- Light brown apple moth controversy
Light brown apple moth("Epiphyas postvittana", often abbreviated to LBAM) is a leafroller mothbelonging to the lepidopteran family Tortricidae. The insect is regarded as an herbivorous generalist, and the larvae consume numerous horticultural crops in Australiaand New Zealand. The species is native to Australia and is found in New Zealand, Ireland, the United Kingdom, and Hawaii. It has been classified as a noxious insect in the United Statesand Canada, but not in Europe, leading to restrictions on produce from Mexico and Canada under the North American Free Trade Agreement. Although it is not known when the moth arrived -- some UC Davis Invasion Biology experts suggest decades ago -- in 2007 the moth was found in mainland United States, principally along the West Coast. Quarantine measures and aerial spraying of cities with untested pesticides were imposed to try to eradicate the moth, leading to substantial public controversy and reports of adverse health effects.
Eradication measures of the Light Brown Apple Moth in California (2007-2008)
On June 19, 2008 the State of California announced that it was abandoning plans for aerial spraying over population centers. [cite web
title=Officials Call Of(f) Aerial Spray for Apple Moth
author=Jane Kay, Chronicle Environment Writer
June 19, 2008
Though the first Light Brown Apple Moth confirmed in
Californiaby DNA analysis was found in February 2007, scientists like James Carey, a professor of entomologyat the University of California-Davisand associate editor on several journals, believes, based on his previous experience with the Gypsy Moth program, that the Light Brown Apple Moth has likely lived in California for years and possibly decades (in part because it is so widespread, from Los Angeles to north of San Francisco). [ [http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/06/MN69VD309.DTL&hw=moth&sn=001&sc=1000 Experts question plan to spray to fight moths] ] [ [http://uk.youtube.com/watch?v=2Zc7I_o0M6E UC Scientists Speak Out] ] The debate over how long the moth has been in the state has not yet been resolved. Questions about the rationale for the timing of the spray program suggest that it appears be more closely related to agricultural quarantines from Mexico and Canada than other factors. [http://www.marinij.com/opinion/ci_8712142 Larry Bragman: Will U.S. trade policy again trump public health?] ]
Additionally, since the moths appear unlikely to survive in typical conditions of much of the agricultural areas of the state of California, such as in the extremely high temperatures of the Central Valley, some question the level of crop damage possible. One paper states:
:"Hot, dry conditions may reduce populations significantly, and it is unknown whether the insect will be able to establish in locations such as the Central Valley and inland deserts of California. . . . In California, light brown apple moth has been detected on agricultural lands mostly in production and retail nurseries located near urban areas." [ [http://californiaagriculture.ucop.edu/0802AMJ/pdfs/ca6202p57.pdf Light brown apple moth’s arrival in California worries commodity groups] ]
Following the confirmation of the presence of the moth in California by the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS), the
California Department of Food and Agricultureissued a State Interior Quarantine order restricting intrastate shipment of plant material from counties where LBAM had been found. APHIS later issued a Federal Domestic Quarantine order on May 2, 2007, with restrictions on interstate shipment of plant material. [ [http://184.108.40.206/search?q=cache:-AkLuYqk6QsJ:www.aphis.usda.gov/plant_health/plant_pest_info/lba_moth/downloads/LBAM_IPM_UCDavis.pdf+%22Phytosanitary+Advisory%22+lbam&hl=en&ct=clnk&cd=5&gl=us Light Brown Apple Moth in California: Quarantine, Management, and Potential Impacts] ] CDFA officials, together with the United States Department of Agricultureand the United States Environmental Protection Agency, initiated what they described as an emergency eradication program, including domestic and international quarantines and inspection programs. Although a pesticide cannot be legally used if it has not been registered by EPA's Office of Pesticide Programs in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the EPA has the ability to approve emergency exemptions (under Section 18 of FIFRA) for unregistered uses of pesticides for limited time periods if the EPA determines that emergency conditions exist and the request meets EPA safety requirements. [ [http://www.epa.gov/opp00001/local/region9/lbam_quarantine.htm EPA Quarantine Exemptions for Light Brown Apple Moth Pheromones] ] The EPA granted a quarantine exemption request from the USDA which stated:
:The Applicant proposes the use of a new chemical which has not been registered by EPA. Due to the unique nature of this emergency situation, in which the time to review the conditions of this situation was short, it was not possible to issue a solicitation for public comment, in accordance with 40 CFR 166.24, prior to the Agency’s decision to grant these exemptions. [ [http://www.eastbaypesticidealert.org/USDA%20quarantine%20exemption%20request.PDF (E,E)-9,11-Tetradecadien-1-yl Acetate; Receipt of Application for Emergency Exemption, and Solicitation of Public Comment] ]
In late 2007, the moth eradication program involving (aerial spraying) of a pesticide containing "E. postvittana" attractant sex pheromones as its active ingredient, among other substances not yet revealed to the public, over sixty square miles near the Pacific coast between Monterey and Santa Cruz was begun. [ [http://www.cdfa.ca.gov/phpps/pdep/lbam/lbam_main.html CDFA Light Brown Apple Moth Project] ] The EPA authorized the aerial spraying of the Checkmate pheromone pesticide spray every 30 days until 2010.
