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Helping Our Peninsula's Environment (c) Copyright 2007-2009 HOPE |
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Illegal and Unscientific Aerial Spraying of Untested, Secret Pesticides on Children and Cities of Monterey Peninsula and Santa Cruz by Gov. Schwarzenegger's CDFA & Pres. Bush's USDA - 2007-2009 En Espanol
Why is this Man Holding His Breath? |
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The Good, the Bad, and the Worthless |
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In 2007 the Bush Administration's Agriculture Dept (USDA) and APHIS agency created a scientifically unjustified program to aerially spray untested, unwanted Pesticides on the California cities of (and wild habitats neighboring) Monterey and its Bay, Santa Cruz, Alameda, San Jose and San Francisco. This program is to "eradicate" an innocuous Australian moth (the Light Brown Apple Moth, or LBAM) which has lived in California for at least "several years" and hasn't caused a single dollar's worth of harm - none. This is partially because the moth does not kill anything; it doesn't even defoliate trees or plants. The USDA then had the US-EPA give overnight approval for California's Dept. of Food & Agriculture (CDFA) to conduct an experimental program to aerially spray cities with a new "Checkmate" Pesticide based on synthetic pheromones - every month until 2010 - but without ever testing the pesticide for harm or effectiveness. USDA then gave CDFA some $90 million dollars to conduct the spraying. CDFA then illegally crop dusted our Monterey Peninsula twice in 2007 and Santa Cruz once. HOPE prepared a comprehensive 14 point litigation strategy in August, 2007. We filed our first suit on Sept 24, 2007 to stop aerial pesticide spraying and force CDFA to use non-spraying, non-toxic alternatives. We persuaded the court to halt the spraying for 2 weeks in September 2007. Our case was finally heard on May 8th (originally scheduled for March 7, 2008*). On May 12 we won the lawsuit, Judge Robert O'Farrell agreed with HOPE that there is no emergency and ordered the aerial spraying halted until an Environmental Impact Report is completed. In 2009 the US-EPA rescinded its emergency approval of the aerially applied pesticides LBAM-F and OLR-F. Update -- We Won - Spraying Halted !!! Only a month after HOPE won our lawsuit, on June 19, 2008, CDFA and USDA conducted a joint press conference to announce they were abandoning the part of their program of spraying untested pesticides on cities and populated areas. The reality is somewhat more complex, but the aerial pesticide spraying of cities and children is over for the foreseeable future. (Watch HOPE's News column to stay up to date.) ========================== *CDFA kept delaying turning over the records they used to make their illegal decision to exempt themselves from CEQA that HOPE had to delay our originally scheduled hearing date from March to May. |
HOPE Opinion - LBAM is an Unscientific and Illegal Project The National Academy of Sciences found that the LBA Moth eradication program is not based on science. Two California Courts confirmed that the LBA Moth eradication program was illegally approved; that CDFA and USDA have systematically and intentionally deceived the public by falsely claiming that eradicating the LBA moth is not just necessary but an emergency. This is because the LBA moth does not kill anything; it does not harm humans at all, and it is not spreading. University of California at Davis Pest experts say there is no evidence it does any more harm than its native relatives in California - essentially none. The vital point is that - two years after the project began CDFA still cannot document a single dollar of damage caused by the LBA moth to California's agriculture or ecosystems - even though the LBA moth has been here for years - and possibly decades ! One reason is the LBA moth is only a "nibbler" it is not a defoliator; even on the trees it prefers - it does not eat much of the leaves. "LBA moths have been here for years and haven't done any damage, there is no emergency, eradication is impossible because the moths are too widespread, and genuine experts tell us aerial spraying won't work. When substantially more effective, non-spraying, non-toxic, and less costly methods exist, why is CDFA hostile to using the targeted pheromone baited sticky traps which is the only method known to have reduced the moth populations; they have caught and killed all but one of the 20,000 moths found in California?"– Terrence Zito, HOPE Chairman
