Moth spraying in California county must wait, judge rules
FRESNO, Calif. (AP) — The state must halt an aerial spraying campaign to eradicate an invasive moth in a county near San Francisco Bay, at least until a full environmental review is done, a judge decided Thursday.
Superior Court Judge Paul Burdick ruled that the state had not proved that an infestation of the light brown apple moth in Santa Cruz County constituted an emergency, which would have allowed authorities to avoid the long state review process.
The ruling could keep planes from spraying a pesticide for up to a year while the state studies its effect on people and the environment, said county spokeswoman Dinah Phillips.
A.G. Kawamura, secretary of food and agriculture, vowed the state would appeal. In a statement, he said the decision was delaying "the safest, most progressive eradication program available."
After meeting with lawmakers and environmentalists, Gov. Arnold Schwarzenegger said the state would postpone aerial sprays over the county until Aug. 17, when further "acute testing" of human health effects would be complete. The original date had been in June.
"The light brown apple moth is a serious threat to California's forests and agriculture. If left uncontrolled, the moth would have a devastating impact on our state's environment and economy," Schwarzenegger said in a statement.
Hundreds of people complained of feeling sick when planes applied the first round of spray in the area surrounding Monterey and Santa Cruz last fall. State environmental health experts recently said those reported illnesses can't conclusively be tied to the pest eradication efforts.
Soon after the sprays, the county and city of Santa Cruz sued the state, saying Kawamura broke state law by authorizing the aerial campaign without the benefit of environmental review. Environmentalists filed a similar suit in Monterey County Superior Court.
The U.S. Department of Food and Agriculture, which says the moth threatens to destroy hundreds of millions of dollars' worth of crops, will wait until the state's appeal has been resolved before considering whether to go ahead with the spray campaign under federal authority, said spokesman Larry Hawkins.
Associated Press writer Steve Lawrence in Sacramento contributed to this report.
