For nearly 40 years, EPA allowed application of pesticides directly to or over waters of the United States without an NPDES permit and instead relied on the FIFRA registration process to regulated such pesticide use. Following mixed results from the courts regarding the legality of this practice, the pesticide industry filed a petition for rulemaking and obtained a favorable rulemaking outcome. Nonetheless, the pesticide industry challenged the results of its own rulemaking petition in hopes of obtaining an even more generous rule. The industry’s plan backfired when the Sixth Circuit overturned EPA’s rule, thereby requiring NPDES permitting, and the U.S. Supreme Court refused to hear the industry’s appeal. The pesticide industry is running a full-court press in Congress to pass legislation that would undo the Sixth Circuit decision and return to the old status quo.