cwa_fifra

cwa_fifra - Notes on the Clean Water Act and FIFRA The...

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Notes on the Clean Water Act and FIFRA The Clean Water Act passed in 1972. From that time, the EPA never required a permit under NPDES for pesticide applications to water. The regulated community operated under the understanding that permits were not required for pesticide applications as long as they complied with FIFRA. Until… Headwaters Inc. v. Talent Irrigation District (2001) 243 F.3d 526 The Ninth Circuit Court of Appeals held that FIFRA does not preempt the entire field of pesticide regulation, but instead leaves room for regulation via NPDES permitting when the pesticide is a pollutant that is discharged into navigable waters from a point source The court reasons that the two statutes must be read in such a way to give effect to each of them while preserving their sense and purpose. The court determined that a NPDES permit was required for the application of an aquatic herbicide, Magnacide H, to canals for the purposes of weed control. This is required even if the application complied with FIFRA
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cwa_fifra - Notes on the Clean Water Act and FIFRA The...

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