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
Retail FacilitiesBuilding Up Ag Retail
July 1, 2015
In the oftentimes unpredictable world we live in, it’s nice to know some things can be reliably countered on to Read More
Crop InputsIndiana NRCS Unveils Interim Gypsum Practice Standard
June 22, 2015
Indiana farmers wishing to use gypsum to improve soil quality as part of on-farm conservation programs now have access to Read More
Raven Viper 4
Precision AgPrecision Agriculture: In-Cab Computing Adds More Customization, Functionality
June 3, 2015
In terms of in-cab computing solutions for the agriculture market, companies like Case IH, Topcon, Trimble, John Deere and Raven Read More
Retailers
Precision AgThe Human Element Of Precision Agriculture
June 1, 2015
Editor’s note: The 17th Precision Agriculture Survey was completed with partnerships among the departments of Agricultural Economics and Agronomy at Read More
Top 100 Articles
Milan Kucerak, president/CEO, West Central
CropLife 100West Central Cooperative And Its New President Are A Match Made In Deviation
June 29, 2015
To appreciate just how unique West Central Cooperative is in the world of ag retail, an observer need only consider Read More
Winter Wheat
CropLife 100South Dakota Co-op Member Owners Vote No On Unification
June 26, 2015
The Boards of Directors for North Central Farmers Elevator (NCFE) and Wheat Growers (WG) have announced that member-owners have voted Read More
CropLife 100The Andersons Acquires South Dakota Plant Nutrient Manufacturer Kay-Flo
May 20, 2015
The Andersons, Inc., ranked No. 22 on the CropLife 100, has purchased Kay Flo Industries of North Sioux City, SD. “This Read More
CropLife 100AgGateway’s Barcoding Initiative Progressing Nicely
May 8, 2015
According to legend (or Wikipedia), the first step towards modern bar codes came back in 1948, when Bernard Silver, a Read More
CropLife 100Pinnacle Agriculture Acquires Minnesota Retailer
April 14, 2015
Pinnacle Agriculture Holdings, LLC, ranked No. 6 on the CropLife 100,  has successfully acquired Liebl Ag, LLC in Ada, MN.  Read More
CropLife 100CHS, Aurora Cooperative Complete Fertilizer Storage, Grain Shuttle Loading Facility
April 13, 2015
CHS Inc., the nation’s leading cooperative and ranked No. 5 on the CropLife 100, and Aurora Cooperative (ranked No. 21) Read More
Latest News
Agworld Apple Watch Farm Management
EquipmentAussie Data Management Software Company Making Its Mark…
July 4, 2015
Zach Sheely, vice president of sales and operations, says that several large, well-known U.S. cooperatives (Stanislaus Farm Supply, Wilco-Winfield and Read More
Topcon AGI-4 on MF Planter
EquipmentAutosteer: Compatibility, Accuracy Remain Top Of Mind
July 3, 2015
The world of automatic steering solutions in agriculture has evolved rapidly in the last few years. From after-market add-ons that Read More
ManagementUnited Suppliers/Land ‘O Lakes Merger & Crop Update
July 2, 2015
CropLife’s Paul Schrimpf and Eric Sfiligoj talk about the reasons behind the United Suppliers/Land ‘O Lakes merger and USDA’s recent Read More
Industry NewsBioSafe Adds To Sales Force
July 2, 2015
BioSafe Systems has announced the hire of two new members for its service team. David Britt recently joined the team Read More
Chesapeake Bay
ManagementChesapeake Bay Clean-Up Gets Renewed Attention
July 2, 2015
The Chesapeake Bay has been called one of the most biologically productive ecosystems in the world. It’s also one of Read More
Measuring Bulk Tanks
ManagementBulk Pesticide Compliance: Top 10 Areas Of Improvement …
July 1, 2015
  In honor of the 33-year run of David Letterman’s Late Show, the American Agronomic Stewardship Alliance (AASA) is happy Read More
Industry NewsArysta North America Hires Midwest Sales Manager
July 1, 2015
Arysta LifeScience North America recently announced the hiring of Brian Battles as the Senior Technical Sales Manager for the Midwest Read More
Farmer on tablet
Eric SfiligojThe Never-Ending Battle Against Modern Agriculture
July 1, 2015
In the world of comic books, the character of Superman often refers to the fight to save the world as Read More
Retail FacilitiesBuilding Up Ag Retail
July 1, 2015
In the oftentimes unpredictable world we live in, it’s nice to know some things can be reliably countered on to Read More
Retail FacilitiesMaple River Grain And Agronomy Phases In Site Developme…
July 1, 2015
Marcus Construction helped Maple River Grain and Agronomy in Casselton, ND, with the design-build of its dry fertilizer, liquid chemical/seed Read More
Retail FacilitiesA&B Welding Builds A New Liquid Terminal Hub For Br…
July 1, 2015
To build its new hub facility, Briggs Crop Nutrients enlisted the help of A&B Welding. The result, an efficient facility Read More
Edon Farmers Co-op
Retail FacilitiesNew Marcus Facility At Edon Farmers Co-op Provides More…
July 1, 2015
Edon Farmers Co-Op in Edon, OH, needed a new facility to consolidate outdated locations. Marcus Construction was able to design Read More
Retail FacilitiesKinder Morgan Expands Its Storage With A New Dome Barre…
July 1, 2015
Kinder Morgan wanted additional covered storage at its Dakota Bulk Terminal on the Mississippi River in St. Paul, MN. With Read More
Retail FacilitiesHeartland Tank Protects Fertilizer From Extreme Cold At…
July 1, 2015
The Arthur Companies in Harvey, ND, enlisted the help of Heartland Tank Companies to develop a new liquid fertilizer facility Read More
The McGregor Co. fertilizer loadout
Retail FacilitiesThe McGregor Co. Partners With Kahler Automation To Cre…
June 30, 2015
Kahler Automation helped The McGregor Co. expand its Clarkston, WA, operation with unstaffed loadout technology that enables customers to pick Read More
Dry and Liquid Plant
Retail FacilitiesKahler Automation Helps CHS Dakota Ag Cooperative Build…
June 30, 2015
CHS Dakota Ag Cooperative in Mooreton, ND, wanted a liquid/dry blender system that could meet the needs of its customers Read More
Crop InputsLand O’Lakes, United Suppliers To Merge Crop Inpu…
June 29, 2015
Land O’Lakes, Inc. and United Suppliers, Inc. of Ames, IA, today announced their intent to merge their crop inputs businesses. Read More
FungicidesHelena To Distribute Unique Summit Agro Fungicide
June 29, 2015
RANMAN 400 SC fungicide, the only fungicide with a FRAC group 21 designation, is now part of the innovative Summit Read More