Lawsuit Over Herbicide Sprayed on Purple Loosetrife

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    Lawsuit Over Herbicide Sprayed on Purple Loosetrife

    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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