PESTICIDES  (CONT)

state's total pesticide use.

When agencies in California's Central Valley were tamping down the West Nile Virus threat last summer, they typically were aerially spraying about one ounce of pesticide per acre. California officials hope that the new EPA decision could clear up some potential confusion over how such chemicals are regulated.

"The fact that we now have some clarification on this is a good thing," said Glenn Brank, a spokesman for the California Department of Pesticide Regulation.

The prior confusion stemmed in part from court decisions.

In 2001, the San Francisco-based 9th Circuit Court of Appeals ruled that a federal permit was required before herbicides could be applied on national forests in Oregon. Courts elsewhere, though, issued conflicting opinions, leading the EPA to try to clarify the muddle.

With environmentalists warning that the EPA's interpretation of the Clean Water Act is "unlawful," the possibility for future legal challenge remains.

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