On September 24, 2007 the group 'Helping Our Peninsula's Environment' [ [http://www.1hope.org/checkmate Helping Our Peninsula's Environment - Checkmate] ] (HOPE), opponents of the spraying and concerned over the potential impacts to humans and the environment, filed suit to halt the pesticide spraying program because the California Dept of Food and Agriculture claimed it was exempt from California's Environmental Quality Act which required analysis of the environmental impacts of the pesticdie use.
A few weeks later in October HOPE obtained a court injunction that postponed the pheromone pesticide spraying for two weeks. The injunction was lifted a week later, the group said, because it was impossible to prove that "inert" ingredients cause harm when the manufacturer and the government agencies refused to disclose the names and concentrations of the ingredients.
The "Monterey County Weekly", in October 2007, reported that according to CDFA spokesman Jay Van Rein, the first two aerial applications over the Monterey Peninsula cost $3.7 million, with $3.1 million of that used to buy the spray products. [ [http://www.montereycountyweekly.com/archives/2007/2007-Oct-25/Article.news_2/1/@@index State releases list of moth spray ingredients, legal battle continues] ] The November 2007 application was described as costing $2.7 million. [ [http://220.127.116.11/search?q=cache:tmxLwccxYkUJ:www.chemtrails911.com/docs/-%25202007/00_LBAM/State%2520to%2520spray%2520Santa%2520Cruz%2520County%2520in%2520bid%2520to%2520eradicate%2520apple%2520moth%2520-%2520By%2520TOM%2520RAGAN%2520-%2520SENTINEL%2520STAFF%2520WRITER%2520-%2520September%252026,%25202007.htm+http://www.aphis.usda.gov/plant_health/ea/downloads/lbam_ea_sc.pdf.&hl=en&ct=clnk&cd=2&gl=us State to spray Santa Cruz County in bid to eradicate apple moth] ]
Although the ingredients of LBAM-F have been published on the CDFA website, the ingredients of OLR-F and the concentrations of the different components and residues from the chemical manufacturing process -- necessary to determine toxicity levels during applications -- remain unpublished. [ [http://www.cdfa.ca.gov/egov/Press_Releases/Press_Release.asp?PRnum=07-086 Light Brown Apple Moth Eradication Program Update: MONTEREY COUNTY SUPERIOR COURT LIFTS TEMPORARY RESTRAINING ORDER, GOVERNOR ORDERS ERADICATION PROGRAM TO RESUME AND INGREDIENTS TO BE MADE PUBLIC] ] Many question the statements by state officials that the products used for the aerial spray, Checkmate OLR-F and Checkmate LBAM-F, are safe to be sprayed on densely populated residential areas. At an April city council meeting in the city of Alameda California, Councilmember Frank Matarresse asked CDFA Secretary Kawamura, "If this were sprayed on an open field, would farmworkers be allowed to be in the field while you are spraying?" Secretary Kawamura responded with "No." [ [http://www.lbamspray.com/00_Audios_Videos/AGnotSafe.mpg Low resolution video of interchange between Secretary Kawamura and Alameda Councilmember Frank Matarresse] ] .
