Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?

Claudia Copeland

Jan. 2005 · DIANE Publishing

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This report provides background on the emerging conflict over interpretation and implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA). For the more than 30 years since they were enacted, there has been little apparent conflict between them. But their relationship has recently been challenged in several arenas, including the federal courts and regulatory proceedings of the Environmental Protection Agency (EPA). In this report, a brief discussion of the two laws is followed by a review of the major litigation of interest. EPAs efforts to clarify its policy in this area, including a regulation issued in November 2006, are discussed, as well as possible options for EPA and Congress to address the issues further.