Aside from the legal precedent, Vroom notes the permit will add performance, recordkeeping and reporting requirements to an estimated 1.5 million pesticide applications per year and pre-empt the science-based ecological review of pesticides and label requirements for uses regulated under the FIFRA.

“This one decision overnight will nearly double the population of entities requiring permits under CWA and affects state agencies, local municipalities, recreation, utility rights-of-way, railroads, roads and highways, mosquito control districts, water districts, canals and other water conveyances, commercial applicators, farm, ranches, forestry, scientists and many, many others. This is an enormous burden – and we see no related benefit to protection of humans or the environment.”

Many of the businesses impacted by the permit are small businesses. “The permit will threaten their economic survival, either due to the cost of obtaining a permit or due to their vulnerability to citizen law suits under CWA,” he said.

“New requirements for monitoring and surveillance, planning, recordkeeping, reporting and other tasks will create significant delays, costs, reporting burdens and legal risks from citizen suits for hundreds of thousands of newly minted permit holders without enhancing the environmental protections already provided by FIFRA compliance.”