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To Donate to Stop the Spraying -- For more info call 624-6500 or see bottom of page. |
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(Feb 2010) CDFA releases Final Program Environmental Impact Report. It is based on pseudo-science and models with essentially no scientific value. (Sept 15) Monterey City Council unanimously approves letter rejecting the LBAM program by CDFA as unfounded. Number of cities and government agencies opposing the LBAM program is now over 30. (Sept 14) National Academy of Sciences releases report on LBAM program saying that USDA used shoddy science. In response, Monterey Herald writes backwards baseless editorial rant blaming health advocates for not using science. (Aug 25) California Senate holds hearing on LBAM program. In an unprecedented move, Secretary Kawamura and CDFA willfully refuse to show up and answer questions from their employers. (Aug 1) DRAFT LBAM EIR released. It does not include any aerial spraying over populated areas. (and the PDF files are corrupted so you can't read them as of Aug 3, 2009 - Are there no limits to CDFA's incompetence?) (San Jose Mercury story) (May 13) Court ends lawsuit but astoundingly, wrongfully and harmfully, the Federal Judge is ordering the successful plaintiffs to pay the loser's (US-EPA's) legal bills ! (April 16, 2009) US-EPA revokes emergency exemptions for LBAM aerial pesticides OLR-F and LBAM-F in response to lawsuit brought by environmental groups and two California mayors. (Nov 6, 2008) LBAM Anniversary Film Screening And Panel Update "Weapons Of Moth Destruction" 7 pm at the Santa Cruz Veteran's Memorial Building (846 Front Street) A panel discussion and update follows featuring Dan Harder, Ph.D. (UCSC), David Dilworth (of Helping Our Peninsula's Environment - HOPE), John Russo (Stop the Spray Petition with 31,000 signatures), Roy Upton and Ed Porter (SC City Council member). (Oct 1) Bush halts testing foods for pesticides. (Sept 30, 2008) Governor signs Huffman Bill (AB 2765) that requires disclosure of ALL pesticide ingredients, a hearing and alternatives evaluation before spraying an urban area. (Bill Text) (Sept 25) CDFA quietly drops their Appeal of HOPE's winning lawsuit and the Santa Cruz suit as well. (Aug 5, 2008) CDFA announces new Scoping for an Expanded Project to cover all of California. Kawamura's cowardly CDFA will hold Scoping Sessions as far away from Monterey and Santa Cruz as possible - Los Angeles and Sacramento (Couldn't they find small enough halls in Escondido or Eureka?) Political pressure gets CDFA to add one session on San Jose on Aug 18th. BUT Remember -- Scoping is TRIVIAL - the actual important document/participation event is the DRAFT PEIR (Program Environmental Impact Report) 45-60 day comment period. That is the only place in California law where government is required to answer a question meaningfully !!! It is a thousand times more important to have CDFA show up in public and answer questions on their Draft PEIR. The only question remaining is - what do they mean by "populated areas?" (Did they do this so they wouldn't have to release results of Six-Pack Inhalation tests?) June - Governor-touted "Six-Pack" tests funded by USDA are reportedly already done, but not available to the public. June - CDFA/USDA are testing 4 "candidate" pesticides to replace "Checkmate." Just as HOPE predicted - they are moving the goalposts as soon as we stop them one way. June 12 Film 7:15pm "Weapons of Moth Destruction" at the San Francisco's fabulous "Roxie" Theatre, 3117 -16th Street, Panel Discussion after, lead by wonderful experts Dr. Dan Harder, Dr. Elisa Song and City of Albany's fabulous Nan Wishner. May 28 Calif. Health Hazards Agency (OEHHA) meets with HOPE and other peninsula experts (Mike Lynberg, John Russo, Dennis