Litigation over the EPA’s NPDES Pesticide General Permit (PGP) has surfaced in California. The Center for Biological Diversity (CBD) filed a lawsuit against the EPA (No. 21-71306) with the U.S. Court of Appeals for the 9th Circuit last October. The CBD is raising unspecified violations of the Clean Water Act and the EPA’s failure to properly consult with other federal agencies enforcing the Endangered Species Act. The 9th Circuit directed the parties to explore mediation. The appeals court also established a briefing schedule and agreed to pause scheduling a court date until July 29 while the parties worked with a mediator. A status report was due June 13 to the mediator but has not been entered in court.
This lawsuit would only affect the federal PGP administered by the EPA in Massachusetts, New Hampshire, New Mexico, the District of Columbia and U.S. territories (except the Virgin Islands) and on certain federal facilities and tribal lands. It does not affect state-issued PGPs.
NAAA has advocated for legislation amending the Clean Water Act to not require pesticides approved for water safety under the Federal Insecticide, Fungicide and Rodenticide Act from complying with NPDES permits due to its duplicative nature. With the farm bill expiring next year, NAAA will advocate for such legislation again.
NAAA will report on further developments as they occur.
 filed a
lawsuit against the EPA with the U.S. Court of Appeals
for the 9th Circuit last October. The CBD is raising unspecified
violations of the Clean Water Act and the EPA’s failure to properly
consult with other federal agencies enforcing the Endangered Species
Act. The 9th Circuit directed the parties to explore mediation.){kind=small}
