Corngrowers concerned about new pesticide regs

Since the Clean Water Act was passed in the early 1970s, the Environmental Protection Agency has interpreted the law to exclude lawful pesticide applications regulated under the Federal Insecticide, Fungicide and Rodenticide Act from National Pollutant Discharge Elimination System permits. But early in 2009, the Sixth Circuit Court of Appeals ruled the permits are necessary for the application of pesticides. The National Corn Growers Association sees this as a game changer that would impact any grower that uses pesticides. “In the past, you knew if you were applying a pesticide according to the label language you were in compliance with federal pesticide law,” said NCGA Director of Public Policy Rod Snyder. “At this point, with additional Clean Water Act requirements and the possibility of citizen suits under that act should a pesticide happen to reach a body of water, even a ditch or a puddle, you have a secondary layer of regulations with potential legal vulnerabilities that you did not have before.” The citizen action suit provisions within the Clean Water Act are a major concern for NCGA. This interpretation of the law would require permits for pesticide usage. These provisions also make it possible for activist groups to directly sue farmers should they feel that there is a breach of a permit or a permit was not applied for at the agency. This would provide ample opportunities for lawsuits attacking farmers in the courts...more

When Mother Nature and Mother Obama both hit you at the same time, it ain't a pretty sight to see.