Rah, yes, that was the ruling of the court. It is also the core of the new EPA reg the POTUS put into effect by executive order. The EPA ignored the SCOTUS order by re-writing the regulation.....The congress, twice tried to pass laws forbidding the regulation, but they were vetoed.
Here is another perfect example of when the US Courts determine the EPA has no jurisdiction, the EPA writes new rules to side-step the courts....
As a result of a U.S. Sixth Circuit Court of Appeals decision in National Cotton Council, et al. v. EPA, as of October 31, 2011, point source discharges of biological pesticides, and chemical pesticides that leave a residue, into waters of the U.S. are required to comply with NPDES requirements. The Court’s decision vacated the EPA's 2006 Final Rule on Aquatic Pesticides that NPDES permits would not be required for these activities. The EPA issued its Pesticide General Permit (PGP) to offer coverage for pesticide operators on October 31, 2011, and finalized a rule on June 21, 2013 to remove the exemption for pesticide discharges from the NPDES regulations.
In short, the VERY SAME DAY the court deems the EPA has no authority, they create an entirely new "permit" to keep authority, and take another year and a half before they "legally" gave themselves authority, by rule. What good does it do when a court says the agency can't do something, and the same agency continues, just doing it under another name, or permit?
Applying EPA mentality, DDT could just be called TTD, and not be banned...