Adverse health reports
After the spraying in Monterey and Santa Cruz counties in the Fall of 2007, over 600 complaints of adverse health effects were reported [http://1hope.org/SPRAYCOMPLPR.PDF] . The California Department of Food and Agriculture received 330 reports of complaints such as eye irritation,cite web |url=http://www.santacruzsentinel.com/ci_8334217 |title=Residents deluge state with apple moth spray criticism - Santa Cruz Sentinel |accessdate=2008-02-23 |format= |work=] difficulty breathing, rashes, headaches, and muscle aches, among others.cite web |url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/22/EDKPV6JNP.DTL |title=Moth-eaten plans |accessdate=2008-02-23 |format= |work=] A local environmental group also reported that they received more than 300 complaints.cite web |url=http://www.santacruzsentinel.com/ci_8270391 |title=State will do environmental review on LBAM - Santa Cruz Sentinel |accessdate=2008-02-23 |format= |work=]
On April 8, 2008, the Office of Environmental Health Hazard Assessment (OEHHA) issued a report on the complaints of adverse health effects that stated that they did not have enough data to conclude whether or not a link exists between illness complaints and the 2007 pesticide spraying in Santa Cruz and Monterey. Although the press release describing the report explicitly claimed that no link was found [ [http://www.oehha.ca.gov/risk/pdf/LBAM041008press.pdf Study shows scientists were unable to find a link between aerial spraying and illness complaints] ] , the report actually concluded that "It is not possible to determine whether or not there is a link between any of the reported symptoms and the aerial spraying," and later stated that was because, "more than 90 percent of the 463 symptom reports do not contain adequate information for us to determine whether or not there is a link between the reported symptoms and the spray applications." [ [http://www.oehha.org/risk/pdf/LBAM041008.pdf Summary of Symptom Reports in Areas of Aerial Pheromone Application for Management of the Light Brown Apple Moth in Monterey and Santa Cruz Counties September, October, and November 2007] ] Earlier news stories by the "Santa Cruz Sentinel" and the "San Jose Mercury News" based on the press release, were removed and replaced with corrected news stories.
In response to the OEHHA report, on April 11th 2008, Assemblymember
John Lairdstated in a press release:
:"I’m disappointed that what should have been a very serious scientific effort started long ago, became an exercise where just 10% of the reported cases were analyzed and the findings have been used effectively as spin for the CDFA. To say that there is no information to indicate a link between the spraying and health affects is not the same as saying there is no link between spraying and health affects. The state did not reach out to a single doctor for the report. At a minimum, the reports associated with doctors should have been retrieved and given full analysis, including speaking with the reporting physicians." [ [http://democrats.assembly.ca.gov/members/a27/press/20080411AD27PR01.htm Laird Reaction to State Report on Health Affects from LBAM Spraying] ]
Although the CDFA argues that only very small amounts of the spray were used and so should not have resulted in adverse health effects, one resident in the sprayed area described the complexity of the aerial spraying variables in a paper:
:"All of these numbers assume of course that the spray was uniformly dispersed and the MTAC completely evaporated, condensing in a heavier than air cloud near the ground. The actual experience is more varied than that. The concentration of pheromone capsules captured at official recording stations was on average only about 1/10 of the expected amount. Unofficial reports say that the spray mixture actually came down in giant globs, some of which slimed entire fence stakes (but only 2 fence stakes out of a whole set). Plus, the planes flew in an overlapping grid pattern that could have caused some areas to get sprayed more than once. Obviously, when there is a big negative deviation (1/10 of expected concentration) in one place, there should also be a big positive deviation (higher than expected concentration) somewhere else. Throwing these additional factors of 10 into the equation for what is the minimum concentration of MTAC expected to produce a health effect in some portion of the general population opens up the possibilities even more." [ [http://www.indybay.org/newsitems/2008/03/27/18488919.php Why The Low Application Rate of the LBAM Spray Is Not Reassuring] ]
Dr. Lawrence Rose, a former Senior Public Medical Officer for the
California Occupational Safety and Health Administrationfor 28 years and part of the UCSFOccupational/Environmental Medicine Department, in a report titled, 'Marin Pesticide Spraying Health Hazard Alert,' described the actions of state officials as "far beyond irresponsible, and in fact criminal negligencewould be a more appropriate label for the lack of public health follow-up."
