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Court: Pesticides Cannot be Exempted

The 6th Circuit Court of Appeals on Wednesday issued a rebuke against a 2006 rule that exempted certain commercial pesticide applications from the federal oversight under the Clean Water Act. The Ohio-based federal court held that pesticide residuals and biological pesticides constitute pollutants under federal law and therefore must be regulated under the Clean Water Act to minimize the impact to human health and the environment.

Several manufacturers and industry associations had joined the case in an attempt to broaden the EPA's 2006 exemption. According to a release by the Western Environmental Law center, the court "told them in no uncertain terms that their products are harmful to human health and the environment, and therefore the [agency] must regulate aquatic pesticide applications under the Clean Water Act."

The decision will mean all commercial pesticide applications near waterways will require NPDES permits.

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