Knepp, Lance Houston) for 3 hours and admits half of Checkmate pesticide particles are less than 10 microns and could cause breathing and lung harm. They also admit they based their "No Link" report on the false information CDFA gave them that "there are no particles smaller than 20 microns." OEHHA refuses to rescind their report. May 25 Stop the Spray Fundraiser at Monterey's Golden State Theatre. Tickets $25. Stay Tuned. May 13 Congresswoman Barbara Lee sends letter to USDA seriously questioning whole program. May 12 We WIN! Monterey Judge O'Farrell agrees with HOPE's suit and halts Aerial Spraying of pesticides over Monterey Peninsula. (Monterey Judge's Decision) May 8 Judge O'Farrell hears HOPE's CEQA case to force CDFA to prepare an EIR before they spray pesticides again, which is identical to the case heard in Santa Cruz. CDFA has a new attorney, trying a different set of arguments. The Judge does not ask our attorney any questions, they are all directed to the CDFA lawyer. May 8 LBAM Spray in Court in Monterey (Aguajito Courthouse) at 9:am. HOPE asked Court to Require CDFA to Prepare and Environmental Impact Report as required by CEQA. (HOPE's case had to be delayed to May 8 because CDFA dragged their feet for 6 months in getting us the evidence, i.e. the administrative record - the files they used to make their decisions.) May 8 County Weekly's Kera Abraham writes snide comment in Squid trying to disparage HOPE (and goofily linking us with FOX-news) claiming there is no Court Hearing today. (Guess which news media missed the hearing ;-) August 17 Governor Schwarzennegger announces that after testing (with secret labs hired by CDFA) the aerial pesticide spray has absolutely no effect on all humans and animals and the spraying will commence this evening -- although he will not be able to attend the Gala Spray Resumption event. May 6 SF Chronicle "Agriculture Department spokesman Steve Lyle said he expects spraying to begin the day the moratorium is lifted." that would be the Governor's moratorium set to expire August 17th. May 6 Monterey Herald reporter Laith Agha writes front page story criticizing HOPE's gift of a non-spraying, non-toxic alternative (Targeted use of Sticky Traps), but entirely fails to mention, let alone describe, the key, the primary point of HOPE's proposal - Targeted Use as opposed to saturation of an area with Sticky traps. May 5 HOPE's Dilworth presented our non-spraying non-toxic solution "TARGETED Sticky Trap solution" to CDFA's LBAM Task Force at Monterey Beach Hotel. At the same meeting CDFA showed LBAM capture data indicating the spray might be hurting the problem - increasing the number of LBA Moths - making the problem worse. Stay Tuned. April 30 Monterey City Council Spray Public Meeting - 7:00 pm Panelists included local experts including HOPE's Executive Director Dilworth. CDFA's Kawamura backed out and refused to send any staff claiming Senator Feinstein had called him to Washington DC. It turned out Kawamura made up yet another "fish story." Feinstein's staff said Kawamura was never called to DC by the Senator. He (not she) scheduled a courtesy visit with her staff while meeting with the Dept. of Homeland Security to discuss "pest" issues and he even cancelled that meeting! Apr 28 California Senate Environmental Quality Committee unanimously adopts a Resolution (not a law) by Carole Migden calling for a moratorium on aerial spraying for the light brown apple moth (LBAM) * April 24 We WIN. Aerial Spraying Halted. Superior Court Judge Burdick orders CDFA to rescind their decision to proceed with aerial spraying (and the rest of the program) until they have prepared legally required Environmental review as required by CEQA. This halts all CDFA (not USDA) efforts to control the LBA Moth, not merely aerial spraying. It is not clear whether this order applies to the rest of California. Governor S., in an effort to bury our victory, announces that no spraying (all other methods are OK) will occur until after the California Legislature is done for the year and a few likely studies of the health impacts of the spray are conducted. April 24 Spray in Court in Santa Cruz, County and City asking Court to Require CDFA to Prepare