Saint John's Organic Farm v. Gem County Mosquito Abatement District

I. Background

This case arises out of GCMAD’s longstanding use of pes- ticides to control mosquitoes in Gem County, Idaho. Among other measures, GCMAD has applied adulticides — pesti- cides used to kill adult mosquitoes — by spraying from air- planes and “fogging” from trucks. Dill sent GCMAD a notice of intent to sue pursuant to 33 U.S.C. § 1365(b), alleging that GCMAD was required to obtain an NPDES permit from the Environmental Protection Agency (“EPA”) for its discharge of pesticides (not limited to adulticides) into the waters of the United States. GCMAD then applied to the EPA for an NPDES permit. The EPA responded that an NPDES permit was unnecessary (and therefore unavailable) under an EPA interim interpretive guidance.

After the EPA refused to grant a permit to GCMAD, the parties engaged in preliminary settlement talks. Before a set- SAINT JOHN’S v. GEM COUNTY MOSQUITO 9133 tlement was reached, however, GCMAD brought suit against the EPA and Dill in federal district court for the District of Columbia. GCMAD sought a declaratory judgment that either it was not required to obtain a permit or that the EPA was required to issue it a permit. However, GCMAD…