Lawsuits, Legislation, and Pressure by Throngs of Californians Stop Aerial Pesticide Spray Over Urban Areas for Light Brown Apple Moth

Assemblymember Mark Leno from San Francisco, who authored legislation on the spraying, was jubilant. He said: “This is welcome news and a great relief to people across the Bay Area. This wise decision is the result of months of grassroots public outcry from active and concerned people across the Bay Area and along the coasts who knew there was a better way. I applaud the administration for its actions today and will continue to monitor any developments, especially any spraying in ‘highly forested areas.’ This is a great example of how average citizens can come together, have their collective voices heard and affect statewide policy. I commend everyone who said ‘no way’ to the spray.”

Leno continued: “We’ve also seen the importance of an open and transparent public process so that communities can engage in the decision-making. Given that the proposal for urban aerial spraying as been dropped, the public’s advocacy for our AB 2760, which would have required an Environmental Impact Report prior to any spraying, was clearly effective. With no plans for urban aerial spraying, the bill has served its purpose.”

Another Assemblymember with legislation, Sonoma’s Jared Huffman, was also happy about yesterday’s vocgtory. He said: “I am happy to see the Governor’s announcement on eradication of the Light Brown Apple Moth. The sterile insect release proposal is a non-toxic and non-controversial eradication tool and I look forward to working with the Governor and the Department on this project. I believe the prospect of aerial spray in residential areas is now off the table. Of course, the devil is in the details, and we will be watchful of those details, especially the notion of continued spraying in 'forested areas'. I will continue to advance my measure, AB 2765, to ensure public process and full disclosure in situations like this."

Assemblymember Sandré R. Swanson (D-Oakland), who introduced AB 2892 to ban all chemical spraying in urban areas without public consent, reacted to the decision, with thoughts to the future and some overarching principles: “This issue has always been one of public safety. It was about protecting our most vulnerable citizens—including children and seniors—from the effects of long-term aerial spraying. This decision today finally addresses residents’ complaints that their health concerns were not being addressed, and that a program with major impacts was moving forward without their consent. Fortunately, the tremendous protest against the proposed spraying in the Bay Area demonstrates that people can still effectively petition their government. That is a sign of a healthy democracy.”

Swanson concluded: “That said, this will not be the last time that a non-native insect will enter California. Time will tell if the State can come up with transparent procedures to handle menacing pests in a way that won’t endanger the public’s health.”

And Senator Carole Migden, who met with Governor Schwarzenegger, was happy tghat her efforts were part of the reason for the reversal of plans by the CDFA, saying, “I’m gratified that the Governor listened to my concerns and the outrage of our citizens and has abandoned his ill-conceived plan to spray an untested pesticide over our cities.”

Californians in the targeted counties have been organizing for months to prevent the program that was first implemented in Santa Cruz and Monterey Counties in 2007 that resulted in hundreds of health complaints. In a surprising press conference, the CDFA announced plans to use sterile moths to reduce the LBAM population, beginning in January 2009. During the next six months, the state is proposing to use the insecticide permethrin on thousands of telephone poles, as well as conduct ground-based spray treatments with pheromones and “other” ingredients.

Schramski from Pesticide Watch had more detailed comments on the new plans: “Californians should not be exposed to toxic pesticides--whether it’s drift from aerial spraying over rural areas or insecticide goo on telephone poles. Yesterday’s announcement by CDFA Secretary A.G. Kawamura may not go far enough to reduce unnecessary chemical exposures to people and the environment, say environmental and health groups.”

Schramski continued: “This development gives us additional time to determine if any intervention at all is warranted. The necessity of the state’s LBAM eradication program remains questionable, promoting the use of pesticides without scientific evidence that the moth poses any threat to agriculture or the environment.”

“We are encouraged by the state’s announcement today that it will discontinue its plan to spray aerial pesticides to control the Light Brown Apple Moth. We’re pleased that the state has heard the voices of thousands of Californians – the voices of mothers, children, farmers, working people, local governments, school districts, politicians, and others who opposed the aerial spraying program. It is a testament to the influence of citizens to direct the state toward a more rational and health protective response to this type of problem,” said Tom Kelly, spokesperson for Stop the Spray East Bay.

Yesterday's announcement raised questions about ground-based control measures and what areas will still be within the spray zone, but more importantly, the state’s drive for eradication. Scientists from the University of California have continued called into question the necessity of eradication, while the safety of the products has not been thoroughly reviewed.

“From the start this has been a people’s movement. We see increasing amounts of asthma and respiratory disease and other illnesses that are caused or exacerbated by the chemicals in the environment. Simple common sense tells you that exposure to more chemicals equals more disease. We’ve had enough. We insist on greater disclosure, a right to know what we are being exposed to, and that government take a precautionary approach should similar situations occur in the future. A pesticide reform movement has been awakened in California and will continue to grow,” added Kelly.