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2007 September - A California citizens group
Friday filed a lawsuit against the state and Humboldt County for not
allowing adequate public input before spraying herbicides along the Eel
River to eradicate invasive weeds.
Californians for Alternatives to Toxics, CATs, sued the Humboldt County
Agricultural Commissioner and the California Department of Parks and
Recreation for their decision to use herbicides to kill purple loosestrife
plants for as many as 10 years without first consulting with the public.
The suit, filed in Humboldt County Superior Court, claims the agencies
failed to consider safer and more effective methods such as biological
weed control programs, already used successfully throughout the country.
"The decision to spray was made behind closed doors with the many people
who care deeply about the Eel River locked out," said Patty Clary,
speaking for CATs. "State law requires that the public be involved in
important environmental decisions and that alternatives be seriously
considered. These requirements were not met."
The agencies' decision to spray the herbicide imazapyr from boats on 200
riverbank sites along 25 miles of the Eel River was first announced to the
public on July 10 at an invitation-only meeting with representatives of
environmental groups in Eureka.
A second meeting at a rural state park campground in southern Humboldt
County was announced in the county newspaper only one day before the
meeting. At both gatherings, the public was informed of the decision and
asked to support it, but was not given the opportunity to provide
information and participate in the decisionmaking process.
After years of study and experiments, the two agencies filed notices that
they were exempt from the California Environmental Quality Act on August
13 and began spraying the very next day. The CATs suit argues that the
agencies weren't exempt from the state law.
Termed the Purple Loosestrife Eradication Project, the eradication plan
calls for the use of imazapyr annually for up to 10 years - even though
native and/or endangered plant species could be affected by drift or
runoff from spraying, the group says.
Also, CATs claims that instead of ridding herbicide spraying accelerates
the spread of purple loosestrife when used in natural areas.
Imazapyr - trade name Habitat - was only approved for aquatic applications
in California a year ago. The U.S. Geological Survey says little is known
about how the chemical moves through surface or ground water.
Purple loosestrife is an invasive aquatic plant that can crowd out native
vegetation in marshes, wetlands and river communities. It was first
discovered in Humboldt County in 1997, and was eradicated using non-toxic
measures. Over the past six years, however, a larger population of purple
loosestrife has developed in Southern Humboldt County.
"CATs supports the alternatives of using biological controls, such as two
kinds of leaf eating beetles that are adapted to just consuming
loosestrife," Clary said.
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