CropLife America (CLA) expressed disappointment that the stay of the Sixth Circuit Court of Appeals’ January 2009 ruling in National Cotton Council, et al. v. EPA has expired without enactment of H.R. 872.

The legislation, which enjoys broad bipartisan and bicameral support, would clarify that Clean Water Act (CWA) permits are not required for certain pesticide applications.

Instead, the Court’s ruling, which vacated the Environmental Protection Agency’s (EPA) 2006 National Pollutant Discharge Elimination System (NPDES) Final Rule for pesticides, will now require states to implement and enforce duplicative regulation on pesticide users with no environmental benefit.

“We had hoped that the United States Senate would take action and pass H.R. 872 or a reasonable moratorium alternative to avoid implementation of the Sixth Circuit’s misguided NPDES ruling before the deadline passed,” said Jay Vroom, president and CEO of CLA.

“Though the Senate, despite Herculean efforts by several Senators to find a way beyond the impasse, failed to act before time expired.