Continuing his support for our nation’s agricultural community and his commitment to reducing burdensome and unnecessary federal regulations, U.S. Rep. Blaine Luetkemeyer (MO-9) voted for legislation that will reduce costly and redundant regulatory burdens forced on America’s hard-working farmers and ranchers by the U.S. Environmental Protection Agency.

Luetkemeyer, a family farmer from St. Elizabeth, Mo., said H.R. 872, the Reducing Regulatory Burdens Act of 2011, properly negates the impact of a 2009 court ruling in which pesticide users including farmers, ranchers, forest managers, state agencies, city and county municipalities, mosquito control districts, and water districts would have to obtain a duplicative permit under the Clean Water Act (CWA) for the use of pesticides in addition to the permit already required under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court order goes into effect on April 9.

“At a time when Americans are demanding that the government stop wasteful spending and create conditions for economic growth, the last thing we need to be doing is placing more redundant, onerous, and costly rules on hard-working farm families,” Luetkemeyer said. “While this legislation will continue to protect the health and safety of our families and communities, it also removes the added financial burden of multiple permit applications and fines for pesticide violations that do nothing but increase the regulatory burden faced by farmers.”

The legislation stems from a 6th U.S. Circuit Court of Appeals ruling in the National Cotton Council v. Environmental Protection Agency case which effectively negates the authority of the EPA under the CWA to exempt the application of pesticides. For three decades, FIFRA has closely regulated pesticide use in our nation. Prior to the ruling of the Court of Appeals, applications of pesticides have been exempted from National Pollutant Discharge Elimination System (NPDES) permit under the CWA.

Under the court order, pesticide applications not covered by an NPDES permit are subject to a fine of up to $37,500 per day per violation. In addition to the costs of compliance, pesticide users will be subject to an increased risk of litigation under the citizen suit provision of the CWA.

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