Environmental Impact Report. (HOPE's case had to be delayed to May 8 because CDFA dragged their feet for 6 months in getting us the administrative record - the files they used to make their decisions.) (Mar 11) City of San Anselmo passes resolution opposing aerial spraying program. (Mar 5) Oakland City Council unanimously adopts resolution opposing aerial LBAM spraying. (Mar 4) The Pentagon Releases Gas in Virginia City (Feb 22) Oakland Assemblyman Sandre Swanson introduces "Consent" bill requiring voters to approve any aerial pesticide spraying of cities. (AB 2892) (Feb 22) SF Chronicle Editorial skeptical of aerial pesticide spraying. "Moth Eaten Plans." (Feb 21) CDFA Task Force Chair Robert Leavitt agrees to let HOPE present the "Targeted pheromone-baited sticky trap" solution at their next meeting - in July or August. (Feb 13) CDFA Announces Monterey area Spraying to Resume on June 1. But if HOPE wins lawsuit set for March 7, CDFA spraying must halt until EIR is done. Astonishingly, CDFA has not yet turned over even a single page of paper even though the court date is less than a month away. (Jan) Herald Investigative Reporter Julia Reynolds finds CDFA signed a half a million dollar contract in November with a giant Public Relations firm (to falsely imply the spray is safe). (Jan 22) City of Albany votes unanimously to oppose aerial spraying. Albany is 5th California city to formally oppose aerial spraying in addition to Santa Cruz County. (Jan 22) CDFA intends to continue aerial spraying of Monterey Peninsula in late spring (April?). CDFA says they will add use of traps, but using poison rather than just "sticky traps" and the traps will not be targeted to the minimum areas necessary." (Jan 22) HOPE organizes rally for Safe, Clean air outside CCOF annual meeting - and is invited to address their annual meeting. (Jan 19) Town Hall Meeting on SF Bay Area Spraying to be held at Berkeley's Hillside Club Feb 24, 5-7pm (Jan 10) Gov. Schwarzenegger's CDFA is still hiding documents HOPE needs to take CEQA case to court. Because of this we've had to delay our court date until March 7th -- after the time CDFA said they will resume spraying in "February."(Jan 5) Giant Public Health Loophole Exposed -- CDFA admits "[We have] neither the jurisdiction nor expertise to conduct an epidemiological study of the complaints, and no public health agency at this point has said they will review the illness claims."(Jan 2) San Francisco Bay Guardian cover story: "How monumental estimates of a tiny invasive moth's economic and environmental impacts are threatening San Francisco with aerial spraying"(More News Below)
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1. Courts Rule LBAM Is Not an Emergency (and it is not a Problem either). 2. UC Davis Team of Experts say Government Aerial Spraying Won't Work; Eradication is Impossible. 4. Sticky Traps Work -- Safe, More Effective Solutions Ignored 6. (New Fall 2009) National Academy of Sciences finds Eradication Decision was not based on science. ==================== 1. Courts Rule LBAM Is Not an Emergency (and it is not a Problem either). (Two Courts Rule CDFA's LBAM "Emergency" Claim is bogus -- a False Alarm) primarily because the moth has done No Damage (zero) - even though it has been in California for years. Both Judges order an Environmental Impact Report before any further aerial spraying. April 24, 2008 a California Deputy Attorney General was forced to admit to the Court that LBAM has cause "no documented damage" to California ecosystems or agriculture - even though CDFA's own head entomologist Robert Dowell admitted the LBA moth has been here for "several years" (KXRA Radio Sept 10, 2007) and UC Davis entomologists say the moth has possibly been here for decades. (Even Secretary Kawamura admitted LBAM has been in California for "three to, at the outset, 6 to 7 years" (KKGN radio April 24, 2008), but Kawamura is notoriously reckless with facts; has shown his persistent hostility to undisputed facts, making it dangerous to quote Kawamura even when he helps make the case against spraying.) --------- 1b. LBAM Is Not a Problem either. UC Santa Cruz Dan Harder, PhD. says "LBAM is a 'nibbler' not a defoliator." It does not "attack" or "destroy" plants. LBAM does not kill anything. The damage the moth causes fruit is incidental and mostly cosmetic. LBA Moth has been in New Zealand for 100 years alongside the Monterey pine tree farms – yet their government does not consider it a serious pest for Monterey pines. Yet CDFA’s John Connell persistently raises the powerfully deceitful (scientifically unsupported) fear that we would lose our native Monterey pine forests - even though conifers don't have "leaves." (LBAM only nibbles on plants by rolling up inside of and eating leaves - not pine needles.) --------- 1c. LBAM is Not Spreading. --------- 2a. The LBA moth is so widespread, from Los Angeles to Napa north of San Francisco, 2b. Aerially spraying pheromone pesticides is an unproven experiment that has never Eradicated anything. 2d. USDA and CDFA have never conducted a successful eradication program using pheromones. 2e. The LBA moth can be reintroduced so easily. LBAM was found in US imports more than 55 times since 1984. Primarily Hawaii, but also Los Angeles and Oakland. No one knows how many more times it landed in California undetected before or since 1985. --------- 3. Hundreds Report Harm; 643 Complaints of Health Harm after Aerial Spraying of Untested Pesticides are compiled by private citizen - not a Public Health agency. Public Health agencies then neglect to interview any physicians or victims who filed complaints. Finally they conspire with CDFA to mislead the public and falsely claim the spray is safe. Press Release. Executive Summary. Full Report (8 megabytes) 3b. Doctors & Agency Experts say Spraying Checkmate Pesticides Can Harm People, especially Children 3c. Untested Checkmate Pesticides Are Not Just Pheromones --------- 4. Sticky Traps Work -- Safe, More Effective non-spraying, non-toxic Solutions Ignored Aerial Spraying and Twist Ties do not catch or kill the LBA moths - sticky traps do. (Graphic showing targeted use of Use of Sticky Traps) 4b. Male Moths can be irradiated to make them sterile, then released - just like they do for the Medfly. -------- 5. Staffocracy Run Amok - Wrong People (Bureaucrats) are Making Spray Decisions, Intentionally Ignoring Public Health Harm, Still Hiding Vital Secrets, and undermining Democracy 5a. Who Decides? Only a person can choose to be in a Medical Experiment, to approve getting sprayed with pesticides, yet the Spraying Decision was Not Made by any Elected Officials Not even one Elected Official approved aerial spraying - only bureaucrats 5b. Government's Head is Intentionally in the Sand on Public Health Harms No Public Health Agency Is Required to Investigate Health Problems - and none are doing so. No Public Health Agency, State or Federal, is collecting, investigating or evaluating the hundreds of complaints of unusual symptoms arising during and right after the aerial spraying of humans. 5c. Half a Million Dollars Spent on "Public Relations" Spin. CDFA secretly signed a half a million dollar contract in November 2007 with an international Public Relations firm to "spin" the facts you read here and sell the public their "whoppers." Herald investigate reporter Julia Reynolds found this with a Public records request. The no-bid contract was cancelled in March 2008 after Associated Press investigated further and wrote about it. 5d. Government is Still Hiding Vital Secrets Checkmate Pesticides contain secret ingredients misnamed "inerts." An LA Times editorial gets the names of some ingredients released for (only) one of the two Checkmate pesticides, but their concentrations remain secret. 5e. USDA Spokesman Larry Hawkins Hides from Questions - refuses to be on radio talk show if "Dilworth from HOPE" is a guest or if the show allows call-in questions. End ____________ * Spray Myths vs Facts ** * * |