On April 16th, a report on the dangers of the microcapsules was sent as a letter to Dr. Robert Leavitt of the environmental advisory task force, by Dr. Dennis Knepp, a Fellow of the Institute of Electrical and Electronics Engineers (IEEE), and Dr. Jeff Haferman, also an engineer, explaining that the spray was shown to include capsules with diameters less than or equal to 10 micrometers in diameter (termed PM10) which, in sufficient concentration, is a known health hazard regardless of the content of the particulates. [ [http://www.lbamspray.com/Reports/KneppAndHafermanLetterwithAttachments.pdf CheckMate LBAM-F particle size distribution] ]
Efficacy debate and proposed solutions
Critics state that no published efficacy reports on the pheromone pesticide formulations used aerially against LBAM exist [ [http://www.hopefortruth.com/lbam_f_a_q.htm Hope For the Truth - FAQ] ] , raising questions about the validity of the eradication effort. Additionally, University of California scientists and other independent experts recommend containment measures in urban areas, but that full-scale airplane spraying should be saved for crop areas that agricultural departments are trying to protect in the Central Valley. [ [http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2008/03/06/MN69VD309.DTL Experts question plan to spray to fight moths] ] Oakland city council member Jane Brunner questioned the location of the sprayings in interviews and in her resolution against the efforts, stating, "A very curious issue for me is that they're spraying in Richmond, Berkeley and Oakland, but they are not spraying in Danville, Walnut Creek and out in the valley." [ [http://findarticles.com/p/articles/mi_qn4176/is_20080228/ai_n24373224 Berkeley may try to halt spraying] ] In April of 2008, Oakland City Attorney John Russo, in an article expressing his reasons for opposing the spray, said that state officials cannot describe the amount of the chemical it will take to rid the state of apple moths, nor how many years the spray will need to be conducted. He also mentioned:
:"As it happens, the company that makes the spray is owned by a wealthy agri-business tycoon who has contributed hundreds of thousands of dollars to the campaigns of state officials. But that's probably just another coincidence." [ [http://www.californiaprogressreport.com/2008/04/read_the_label.html Read the Label and Conduct an Environmental Review Before Spraying Californians With Pest Control Chemicals] , John Russo, CA Progress Report, accessed 4.17.08]
The group 'Helping Our Peninsula's Environment' proposes controlling the moth with the targeted use of pheromone-baited sticky traps. These are the same traps used for population size measuring purposes. The traps have caught and killed almost all the 27,000 LBAM moths found so far in California. [http://www.1hope.org/nonspray.htm] This method would employ four additional traps for every LBAM caught and consumes far less resources in traps and staff than applying 160,000 twist ties per square mile (250 per acre).
Other critics of the aerial spray plan, such as The California Nevada Regional Conservation Committee of the
Sierra Club[http://www.sierraclubcalifornia.org/policyonaerialspraying.html] , propose that twist ties be impregnated with the pheromone pesticide and hung on trees and other structures across the area. They say they prefer least-toxic, environmentally sensitive control methods to spraying. [http://www.lbamspray.com/00_Legal/SCRESOLUTIONNS-27,783%20Aerial%20Spraying.pdf] The California Department of Food and Agriculturehas determined that more than nine million twist ties would be required to cover the infested area. Because the twist ties need to be placed at optimal distances from each other, one trained employee can correctly place 30 to 40 twist ties in a single day. [http://www.cdfa.ca.gov/phpps/PDEP/lbam/pdfs/LBAM_QandA.pdf] Twist ties become ineffective after about three months and then need to be removed, disposed of, and replaced four times a year. As a result, using twist ties as the primary measure to control the moth has been ruled out. [http://www.cdfa.ca.gov/phpps/PDEP/lbam/pdfs/LBAM_QandA.pdf] In early February 2008, the California Department of Food and Agriculture and the U.S. Department of Agriculture(USDA) announced that treatment using pheromone-infused twist ties was scheduled for LBAM eradication in some lightly infested areas.cite web |url=http://www.contracostatimes.com/environment/ci_8345117?nclick_check=1 |title=Contra Costa Times |accessdate=2008-02-23 |format= |work=] A USDA official has stated that they are still considering whether to treat San Francisco and the East Bay Area through ground or aerial application. [http://www.sfbg.com/entry.php?page=3&entry_id=5325&catid=&volume_id=317&issue_id=332&volume_num=42&issue_num=14]
In March 2008,
Fairfax, CaliforniaCity Councilmember Larry Bragman wrote an article stating that since no biological basis for the spraying appears to exist, the more likely issue appears to be the costly trade quarantines invoked by Mexicoand Canadaunder the North American Free Trade Agreement(NAFTA). But he also cited an excerpt from the Mexican quarantine demand:
:"The present phytosanitary conditions may be modified or harmonized whenever we have more technical and scientific information regarding E. postvittana (LBAM) as well as we receive more information about the evolution status of this pest in the United States."
