Court Victory Will Reduce Pesticides Nationwide and Protect Water: Clean Water Act Rollbacks Reversed

Earlier this year, clean water advocates won a victory in court ending a Bush-era rollback that exempted pesticide applications under the Clean Water Act. Toxics Action Center was one of the groups represented in that lawsuit, heard in the Sixth Circuit Court of Appeals. As a result of that decision, pesticide applications that drift directly into water bodies are now subject to Clean Water Act protections, and like all other pollutants dumped directly into water, pesticide applications must now apply for a National Pollutant Discharge Elimination System (NPDES) permit. For aquatic pesticide use in lakes and ponds, aerial spraying, mosquito control and other pesticide uses, this means one more layer of protection, and hopefully a reduction in pesticide use across New England and other parts of the country.

 

The non-profit National Environmental Law Center (NELC) was instrumental in winning the decision and represented Toxics Action Center and other groups. Senior Attorney Josh Krakta said, “After years of turning a blind eye to rampant discharges of pesticides into our lakes, ponds, and wetlands, EPA's new general permit will finally set national standards ensuring public notice of pesticide use, consideration of non-toxic alternatives, and better enforcement of safety restrictions.” 

 

Toxics Action Center has worked for years to protect communities from pesticides that can contaminate water bodies. In Natick, Massachusetts, we worked with residents to successfully prevent the state from dumping pesticides directly into Lake Cochituate, the source of Natick’s drinking water, to kill invasive weeds. In Maine, we worked to stop the largest blueberry growers from the aerial spraying of pesticides, which can drift onto nearby water bodies and onto homes and entire neighborhoods. These communities will now receive more protection under federal law. 

 

Last summer, the U.S. Environmental Protection Agency (EPA) issued a draft permit under the Clean Water Act that will govern pesticide spraying over or near surface waters, and Toxics Action Center helped mobilize groups all across the country to weigh in and make the permit as strong as possible. We urged EPA to require the use of least toxic alternatives, protect drinking water and other sensitive watersheds by restricting pesticide use, strengthen the public’s right-to-know, and increase requirements for water quality monitoring.  If you are concerned about toxic pesticide use in your community, email sylvia@toxicsaction.org.