The chairwoman of the Senate Agriculture, Nutrition and Forestry Committee is calling on U.S. EPA to seek an extension of a stay on a court ruling that would require pesticides users who spray over water to obtain extra permits under the Clean Water Act.

Michigan Democrat Debbie Stabenow asked EPA in a letter sent yesterday to ask the 6th U.S. Circuit Court of Appeals to extend its stay of the National Cotton Council v. EPA ruling. Two years ago, the court granted a stay that is set to expire on April 9.

"I believe that an extension of the stay ... is necessary to prevent widespread confusion regarding Clean Water Act (CWA) permitting obligations that could arise for hundreds of thousands of regulated entities nationwide," Stabenow told EPA Administrator Lisa Jackson.

The National Cotton Council case found that EPA's current permitting standards under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) was insufficient and called for the agency to issue additional permits under its CWA authority for pesticide users who spray over water.

The ruling was applauded by environmental activists but criticized by EPA -- which says its standards under FIFRA are sufficient -- and pesticide users -- who say the additionally permitting would put an unnecessary economic strain on their business (E&E Daily, Feb. 17).

Stabenow called for a nine-month extension of the stay and went on to say that she is under the impression that EPA and the state program are not "sufficiently prepared to implement the permitting requirements."

Because of the looming April deadline, legislation to undo the double permit requirement has been put on a fast track on Capitol Hill.

Yesterday, a bipartisan group of House lawmakers introduced legislation that would remove the requirement. And top Republicans on the Senate Agriculture panel also indicated this week that they are discussing their own legislation (E&E Daily, March 3).