The National Cotton Council of America, et al. v. United States Environmental Protection Agency, 553 F.3d 927 (6th Cir. 2009)

(EPA’s final rule providing that pesticides applied in accordance with FIFRA are exempt from the Clean Water Act’s permitting requirements held to be unreasonable interpretations of CWA because EPA exceeded its authority under CWA when it issued rule that excluded pesticides from definition of “pollutant”; plain language of “chemical waste” and “biological materials” was unambiguous as to pesticides; under CWA pesticide residue or excess pesticide was a pollutant discharged from a point source because the pollutant was introduced into a water from the outside world by the pesticide applicator from a point source).

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