JUDICIAL DEVELOPMENTS

November 2005

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Ninth Circuit Holds Application of Pesticides to a River Does Not Require a NPDES Permit
Fairhurst v. Hagener, ___ F.3d ___

The U.S. Court of Appeals for the Ninth Circuit recently held that a chemical pesticide that is applied intentionally, in accordance with a Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) label, and with no residue or unintended effect, is not a “waste” and consequently not a “pollutant” within the meaning of the Clean Water Act (CWA). As a result, the court concluded, a party who applies such a pesticide is not obliged to obtain a National Pollutant Discharge Elimination System (NPDES) under the CWA.