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Apr 24, 2008 8:40 pm US/Pacific
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Judge, Schwarzenegger Stop Apple Moth Spraying
SANTA CRUZ (CBS 5) ―
Light brown apple moth spraying has stopped, for now. On Thursday morning, a judge ordered the state to stop aerial spraying of a pesticide to stop the apple moth in Santa Cruz. The governor Schwarzenegger put a temporary halt to that spraying throughout California.
Thursday's decision brought cheers in the courtroom, from residents who say the spraying is unnecessary and poses a health threat.
The state is out to prove that the spraying is safe and eventually go ahead with their plan, so the delay is just that, a delay. But the judge clearly handed opponents their first victory.
Happy spraying opponents cheered the judge's ruling, a ruling that effectively postpones chemical spraying for moths in Santa Cruz County.
County lawyers argued the state did not prove the arrival of the light brown apple moth in California is an emergency and therefore should not be able to aerially spray communities without doing an environmental review first.
"The emergency exemption applies to things like a fire burning out of control or a dam bursting and these facts just do not equate with that," said Santa Cruz Assistant County Counsel Jason Heath.
In fact, documents cited in the case show some federal officials themselves did not consider the moth to be that serious a threat, calling it a "transient pest."
Another USDA official called spraying the chemicals from the air and using them for eradication "largely untested strategies." The official even said in a 2007 email of using the pheromone product Checkmate, that "it is being applied in a way that we believe may seriously compromise its effectiveness, which may have been problematic to start with."
Instead, County Counsel Heath said the record shows the agencies were really worried about money.
"What the record was focused on was potential economic damage revolving around trade embargo," Heath said.
The ruling is great news for Santa Cruz County residents. Spraying targeted for early June now will be delayed, at least for a few months.
Also on Thursday, Governor Schwarzenegger announced the state will now wait until some tests for acute toxicity of the sprays are completed before going ahead with the program.
But even residents know the reprieve is temporary.
"This is only a delay in the program, it doesn't end it, we need to have it permanently ended so our work isn't completed," said Emily Levy with the California Alliance to Stop the Spray.
And how will it impact plans to spray the Bay Area in August?
Oakland city attorney John Russo said a lawsuit from his city is "probable." He says residents are fighting the agriculture industry as well as the state.
"They are hardworking and they are relentless in pursuing the agenda of the agriculture industry at the State Capitol," Russo said.
San Francisco Mayor Gavin Newsom said this fight will continue.
CBS 5 Investigates asked the Mayor: "What do you think is your strongest weapon in trying to get it stopped?"
Newsom answered, "Moral authority, that always is. That's the strongest weapon. People are not going to sit back and watch as planes go overhead and start dumping potential toxic substances. Won't happen. Can't happen."
Governor Schwarzenegger's decision to put a temporary hold on spraying until more testing is completed came after he met with State Senator Carole Migden and Marin County officials Thursday. Mayor Newsom said San Francisco city officials have also been in contact with the governor and applying pressure there.
(© MMVIII, CBS Broadcasting Inc. All Rights Reserved.)