In retaliation for our 2001 victory in Headwaters v. Talent Irrigation District, the pesticide industry asked EPA to exempt certain types of aquatic applications and aerial applications of pesticides from the Clean Water Act.  EPA, with a Alice In Wonderland reasoning, seeks to exclude pesticides from the definition of “pollutant” under the Clean Water Act.  It argues that when the pesticides are applied from point sources they are not pollutants but chemicals intended for use and when they remain in the water after fulfilling their intended use they then become pollutants – but get this --  then they are non-point source pollutants and thus exempt from National Pollutant Discharge Elimination System ("NPDES") permitting.  This absurd reasoning contravenes the Clean Water Act and previous positions taken by EPA, including in an amicus brief filed by EPA in the Headwaters case.  The pesticide industry filed challenges, even though they got exactly what they asked for, in 7 appellate circuits.

Click here to see the 9th Circuit Decision.

Attorney: Charlie Tebbutt