National Cotton Council ruling stayed

In National Cotton Council v. EPA, the Sixth Circuit in January overturned an EPA rule exempting pesticides applied in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) from the Clean Water Act’s permitting requirements. On EPA’s request, the court has now stayed the effect of that ruling until April 9, 2011, giving the agency time to develop a national NPDES permit for pesticide application to or over water. Beveridge and Diamond posted this analysis of the stay request in April when it was filed.

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