Bragman, like others, notes that the moth is not a quarantine pest in
Europe, and pointed to the recent research papers by Harder [ [http://democrats.assembly.ca.gov/members/a27/pdf/HarderNZReportFINAL.pdf Integrated Pest Management Practices for the Light Brown Apple Moth in New Zealand: Implications for California] ] and Carey that he believes constitute technical and scientific information which should be conveyed to trade representatives.
Several county public health officials posted public letters expressing their concerns or diagreements with the spray program. Health Officer of the Public Health Division of the County of Santa Cruz, Poki Stewart Namkung, stated in a letter on March 18, 2008, to Santa Cruz Assemblymember Laird, that:
:"We do not believe that any spraying should commence before completion of an EIR that includes a comprehensive human health assessment." [http://democrats.assembly.ca.gov/MEMBERS/A27/pdf/Namkung_LBAM%20Letter%20to%20Laird_18MAR09.pdf]
And Alameda County Public Health Director, Athony Iton, along with Alameda County Supervisor Keith Carson, stated in a letter on February 26, 2008, to the CDFA, that:
:"We are confident that there are a variety of other methods to address the LBAM that are much safer for people and the environment and do not pose a major health risk to the residents of Alameda County and California." [ [http://www.acphd.org/AXBYCZ/Admin/Publications/documents/MOTH_LBAM_letter.pdf Alameda County Public Health Director Tony Iton and County Supervisor Keith Carson express concerns] ]
On April 9th, 2008, California Congressmember
Sam Farr(D-Carmel) further inquired at an agriculture hearing in Washington D.C. about how and when the Light Brown Apple Moth was blacklisted and whether it should be declassified from that status. News stories about the inquiry quoted Farr as saying:
:"If we don’t even know why the moth is listed as a dangerous pest, it’s impossible to determine how far we must go to control it or whether the current emergency eradication tactics are justified." [ [http://www.sfbg.com/blogs/politics/2008/04/cant_we_just_delist_the_moth_a.html Can't we just de-list the moth, already?] ] [ [http://www.farr.house.gov/index.php?option=com_content&task=view&id=355&Itemid=1 April 9, 2008 - Farr Questions Feds on LBAM] ]
Under Secretary of Agriculture for Marketing and Regulatory Programs[ [http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=bios_knight.xml Bruce I. Knight, Under Secretary for Marketing and Regulatory Programs] ] , has said that he would respond to the inquiry and would review federal policies regarding the strategy of aerial spraying on the Central Coast.
Legal challenges, public outcry and investigations
By June 2008, over 30 California city councils including San Francisco, Monterey, Pacific Grove, Seaside, Santa Cruz, Oakland, Albany and Berkeley had passed resolutions against the spray and over 80 environmental, health and political groups were on record opposing it. [ [http://www.stopthespray.org/organizations.htm Local Governments and Groups opposing the Spray] ] In February 2008, several legislative bills based on citizen concerns about aerial spraying in
urban areas and the ability of state agencies to declare a state of emergencywere drafted by state legislators. [http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/23/MN9RV77NK.DTL Bills seek to curb pesticide spray over cities] ] [ [http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/20/MNR6V5B3C.DTL Migden battles aerial moth spraying] ] On March 13th, 2008, Assemblyman John Laird, D-Santa Cruz, introduced Assembly Concurrent Resolution 117, calling on the Departments of Food and Agriculture and Pesticide Regulation, the Office of Environmental Health Hazard Assessment and other state agencies to answer unresolved questions. He stated, "It is the responsibility of our government to demonstrate its LBAM actions are necessary and do not compromise human or environmental health,” Laird said. “It isn’t the responsibility of the people to demonstrate the reverse." [ [http://pressbanner.com/content/view/1021/42/ Laird calls on state for moth-spray answers] ] The resolution uses a fast track process in the state House and Senate which does not require the Governor's signature. Laird's Invasive Pest Planning Act of 2008, AB 2763, passed the Assembly Environmental Safety and Toxic Materials Committee by a vote of 4-0 on April 2nd of 2008. [ [http://democrats.assembly.ca.gov/members/a27/press/20080402AD27PR01.htm Laird LBAM-based Pest Planning Legislation Passes Assembly Committee] ] On March 22nd, 2008, San FranciscoMayor Gavin Newsomwrote a public letter to the Governor urging him to study health consequences before continuing with the spray campaign. He cited relevant state legislation and asked the governor to sign the bills into law immediately. [ [http://www.californiachronicle.com/articles/56140 Newsom Urges Governor Schwarzenegger To Study Health Consequences Before Moth Spraying Proceeds] ]
In order to conduct the spraying, the U.S. Department of Agriculture (not the state agency) was able to obtain an "emergency exemption from registration" from the U.S.
