EPA Plans for Pesticide Permits
The Forest Landowners Association (FLA) has been closely following an issue involving pesticides, herbicides, and the federal government's “regulatory creep” into silviculture.
On February 22, 2010, the United States Supreme Court issued its order denying the Petitions for Certiorari of CropLife, and the American Farm Bureau, who were seeking Supreme Court review of the National Cotton Council of America v. EPA case. In that case, the Sixth Circuit ruled that application of pesticides near or on water was a violation of the Clean Water Act and would thus require a discharge permit.
EPA has until April 2011 to issue the final rules for permitting. The agency is considering a general permit for the few states under federal jurisdiction, and is working with the others to develop their own permits. EPA plans to release a “prototype” permit focusing on mosquito control applications and weed control in lakes and ponds, followed by a proposed general permit for a broader range of applications by spring of this year. Final permit issuance is planned for early spring of 2011. Ultimately, permits could be required for chemical applications on and, perhaps harvesting in, forestland.
FLA plans, in conjunction with allies, to marshal increasing federal regulatory tampering in family forest management.