SIXTH CIRCUIT GRANTS EPA REQUEST FOR TWO-YEAR STAY
May 2009. The 6th Circuit Court of Appeals has granted a motion made by the EPA to stay the Court's decision in NCC v. EPA for two years -- until April 9, 2011. EPA asked for the stay indicating it needed time to develop a permitting process that could comply with the original ruling of the 6th Circuit.
In the original decision in National Cotton Council of Amer. V. EPA, No. 06-4630 (Jan. 7, 2009), the 6th Circuit struck down a regulatory exemption for pesticides under the Clean Water Act, holding that agricultural pesticide applications were subject to the Clean Water Act and could require permitting as a point source for water pollution. Agricultural and crop protection advocates have requested an en banc rehearing of the original 6th Circuit decision. EPA had not joined in the rehearing request but had, instead, asked for a stay from the original decision. The 6th Circuit is expected to still consider the en banc hearing requests.