ND Department of Agriculture Press Releases

FOR IMMEDIATE RELEASE APRIL 15, 2009

GOEHRING DISAPPOINTED BY EPA STANCE IN COURT CASE

BISMARCK – Agriculture Commissioner Doug Goehring said he is disappointed by the U.S. Environmental Protection Agency’s decision not to seek a rehearing in a lawsuit over the Clean Water Act (CWA), saying the court’s ruling will likely put an unnecessary burden on North Dakota farmers.

“The Sixth Circuit U.S. Court of Appeals ruled that pesticides can be considered pollutants under the CWA,” Goehring said. “If that ruling stands, pesticide users would need a National Pollutant Discharge Elimination System (NPDES) permit before using pesticides in certain situations, even if they comply with the product labeling and other provisions of the federal pesticide law.”

In a letter to Lisa Jackson, EPA administrator, Goehring expressed his concern over EPA’s decision not to ask for a rehearing in National Cotton Council v U.S. EPA, which centers on whether or not a user must get a CWA permit to apply pesticides on or near surface water.

“Pesticides are commonly used on or near surface water in North Dakota,” he said. “Herbicides are used to manage noxious weeds in riparian areas and to manage habitat for threatened and endangered species, and insecticides are used to control mosquitoes on or near standing water.”

Goehring said he is particularly concerned by the possibility that North Dakota farmers would be especially impacted by the ruling, since pesticides are commonly used near prairie potholes that cover much of the state.

“Potholes could be regulated under the CWA if a bill now before Congress passes,” he said. “The bill removes the word ‘navigable’ from the CWA, meaning prairie potholes and other non-navigable waters would be treated the same as navigable waters.”

Goehring said it could take months for farmers to obtain NPDES permits meaning producers may be unable to manage pests in a timely manner, and that in any case, pesticide use is adequately regulated by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

“Since pesticides are thoroughly evaluated for their potential impacts on human health and the environment during the registration process, pesticides should not impair surface water if they are used according to the labeling,” he said.

Goehring said he is disappointed that the EPA did not immediately ask for a rehearing, especially since numerous stakeholders, such as the National Association of State Departments of Agriculture (NASDA), urged the agency to submit a rehearing petition.

“Instead, EPA simply asked the court to stay the mandate of the ruling for two years,” Goehring said. “If the court refuses and orders immediate compliance, it would be a big concern for ag producers.”

-30-

MEDIA: For more information, please call Ted Quanrud at (701) 328-2233 or tquanrud@nd.gov or Patrice Lahlum at (701) 239-7210 or plahlum@nd.gov.