EPA. Representatives of the California Department of Pesticide Regulationsay that because of that exemption, the spraying program is not subject to state approval. But Santa Cruz city Attorney John Barisone has said that the moth "isn't an emergency. We've known about it for quite a while." The legal brief he is involved in argues that the state first knew, in 1995, that the moth was "highly likely" to establish itself in the United States, but that no environmental studies were done on how best to deal the moth, resulting in the spray plan and consequent panic among residents fearful of spray effects. [ [http://www.mercurynews.com/centralcoast/ci_8726089 Light brown apple moth fight heads to court] ]
In March 2008, an
Associated Pressinvestigation [ [http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/03/12/state/n164613D24.DTL AP Exclusive: Moth-spraying PR deal suspended amid questions] ] into the decision to award a $497,000 no-bid contract to Porter Novelli, a public relations firm tasked to promote the spraying program, described e-mails obtained by AP as indicating that a senior state contracting official questioned the contract award. The e-mails, obtained through a California Public Records Act request, also showed that a senior counsel with the California Department of General Servicesquestioned the rationale for a no-bid contract, and admitted that he had never before been asked to approve a no-bid contract for public affairs work. The investigation also focused on an expected winner in the contract, naming Jeff Randle, a frequent campaign and political adviser to Arnold Schwarzenegger, as being promised by state officials to receive a share of the work. Randle was a campaign consultant involved in the scandal that drove disgraced state Insurance Commissioner Chuck Quackenbushfrom office, and was hired as a consultant for Schwarzenegger's gubernatorial campaign in 2003. A CDFA spokesperson said that U.S. Department of Agriculture would be reimbursing the state of California for much of the cost of the $497,000 PR firm contract, but could not provide any details. One day after the Associated Press published the story behind the contract, the deal was suspended.
Another contract questioned by some has been the contract for the aerial dispersal of the pheromone, given to Dynamic Aviation [ [http://www.dynamicaviation.com/home.htm Dynamic Aviation] ] , a Virginia government contractor that works in "intelligence, surveillance, and reconnaissance" for the Defense Department and Homeland Security [ [http://18.104.22.168/search?q=cache:w-RF9IuMWnYJ:www.svtc-va.org/files/SVTC_program_TN7.pdf+sri+international+%22dynamic+aviation%22&hl=en&ct=clnk&cd=14&gl=us National Defense / Homeland Security Award] ] , among others. [ [http://www.huffingtonpost.com/paulina-borsook/bush-administration-to-bl_b_92636.html Bush Administration to Blue-State California: Drop Dead!] ] [ [http://www.hopefortruth.com/lbam_f_a_q.htm LVAMspray FAQ] ]
In an article for "The California Progressive Report", the Mayor of
Albany, California, Robert Lieber, RN, called for the resignation of CDFA Secretary Kawamura, citing his three main concerns: that the pheromone has not been tested for long-term human exposure risk, that the inert ingredients are toxic and carcinogenic, and that U.C. Davis scientists examining the microcapsules found that "some particles are small enough to be inhaled into the deep lung where they cannot be expelled." He described the conduct of Secretary Kawamura as a "disgraceful public deception campaign." [ [http://www.californiaprogressreport.com/2008/03/aerial_spraying.html Aerial Spraying for the Light Brown Apple Moth in California is Dangerous to Our Health and Unnecessary] ]
On September 24, 2007 Helping Our Peninsula's Environment (HOPE) filed the first suit alleging CDFA had violated California's Environmental Quality Act (CEQA) by falsely claiming thier aerial spraying program was exempt from CEQA due to an emergency. A little more than one month later the County and City of Santa Cruz filed an essentially identical lawsuit.
