Regulatory Developments

July 2001

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Application of Aquatic Pesticides: State and Federal Regulators Continue Work to Soften Impacts of the "Talent" Decision

In response to the Ninth Circuit's decision on March 12, 2001, in Headwaters, Inc. v. Talent Irrigation District ___F.3d___,(9th Cir.,March 12,2001), the California State Water Resources Control Board (SWRCB) continues work on a state-wide general NPDES permit to cover the application of aquatic pesticides by public agencies and the Federal Environmental Protection Agency (EPA) has commented that neither it nor the states to which the NPDES program has been delegated have routinely required such permits in the past.