National Cotton Council v. EPA and NPDES Permits - Podcast
Environmental Law & Property Rights Practice Group
October 22, 2009Charles Tebbutt, Ellen Steen, Douglas T. Nelson
To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.
National Cotton Council v. EPA and NPDES Permits 10-22-09 - MP3
Running Time: 01:02:06
Since the passage of the Clean Water Act in 1972, any entity that disposes pollutants into navigational waters must first obtain a National Pollutant Discharge Elimination System (NPDES) permit. Prior to the 6th Circuit court’s decision in National Cotton Council v. EPA, the EPA released a rule to clarify that certain aquatic application of pesticides would not require a NPDES permit. The court, however, found that the disposal of pesticides into, over or near water would require an NPDES permit. The court stated that if a pesticide leaves any excess or residual particles behind after completing its intended purpose, it is a pollutant as defined in the Clean Water Act. Our speakers discuss the merits of the case and the legal and constitutional implications of the court’s decision.
- Mr. Charles Tebbutt, Western Environmental Law Center
- Ms. Ellen Steen, Crowell & Moring
- Moderator: Mr. Doug Nelson, CropLife America