RECENT FEDERAL DECISIONS

July 2005

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District Court in New York Finds Pesticide Spray Particles Released over Water Are Pollutants under the Clean Water Act
No Spray Coalition, Inc. v. The City of New York, ___F.Supp.2d___

The U.S. District Court for the Southern District of New York has held pesticides sprayed over navigable waters are pollutants if discharged without serving their authorized purpose of killing mosquitoes on land. Moreover, if Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) does not authorize spraying pesticides over water, then Clean Water Act (CWA) authorization is required.