By TIM ALEXANDER
Illinois Correspondent

PEORIA, Ill. — The president and CEO of Crop Life America (CLA) delivered a critical speech derisive of the Obama administration’s recent decision to file a brief opposing the agriculture industry’s petition asking the U.S. Supreme Court to re-hear the case that requires federal NPDES (National Pollutant Discharge and Emissions Systems) permits for pesticide applications on or near water.

The CLA and American Farm Bureau Federation filed the appeal with the Supreme Court, along with the National Assoc. of the State Departments of Agriculture and the American Mosquito Control Assoc.

“The NPDES rule is mind-boggling ... bizarre and totally nonsensical,” said Jay Vroom of CLA, whose members produce, sell and distribute a majority of crop protection and biotechnology products used by American farmers.

Vroom was invited to speak to members of the Illinois Fertilizer and Chemical Assoc. (IFCA) during its annual convention last week in Peoria. He promised the appeal of the ruling from the U.S. Sixth District Court decision regarding the issue “is not over yet.”
Vroom was referring to the U.S. Environmental Protection Agency’s (EPA) decision to delay implementation of the new NPDES regulations regarding pesticide applications on or near water until April 2011. “We’re waiting,” he said, “in regards to our motion and petition for a Supreme Court review.”

He admitted a Supreme Court review of the case is unlikely, but he hopes the Sixth District will be directed to reexamine its decision by the country’s high court.

In August 2009, the full Sixth Circuit Court of Appeals denied the petition to reconsider a decision that vacated the EPA’s 2006 NPDES Final Rule for pesticides. This decision stands contradictory to the EPA’s policy of regulating pesticides through FIFRA (Federal Insecticide, Fungicide and Rodenticide Act) with the Clean Water Act, Vroom said.

As a result, pesticide applications made on or near water of any size would require NPDES permits.

“We consider the decision wrong, but there is a very low probability of anything ever being considered for review by the Supreme Court,” said Vroom. “We’re all being layered by increasing burden after burden and greater and greater liability. We’ve got a lot of work to do. We’re going to need a lot of grassroots support.”

He devoted a significant portion of his address to approximately 150 IFCA members to lambasting the administration. “Welcome to what I call day two of year two of the great American endurance,” said Vroom, referring to Jan. 21, 366 days after President Obama assumed office.

“I’ve been in Washington, D.C., for 25 years. I have never, ever, ever lived through as bad as an experience as the American people have had in the last 12 months.

“I’m not here to give you a political speech. We still have a great Constitution and system of government. I believe in this country, I’m proud to be an American and am excited about the future.”
Vroom followed that statement by seemingly comparing the Jan. 12 earthquake in Haiti to the recent election of Massachusetts Republican Scott Brown to the U.S. Senate, and the feelings of voters in the United States.

“We had an (eventful) and also a sad week, with the earthquake in Haiti. We also had a little bit of an earthquake in Massachusetts this week ... people got a (political) wake-up call. But there are still some people who are not going to wake up,” he said.