Ninth Circuit Court Decision in Headwaters, Inc., vs. Talent Irrigation District

Enclosed for your information is the Ninth District Circuit Court of Appeals decision regarding an Oregon case that could have a significant impact in California and other states. The Court concluded that the registration and labeling of the aquatic pesticide Magnacide H under the Federal Insecticide, Fungicide, and Rodenticide Act does not preclude the need for a national pollutant discharge elimination system (NPDES) permit under the Clean Water Act.

The Department of Pesticide Regulation has met with industry representatives and State Water Resources Control Board (SWRCB) staff in addressing this situation. SWRCB will be taking the lead and contacting other impacted agencies to work out a temporary short-term fix and a long-term plan. We hope to provide you with an update at the spring conference.

Sincerely,