMC Launches New Operations In Argentina, Exits Joint V…
October 17, 2016
FMC Corp. has exited its joint venture with Ruralco Soluciones S.A. FMC has launched new commercial operations, FMC Quimica S.A., Read More
Dow AgroSciences
InsecticidesRenewed Registration Issued For Products Containing Sul…
October 17, 2016
On October 14, 2016, the U.S. EPA re-established the registration of products containing sulfoxaflor (Isoclast Active), including Transform WG, Closer Read More
Eric SfiligojThe Whys Of Agriculture
October 17, 2016
During 2016, there have been myriad challenges facing the whole agricultural industry. Such wide ranging issues as water protection, sustainable Read More
Young Corn Field
FertilizerImproved Phosphorus Management Essential To Feeding Wor…
October 14, 2016
With a global population expected to reach 9 billion people by 2050, improved management of key essential nutrients such as Read More
ManagementHarvest and Crop Price Updates; EPA and Crop Protection…
October 13, 2016
Glyphosate and atrazine get public comment support from ARA as each is reviewed by EPA, and the latest on the Read More
Matt Hopkins15 Twitter Accounts Every Ag Professional Must Follow
October 13, 2016
What do singer Katy Perry and the President of the United States have in common? They are two of the Read More
Corn Field
Industry NewsArysta LifeScience Adds Two Key Account Managers
October 13, 2016
Arysta LifeScience North America recently announced the addition of two key account managers: Doug Hoberty and Rob Wier. Hoberty and Read More