A key federal appellate court has denied an industry request to overturn the landmark ruling subjecting pesticide spraying to Clean Water Act permitting requirements, a move that may put industry in the tricky position of deciding whether to ask the Supreme Court to review the case and risk an unfavorable national precedent.rnThe U.S. Court of Appeals for the 6th Circuit announced Aug. 3 that it is denying a pesticide industry petition for an en banc review of National Cotton Council, et ah, v. EPA, et al, a ruling from a three-judge panel that vacated EPA's rule exempting pesticide spraying activities from Clean Water Act (CWA) permit requirements.
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