On April 24 2008, Santa Cruz County won their California Environmental Quality Act (CEQA) lawsuit against CDFA halting any spraying in that county until an Environmental Impapct Report (EIR) is completed. On May 8 CDFA's attorney Anita Ruud told Monterey County Judge O'Farrell the EIR is expected to be complete in January 2009. In 2008 CDFA suspended aerial spraying during the rainy season until late Spring indicating that aerial spraying in Santa Cruz County should not resume until late Spring 2009.
In response to Judge Burdick's question CDFA's attorney Bill Jenkins admitted that LBAM had done "no documented damage" to California agriculture or ecosystems. The county attorney Jason Heath cited documentation that some federal officials themselves did not consider the moth to be a serious threat, but instead described it as a "transient pest" and cited "largely untested strategies."
At the end of the hearing the Judge ruled that CDFA had abused their discretion and violated California's Environmental Quality Act when they illegally exempted their aerial spraying program from CEQA claiming the LBAM discovery in Califorina was an emergency. Judge Burdick did not find any evidence that the arrival of the light brown apple moth in California constitutes the claimed emergency. He ordered CDFA to halt the spraying program and rescind their exemption from CEQA until an Environmental Impapct Report is completed.
Just an hour later, following a meeting with State Senator Carole Migden and Marin County officials, Governor Schwarzenegger announced that the state will postpone the spray program until some tests for acute toxicity of the sprays are completed expected on August 17, 2008. [ [http://cbs5.com/wrapper_consumer/seenon/apple.moth.spraying.2.708193.html Judge, Schwarzenegger Stop Apple Moth Spraying] ]
On May 12, 2008, Monterey County Superior Court Judge Robert A. O'Farrell reached a similar conclusion in an identical Monterey CEQA case brought on September 24, 2007 by Helping Our Peninsula's Environment (HOPE).
O'Farrell halted the program of aerial spraying of Monterey peninsula communities until an Environmental Impapct Report is prepared. The judge ruled that CDFA had illegally exempted themselves from the California Environmental Quality Act because there was no "substantial evidence" of significant damage by the LBA moth. [ [http://www.1hope.org/HOPEWINSPRAY.PDF Judge's Intended Decision] ]
On June 18, 2008 CDFA filed Notices of Appeal for both of the CEQA lawsuits they had lost. (The following day CDFA announced the abandonment of aerial spraying over populated areas. It is not known whether CDFA will pursue the appeals.)
On April 16th, the Assembly Agriculture Committee passed two pieces of legislation: ACR 117 and AB 2763.
ACR 117 is an Assembly Concurrent Resolution that calls on the California Department of Food and Agriculture, the Department of Pesticide Regulation, the Office of Environmental Health Hazard Assessment and other relevant state departments to address unresolved health, scientific and efficacy issues involving the eradication plans. The resolution passed 5-3 and next goes to the Assembly Appropriations Committee.
AB 2763, the Invasive Pest Planning Act of 2008 – would require the CDFA to create a list of invasive animals, plants, and insects that have a reasonable likelihood of entering California for which an eradication program might be appropriate. [ [http://democrats.assembly.ca.gov/members/a27/press/20080416AD27PR01.htm Laird LBAM Legislation Passes Assembly Agriculture Committee] ]
California Department of Food and Agriculture
Environmental Protection Agency
United States Department of Agriculture
;Spray Advocate Resources
* [http://www.cdfa.ca.gov/phpps/PDEP/lbam/lbam_main.html California Department of Food and Agriculture LBAM website]
* [http://www.aphis.usda.gov/plant_health/plant_pest_info/lba_moth/index.shtml United States Department of Agriculture LBAM website]
* [http://www.1hope.org/checkmate Helping Our Peninsula's Environment - the organization which filed the first lawsuit. The suit halted the spraying for two weeks in October 2007, and then stopped the aerial spraying May 12, 2008 until an EIR is completed.]
* [http://www.lbamspray.com/ LBAMSPRAY - Defending the Central Coast against the Aerial BioChemical Pesticide Spray]
* [http://stopthespray.org/ Stop the Spray]
* [http://democrats.assembly.ca.gov/MEMBERS/A27/moth_news.htm Assemblymember John Laird's page of news coverage of the LBAM]
* [http://www.eastbaypesticidealert.org/ East Bay Pesticide Alert]
* [http://www.californiaalliancetostopthespray.org/ California Alliance to Stop the Spray]
* [http://www.hopefortruth.com/ Hope For Truth]
* [http://www.indybay.org/santacruz/ Santa Cruz Indymedia]
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