National Cotton Council v. EPA and NPDES Permits

Since the passage of the Clean Water Act in 1972, any entity that disposes pollutants into navigational waters must first obtain a National Pollutant Discharge Elimination System (NPDES) permit.  Prior to the 6th Circuit court’s decision in National Cotton Council v. EPA, the EPA released a rule to clarify that certain aquatic application of pesticides would not require a NPDES permit.  The court, however, found that the disposal of pesticides into, over or near water would require an NPDES permit. The court stated that if a pesticide leaves any excess or residual particles behind after completing its intended purpose, it is a pollutant as defined in the Clean Water Act.  Our speakers discuss the merits of the case and the legal and constitutional implications of the court’s decision.

Featuring:

• Mr. Charles Tebbutt, Western Environmental Law Center
• Ms. Ellen Steen, Crowell & Moring
• Moderator: Mr. Doug Nelson, CropLife America