As a result, many beneficial pest control activities necessary to maintaining the health and welfare of Americans could be subjected to lawsuits from activists claiming that the use of pesticides is prohibited under the CWA unless authorized by an NPDES permit; of great concern to mosquito control officials, farmers, and pest managers for forests, waterways, parks and numerous other situations.

“Congress has never intended for the intersection of the CWA and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA),” said Beau Greenwood, executive vice president of CLA. “With an overwhelming bipartisan and bicameral majority supporting H.R. 872, it is disappointing that states and pesticide users will now be subject to duplicative regulation with no environmental benefit.”

Greenwood said states will now be forced to implement and enforce duplicative regulations of pesticides, and divert limited resources from programs with an environmental benefit to a burdensome paperwork requirement for certain aquatic pesticide applications.

CLA believes that H.R. 872 represents a responsible resolution to the court’s erroneous ruling in NCC v. EPA and will continue to push for its enactment while working closely with the states and all stakeholders impacted by the court’s ruling to minimize the practical burden on state agencies and pesticide users as they carry out their responsibilities and efforts to ensure public health.

“We appreciate the efforts of a vast majority of current Senators of both political parties who have indicated their support for the legislation as well as the efforts of those at the state level and the EPA throughout the process of developing the pesticide general permit and the transparency which has allowed for broad stakeholder input,” said Greenwood. “Nevertheless, we remain determined to enact a responsible resolution in an effort to avoid duplicative and burdensome regulation.”