01/03/07 EPA pesticide rule challenged

Washington Ag January 3, 2007 Both the crop protection industry and environmental groups are challenging EPA's final rule that clarified when pesticides can be applied without first obtaining a Clean Water Act permit. Environmentalists say the EPA has knowingly violated a court decision in an Oregon case that would have meant fewer pesticides flowing into rivers. Crop protection chemical manufacturers say the new rule doesn't do enough to protect them from unnecessary and costly government regulations. Heather Hansen of Washington Friends of Farms and Forests, a group representing those who believe in the responsible use of pest management tools, agrees with chemical makers that the EPA rule still leaves a lot of gray areas and that the Federal Insecticide, Fungicide and Rodenticide Act alone is sufficient in regulating ag chemical use. Hansen: "If you follow the label and follow all the rules under FIFRA there should not be a need for another additional federal permit on top of that. We think going back to the original lawsuit that sparked this controversy, the Talent decision, the mistake there was that the water was released before it should have been, which again was technically a violation of the label. Follow the label, there shouldn't be problems." Lawsuits have been filed in 11 of the nation's 13 circuit courts including the 9th Circuit which services the Pacific Northwest. I'm Bob Hoff.