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Demand every Elected Official Formally Support 'Non-Aerial Spraying Least-Toxic Alternatives' !(But Please tell your friends NOT to threaten staff and NOT use name-calling. It is OK to express your anger, BUT threats and name calling hurt our efforts by making it painful for elected official's staff who might personally oppose aerial spraying.)* Call Leading Congresswoman Nancy Pelosi from San Francisco ! (415) 556-4862 (She sent a letter of Concern to the Governor, but needs to send a letter to USDA insisting LBAM be reclassified.)* Call Congressman Sam Farr (In Monterey - 831-649-3555; In Santa Cruz 831-429-1976) Farr SUPPORTS Spraying us with the Pesticides. He told one person "Its absolutely necessary to avoid economic disaster locally." Farr has asked tough questions of USDA in a hearing, but still has not opposed the spraying or supported non-aerial spraying or non-toxic solutions.) ** Write Letters to the Editor and include Farr and Pelosi's names in your letter.__________________Progress Chart (Who’s on Board vs Who's Hiding) ** Call Assemblyman Laird (649-2832) Insist he officially support "Non-Spraying Alternatives" He was formally asked in October 2007, but so far has declined to do so. * Call and Write Newspaper Opinion Page Editors -- (Monterey Herald = 646-4381)* Call Governor Arnold (916-445-2841; then press 5; than press 0 - and you should get a real person) ================== To Join HOPE’s update email list - email Info7 at 1hope D0T org -- or call (831) 624-6500. ================== To Donate to Stop the Spraying
Groups Working to Stop the Spraying (The Good Actors -- HOPE does not criticize or applaud individuals, we only publicize good and bad actions by individuals, agencies or groups.) HOPE (That’s us. Click here to see what HOPE has done for you lately.) Stop Overhead Spraying (Mike Lynberg) Stop The Spray (The Petition, by John Russo and Isabelle Jenniches) Pesticide Watch (Paul Schramski) Assemblyman Sandre Swanson (introduced bill to give voters ability to stop spraying) "Weapons of Moth Destruction" (Film by Laura Vitale) website CBS-5 TV Investigative Reports ! (San Francisco) Joanie Greggains (KGO Radio Host) Senator Carole Migden (Her Resolution to halt spraying got unanimous Senate Env Comm approval) Representative Barbara Lee (asked USDA to halt spraying until adequate safety tests are completed.) LBAMspray.com (lots of other links) Coalition of California Cities to Stop the Spray (Mike DeLay) LBAM Call to Action (Janis DeLay) Pesticide Action Network of North America Fort Ord Environmental Justice Network (LeVonne Stone and Sylvia Quarles) 277-5421 New Monterey Neighborhood Assoc. NewMontereyNeighborhood.org (Barbara and Bob Evans) EON Productions - video of important meeting and experts. =================== Bad Actors & Government Agency Webpages(HOPE does not criticize individuals, we only publicize good and bad actions by individuals, agencies or groups.)CDFA's Kawamura's astoundingly Misleading claims, by Albany Mayor, Robert Lieber, RN Would CDFA Secretary Kawamura Lie to You? The Boy Who Cried Wolf - A.G. Kawamura Calif. Dept of Food and Agriculture page on Aerial Spraying project. (Replete with highly biased, unsupported anti-scientific claims) US Dept of Agriculture page on Light Brown Apple Moth (USDA is the same agency, the same bureaucrats that approved giving school children 144 million pounds of tainted Beef. Feb 2008) US-EPA LBAM Webpage This is the agency that actively neglects its duty to protect us from pesticides. US-EPA didn't even allow 24 hours for public comment when they rubber stamped approval of Checkmate pesticide - (EPA Exempted Checkmate LBAM-F from any Pesticide Toxicological Testing Jul 24, 2007) California Dept of Pesticide Regulation (DPR) California Office of Environmental Health Hazard Assessment (OEHHA) ========================== (HOPE does not criticize individuals, we only publicize good and bad actions by individuals, agencies or groups.) Sea Otter Project (The only so-called environmental group which has publicly advocated for aerial spraying of cities. It is no surprise CDFA chose SOP's Steve Shimek for the CDFA "rubber-stamp" Task Force; on that task force he is taking every opportunity to advocate for and defend CDFA's pesticide spraying of our cities.) Warning -- HOPE is particularly wary of a group in Santa Cruz called "California Alliance to Stop the Spray" or "CASS" and its de-facto director Foster Gamble. While they claim to be working to halt aerial spraying (HOPE was invited to help with their startup meeting and strategy), and they have contributed