The Middle Ground of Pesticide Regulation: Why EPA Should Use a Watershed-Based Permitting Scheme in Its New Aquatic Pesticides Rule

Cook, Kara
May 2010
Ecology Law Quarterly;2010, Vol. 37 Issue 2, p451
Academic Journal
In its en banc decision in National Cotton Council v. EPA, the Sixth Circuit decided that EPA could not exempt pesticide users from the requirements of the Clean Water Act. The court found that persons using pesticides in or near water must apply for a permit under the Clean Water Act, even if the pesticide had been approved for use by EPA under the Federal Insecticide, Fungicide, and Rodenticide Act. EPA must now create a new rule on aquatic pesticide use. This new rule should contain monitoring requirements, public participation, and best available technology standards. The best approach would be a watershed permitting scheme, which concentrates on the regional use of pollutants to balance competing interests. The flexibility of a watershed-based permitting scheme would be particularly useful if agricultural pesticide users are required to apply for Clean Water Act permits.


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