American Farm Bureau Federation (AFBF), National Association of Wheat Growers (NAWG) and approximately twenty other agricultural organizations asked the full Sixth Circuit Court of Appeals to review the decision in National Cotton Council v. EPA, 553 F.3d 927 (6th Cir. 2009). The decision in the landmark case would require a permit for pesticide uses, even if they are applied in compliance with pesticide labeling laws. EPA is not asking the Sixth Circuit to review the decision, only to stay its enforcement by 2 years so that EPA will have time to draft regulations to implement the decision.The ruling as it stands would have significant impacts on agricultural producers, according to AFBF. Bob Stallman, AFBF President had this to say:
Farmers should not need a permit under another law when they already are following an existing law. We are disappointed that EPA has decided not to seek a legal remedy for this situation. The decision made by the three-judge panel in January will complicate farmers’ ability to farm, and raise their expenses without improving the environment.For more background information on the case as it progressed, visit FarmPolicy.com.
To read more about the story, visit the Oklahoma Farm Report.
To read the Sixth Circuit Court of Appeals decision, click here.
Posted: 04/13/09