some positive efforts, in our opinion CASS seems to spend huge amounts of other people's time, energy and resources - which discourages people who are working effectively to halt the spraying. Alarmingly, CASS opposed a bill that would have let people vote to halt spraying. Mr. Gamble recently repeatedly insisted that another group remove an effective petition from the other group's website. !?!?While HOPE appreciates some of their efforts, because of their unpredictable and sometimes discouraging actions -- HOPE disavows any affiliation or support for CASS or Foster Gamble's work. ===================== The following people are generally a waste of time because these people have a long track record of not giving a hoot about your health or our environment, but if you wish -- * John Connell (the arrogant one-sided bureaucrat behind the throne) his Direct number is 916-654-7272 * Senator Maldonado (657-6315) * Supervisor Dave Potter (647-7755) to have him agendize halting our County Agriculture Agriculture Commissioner (Eric Lauritzen) from Issuing a Spraying Permit. USDA's Osama El-Lissy, Director, Emergency Management, APHIS – USDA President Bush -- 202-456-1111 ================== LBAM Flyer - 1 page (Petition on back - a bit dated and Monterey specific) Safe Solution - Sticky Traps (2-sides) Symptoms and Illnesses Report Form (PDF file), (Word Version, RTF) Jan 2nd, 2008 Report of 643 Documented Complaints after Aerial Spraying. Press Release. Executive Summary. Full Report (8 megabytes) Science UC Davis Pest Experts - LBAM is No Problem and Aerial Spraying "Won't Work." CDFA Eradication History - 274 Failures - Zero Successes 1982 - 2007 Dr Haferman Letter on Checkmate Pesticide Drifting a long distance from where it is sprayed Dr. Song Letter - Need Extra Concern for Harm to Children's Health Politics
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(Jan 2) HOPE CEQA Lawsuit set for Hearing March 8th in Monterey. CDFA still has not turned over files they based their emergency decision upon. (dd: Pray for rain until March.)(Jan 2) Report of 643 Documented Complaints after Aerial Spraying. Press Release. Executive Summary. Full Report (8 megabytes) (Dec 14) Preliminary Analysis shows LBA moths might INCREASE after the spraying. (Dec 14) Aimee Allison of KPFA in Berkeley California hosts 30 minute interview on pesticide spraying coming soon to San Francisco; with Santa Cruz Councilman Tony Madrigal and HOPE’s Executive Director David Dilworth. (Dec 13) US-EPA (Larry Gottesman) Refuses to release List of Checkmate Pesticide Ingredients in an expedited manner and refuses to give HOPE a waiver of fees – insists on charging $700 for a simple list of the Checkmate pesticide ingredients (in response to HOPE's Oct 16 request). (Dec 12) USDA releases map showing San Francisco has the second highest density of LBA moths (400 per square mile) after Santa Cruz. If CDFA is not planning to spray San Francisco with pesticides – why are they spraying us? (Nov 20) Federal Judge James Ware (the judge caught lying) ducks ruling on Civil Rights lawsuit to protect citizens from aerial pesticide spraying. While much of the lawsuit was about state claims, Civil Rights are explicitly Federal Laws and are properly heard in a Federal Court.(Nov 15) CDFA Secretary Kawamura holds another fake meeting – this time in private. Even though the public is not notified of, or invited to, the meeting, CDFA tries to falsely claim it was a public meeting. CDFA explains that "they didn’t want a lot of shouting or finger pointing" – but still claims it was a public meeting. Kawamura collects some of the most supportive and least informed people for a "Task Force" to give them one-sided presentations and minimize public concerns. Examining the "Sticky trap" alternative to aerial spraying is not on the agenda. (Nov 7) CDFA begins Aerially Spraying Santa Cruz County. (Nov 5) Federal Judge James Ware refuses to delay aerial spraying. Sets evidentiary hearing for Nov. 21. (Nov 4) Spraying delayed due to thick fog.