Pesticides as "Pollutants" Under the Clean Water Act

Climate change and shifting weather patterns affect the development and distribution of insects and other pests. Chemicals are the main component of most aquatic pesticides. Pesticides inevitably reach beyond their immediate target, and this spillover affects the surrounding environment. In Altman v. Town of Amherst, the Second Circuit pressed the US Environmental Protection Agency to clarify its legal position on the regulation of aquatic pesticides. The final rule provided that the National Pollutant Discharge Elimination System permit program of the Federal Clean Water Act (CWA) did not apply to chemical or biological pesticides applied to, over, or near waters of the US so long as the pesticide application complied with the Federal Insecticide, Fungicide, and Rodenticide Act. The CWA defines the term "pollutant" to include, among other categories, "chemical wastes" as well as "biological materials." The CWA is the principal federal statute dealing with the protection of water quality.