12/03/2015
Fantastic news from attorney Steve Volker, via Frank Egger and Elizabeth Quinn: Victory in Court! The CDFA tried to continue the LBAM spraying program, but the court ruled against it.
Finally, eight years (!!!) later, the program is ended.
We can all be proud of the work we did together as a grass roots citizens' movement here in Santa Cruz and Monterey Counties in 2007 and 2008.
From Steve Volker on 12/2/15 (yesterday):
"I am pleased to advise you that we have won our lawsuit against the LBAM spraying program. The Third District Court of Appeal, per Justice Harry Hull, ruled unanimously today that CDFA’s Programmatic Environmental Impact Report on the state’s Light Brown Apple Moth Eradication/Control Program violates CEQA. The Court reversed the Superior Court’s ruling against us, and directed Superior Court Judge Lloyd Connelly to enter judgment in our favor and to issue a writ of mandate setting aside CDFA’s certification of its unlawful PEIR and approval of this illegal program.
"We won on the two most important issues. First, we persuaded the Court that CDFA had engaged in a “bait and switch” whereby it approved an EIR for an eradication program that would end in 7 years, but in fact approved instead a control program that would potentially last forever. Second, the Court agreed with us that CDFA had improperly rejected alternatives that would have less impact on the environment because they would only attempt only to control, rather than eradicate, the LBAM. These two arguments were the heart and soul of our case.
"We achieved both of our objectives of invalidating the EIR and overturning CDFA’s approval of this ill-conceived pesticide program. So this is a major victory for you and for all citizens and the fish and wildlife of this state."
A bit of background: The people's grassroots effort to stop the spraying of toxic pesticides over our cities started in 2007 in Santa Cruz and Monterey counties when our communities and residents were aerially sprayed with the pesticide Checkmate to eradicate the Light Brown Apple Moth (LBAM). The claim was LBAMs were going to destroy everything in their path from farms to forests.
Many of us in Santa Cruz and Monterey challenged the spraying and the so called emergency declaration as a reason to bypass the California Environmental Quality Act (CEQA). Both Santa Cruz and Monterey Superior Courts agreed with the plaintiffs and ordered the CDFA to comply and prepare an EIR. Next the CDFA set its sights on the San Francisco Bay Area for spraying Marin, San Francisco, San Mateo, Santa Cplara, Alameda, Napa, Sonoma and Contra Costa counties.
As far as we know, this is the *first* time a grassroots movement has stopped a government spraying program! May it not be the last, and may we together create a future where poisoning the planet is unthinkable.
Many thanks to everyone who helped, and especially to those who continued the struggle after the immediate crisis passed.
