Fairhurst v. Hagener’s Empirical Analysis

Citation profile

2 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “EPA has evaluated whether pesticides applied consistent with FIFRA fall within any of the terms in section 506(2), in particular whether they are “chemical wastes” or “biological materials.” EPA has concluded that they do not fall within either term. First, EPA does not believe that pesticides applied consistent with FIFRA are “chemical wastes.” The term “waste” ordinarily means that which is “eliminated or discarded as no longer useful or required after the completion of a process.” The New Oxford American Dictionary 1905 (Elizabeth J. Jewell & Frank Abute eds.2001); see also The American Heritage Dictionary of the English Language 1942 (Joseph P. Pickett ed., 4th ed.2000) (defining waste as “[a]n unusable or unwanted substance or material, such as a waste product”). Pesticides applied consistent with FIFRA are not such wastes; on the contrary, they are EPA-evaluated products designed, purchased and applied to perform their intended purpose of controlling target organisms in the environment. Therefore, EPA concludes that “chemical wastes” do not include pesticides applied consistent with FIFRA. * * * * EPA also interprets the term “biological materials” not to include pesticides applied consistent with FIFRA. We think it unlikely that Congress intended EPA and the States to issue permits for the discharge into water of any and all material with biological content. With specific regard to biological pesticides, moreover, we think it far more likely that Congress intended not ”

   1 later decision quote this exact passage · from the majority
   e.g. Peconic Baykeeper, Inc. v. Suffolk County

2. “A plain meaning analysis of the phrase “chemical waste” thus suggests that a pesticide that is intentionally applied to the water and leaves no excess portions after performing its intended purpose is not a “chemical waste.” This analysis accords with the EPA’s construction of the CWA’s definition of “chemical waste” in the context of intentionally applied pesticides. In July, 2003 the EPA issued a memorandum entitled “Interim Statement and Guidance on Application of Pesticides to Waters of the United States in Compliance with FIFRA” (“Interim Statement”) to address this issue.... The Interim Statement asserts that the “EPA has evaluated whether pesticides applied consistent with FIFRA fall within any of the terms in section 506(2) [defining the term ‘pollutant’], in particular whether they are ‘chemical wastes’ or ‘biological materials.’ EPA has concluded that they do not fall within either term.” Therefore, we conclude that pesticides that are applied to water for a beneficial purpose and in compliance with FI-FRA and that produce no residue or unintended effects, are not “chemical wastes,” and thus are not “pollutants” regulated by the CWA. Because intentionally applied and properly performing pesticides are not “pollutants,” a potential discharger is not required to secure a NPDES permit for such pesticides before discharge.”

   1 later decision quote this exact passage · from the majority
   e.g. Peconic Baykeeper, Inc. v. Suffolk County

3. “The term “pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.”

   1 later decision quote this exact passage · from the majority
   e.g. Peconic Baykeeper, Inc. v. Suffolk County