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BREAKING: Judge halts aerial spraying against moth in Santa Cruz County

by repost
It's important to understand that this is a first step -- judges have already halted spraying before, only to allow the spray to resume 2 weeks later after the EPA changed it's position. And at least one attorney involved in this case has said he thinks the Feds may just override any decision by a court. Still, it's a victory and thanks to the many who made this happen.
Judge halts aerial spraying against moth in Santa Cruz County
John Coté, Chronicle Staff Writer
Thursday, April 24, 2008

(04-24) 13:05 PDT SAN FRANCISCO -- A judge today ordered aerial spraying in Santa Cruz County against the light brown apple moth be halted until the state conducts a comprehensive environmental review of the impacts.

U.S. and state agricultural officials planned to return to Santa Cruz and Monterey counties in June for a second round of spraying. They say they also intend to aerial spray every county in the Bay Area starting in August.

"Essentially what this will do is stop them from spraying in Santa Cruz County now," county spokeswoman Dinah Phillips. "It brings into question their whole campaign that this is an emergency situation. Other than that, I don't want to speculate on what it might mean."

Superior Court Judge Paul Burdick rejected arguments by the state Department of Food and Agriculture that it could bypass state environmental impact requirements because the moth infestation was an emergency. Environmental impact reports can take months or longer to compile.

"What the state had said is this is an emergency. We don't have time," Phillips said. "The county thinks that before something of this magnitude happens, there should be a full impact study."

Department of Food and Agriculture Secretary A.G. Kawamura quickly vowed to appeal today's ruling, which he said "threatens the safety of our agriculture, environment, and economy."

"The light brown apple moth is a serious threat not just to Santa Cruz but to the entire state, and the method we are using is the safest, most progressive eradication program available," Kawamura said in a prepared statement.

It was not immediately clear how Burdick's ruling would affect plans to spray in the Bay Area or in Monterey. Environmentalists have filed a similar suit in Monterey County Superior Court.

Critics of the spraying have voiced strong opposition to the aerial spraying plan after hundreds of residents in Santa Cruz and Monterey counties reported respiratory problems last autumn that they contend were linked to the first round of spraying against the light brown apple moth.

A 32-page report that state health officials released earlier this month said they were unable to determine a link between the spraying and respiratory problems, saying the complaints were not detailed enough or consistent.

Most of the health complaints were submitted by residents of the two counties shortly after their communities were sprayed with Checkmate, a formulation of microscopic particles containing insect pheromones that disrupt the apple moth's mating behavior.

Proponents of the spraying maintain that the chemical is safe for humans and that the insect could harm the state's $32 billion agriculture industry if it is not treated.

E-mail John Coté at jcote [at] sfchronicle.com.
---------------
See:

http://www.stopthespray.org
http://www.californiaalliancetostopthespray.org
http://www.1hope.org/checkmate
http://www.lbamspray.com
http://www.eastbaypesticidealert.org
§WHAT DOES THE COURT RULING MEAN?
by via LBAMspray.com
The Santa Cruz court ruling will only TEMPORARILY stop the Ground and Aerial treatments in Santa Cruz County until an EIR has been completed (3-9 month from now). On May 8, 2008, in Monterey County HOPE.org will challange the CDFA's LBAM eradication program on the exact same points as did Santa Cruz, and if the Monterey court rules like the SC Courts did on 4/24/08. The CDFA will be forced to complete an EIR before any ground or aerial spray can continue or start.

WHAT DOES ARNOLD'S HALT MEAN?
Arnold issued a temporaryhalt to the aerial spray for all other counties in the crosshairs of the CDFA. The CDFA will continue with all aspect of their ground spray plans ( twist ties, goo and the release millions of wasps) the SF Greater Bay Area and the Monterey area until Monterey wins their court case on May 8.

The above is based on what David Dilworth had stated after court on 4/24 and had been confirmed by CASS Attorney Zelda on the CASS legal team. We will keep you posted to any new information.

FOR THE RECORD
There was never a guarantee that aerial spraying would happen on the exact day of Aug. 1 in SF or on the exact day of June 1 for Monterey/ Santa Cruz.
We were told that we could expect the aerial spray program to start on or after June 1 for Monterey/ Santa Cruz and
on or after Aug 1 for SF Bay Area.


Arnold's Announcement Means Little- It will mean more should Monterey lose their CEQA court case. The State can and will continue with all aspects of their toxic and dangerous ground spray portion of their eradication plan.
Arnolds announcement only possibly delayed the Aerial Spray in SF for only a few days. The addititonal tests Arnold ordered; we are not sure at this time if that is simply part of what is required by the normal EIR process or if he actually went above and beyond and asked for more safety tests.
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