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Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?
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This report provides background on the conflict over interpretation and implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act. A brief discussion of the two laws is followed by a review of the major litigation of interest. EPA's efforts to clarify its policy in this area and the November 2006 rule and the 2009 federal court ruling are discussed, as well as possible options for EPA and Congress to further address the FIFRA-CWA issues. In June, EPA proposed a draft general CWA permit that it intends to finalize by April 2011 in response to the court ruling.