EPA is urging an appeals court to reject industry requests for an en banc rehearing of a controversial ruling that effectively mandates that the agency issue Clean Water Act (CWA) permits for pesticide spraying on or near waters, arguing that the agency could craft the permit program if the court stays its ruling for two years.rnIndustry groups have asked the court to grant en banc review, charging that the ruling could hamper mosquito spraying and other public health threats in the face of a growing number of citizen suits prompted by the court's ruling. The issue is of such great concern that Sen. Max Baucus (D-MT) has floated legislation to address the issue.
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