EPA Issues Stay on Permitting

Ruling postpones decision on chemical application permitting for two years.

Monday the Sixth Circuit Court of Appeals granted the EPA's motion to stay the mandate, in effect postponing a controversial decision made earlier that any chemical application would require a permit. The motion to stay postpones a decision until April 9, 2011, giving the EPA time to develop, propose, and issue permitting procedures.


In April, the agency notified all groups that it would not request rehearing and would simply request the courts to stay the mandate, giving them time to develop a plan of action. This mandate requires that "any chemical pesticide applications in and over, including near, waters of the U.S. that leave a residue or excess in water, and all biological pesticide applications that are made in or over, including near, waters of the U.S." require Clean Water Act permits.


EPA estimates that the ruling will affect approximately 365,000 pesticide applicators that perform 5.6 million pesticide applications annually.

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