August 12, 2022

Volume XII, Number 224

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Pesticide Bill Would Eliminate Duplicative Permitting

In 2009, a federal court ruling required pesticide users to now apply for a National Pollutant Discharge Elimination System (NPDES) permit, under the Clean Water Act (CWA), if chemicals were sprayed over, near or into a body of water when historically the pesticides were already regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). A recently submitted Senate bill, the Sensible Environmental Protection Act, amends FIFRA and CWA to prohibit the Environmental Protection Agency (EPA) or a state from requiring a permit for a discharge into navigable waters of a pesticide authorized under FIFRA and clarifies the permitting of pesticide applications. The bill would eliminate the need for redundant permits.

© 2022 Varnum LLPNational Law Review, Volume V, Number 264
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About this Author

Aaron M. Phelps, Varnum, litigation attorney
Partner

For over 15 years, Aaron's practice has been focused on complex commercial and environmental litigation - in Michigan and around the country. Aaron has represented clients in contract and corporate governance disputes, telecommunications and energy matters, health care litigation, and tort actions.

Over the last five years, Aaron has represented over 200 companies in lawsuits against Blue Cross Blue Shield of Michigan for ERISA violations. The first trial resulted in a $6 million judgment, and subsequent judgments ranged from $315,000 to over $8 million. Currently...

616-336-6257
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