The more recent history has been that in January 2009, the 6th Circuit Court of Appeals overturned a 2006 EPA rule which specifically exempted permitting of certain pesticide applications from the CWA.

In National Cotton Council of America, et al., v. United States Environmental Protection Agency the court ruled EPA did not have the authority under the CWA to exempt application of pesticides. The Court’s decision marks a pre-emption of FIFRA by the CWA for the first time in the history of either statute.

Chairman Peterson’s bill would make clear that producers who are in compliance with the requirements of FIFRA are not subject to Clean Water Act permits, the committee press release said.

“The 6th Circuit decision overturned decades of policy and practice with regard to the sufficiency of FIFRA regulation,” Peterson said. “This legislation will make clear that Congress never intended for farmers and ranchers to meet additional permit requirements for pesticide applications under FIFRA.”