Last month, a panel of the Sixth Circuit Court of Appeals said commercial pesticide applicators Clean Water Act point source permit, a HUGE win against Big Ag, and part of a recent trend. As Felice Pace notes, the Supreme Court has already let stand a Ninth Circuit ruling that requires spraying buffers along salmon streams.
So, this may be appealed to the full Sixth Circuit, but it probably won’t go beyond there to SCOTUS. And, Kentucky, Ohio, Michigan and Tennessee, the bailiwick of the Sixth Circuit, ain’t exactly the heart of environmentalism, unlike the Ninth Circuit’s area, which makes this win all the bigger.
Pace also wonders if the timber industry, especially out in that Ninth Circuit area, will see the handwriting on the wall. If it doesn’t, and doesn’t ink some sort of negotiated settlement, your next lawsuit is coming.
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