(Nov 2) Three Santa Cruz residents file Civil Rights and Due Process claims in Federal Court in pro per (without lawyers). (Nov 1) County Judge refuses to delay aerial spraying for County of Santa Cruz. The County, like HOPE is pushing ahead with CEQA suit to get it to court before Spring spraying. (Oct 29) County of Santa Cruz votes (4-1) to sue CDFA to stop Spraying. They plan to file suit on Wednesday. HOPE is assisting them. (Oct 24) Spraying Scheduled to resume tonight over Monterey Peninsula, this time using Checkmate LBAM-F(Oct 23) California Agricultural Secretary Kawamura admits that he would stop spraying if he gets evidence from a doctor there would be harm to a single child. CDFA’s John Connell admits the LBA moth has caused "no crop damage in California."(Jan 10) Gov. Schwarzenegger's CDFA is still hiding documents HOPE needs to take CEQA case to court. Because of this we've had to delay our court date until March 9th -- after the time CDFA said they will resume spraying in "February." (Jan 5) Giant Public Health Loophole Exposed -- CDFA admits "[We have] neither the jurisdiction nor expertise to conduct an epidemiological study of the complaints, and no public health agency at this point has said they will review the illness claims." (Jan 2) San Francisco Bay Guardian cover story: "How monumental estimates of a tiny invasive moth's economic and environmental impacts are threatening San Francisco with aerial spraying" (Jan 2) HOPE CEQA Lawsuit set for Hearing March 9th in Monterey. CDFA still has not turned over files they based their emergency decision upon. (dd: Pray for rain until March.) (Jan 2) Report of 643 Documented Complaints after Aerial Spraying. Press Release. Executive Summary. Full Report (8 megabytes) (Nov 20) Federal Judge James Ware (the judge caught lying) ducks ruling on Civil Rights lawsuit to protect citizens from aerial pesticide spraying. While much of the lawsuit was about state claims, Civil Rights are explicitly Federal Laws and are properly heard in a Federal Court. (Nov 15) CDFA Secretary Kawamura holds another fake meeting – this time in private. Even though the public is not notified of, or invited to, the meeting, CDFA tries to falsely claim it was a public meeting. CDFA explains that they didn’t want a lot of shouting or finger pointing – but still claims it was a public meeting. Kawamura collects some of the most supportive and least informed people for a "Task Force" to give them one-sided presentations and minimize public concerns. Examining the "Sticky trap" alternative to aerial spraying is not on the agenda. CDFA/USDA Filed Request to Dismiss Edna Williams case on Pesticide Aerial Spraying’s Civil Rights and Due Process violations for lack of subject matter jurisdiction. This is scheduled for hearing in San Jose Federal Court Nov 20th. |
Untested Checkmate Pesticides Are Not Just Pheromones and not Harmless The two Checkmate pesticides sprayed on us (OLR-F and LBAM-F) are not just pheromones, they are an untested cocktail of secret chemicals. According to a US-EPA document accidentally emailed to the Santa Cruz Sentinel Checkmate LBAM-F includes the following chemicals -- Inert ingredients include -- water, polyvinyl alcohol, tricaprylyl methyl ammonium chloride, sodium phosphate, and polymethylene polyphenyl isocyanate (PMPPI). (EPA later denied the isocyanate is in the product. But because EPA never tested the product, this is not a credible claim. Suterra later confirmed that PPI is one of the ingredients, but disingenuously claims it is all gone in the final product.) The pheromones of LBAM-F are -- (Z)-11-Tetradecenyl acetate, 11-Tetradecen-1-ol, acetate, (E)-. (Wikipedia pesticide Definition) ================ * Human Harm - Executive Summary of 643 documented complaints after aerial pesticide spraying of Monterey and Santa Cruz cities over children and wildlife (Jan 4, 2008). Press Release. Full Report (8 megabytes) ============== In spite of all this - No one, not a single government agency, is studying the health impacts from the aerial spraying of pesticides on cities. All CDFA is doing is collecting the complaints. USDA isn't even doing that much. Calif. Dept of Public Health is avoiding this like it was a hot potato.===================== ReferencesExcellent article in Environmental Science and Technology Journal, Dec 5, 2007 Toxic Pesticides Normally Drift and Cause Harm at a Distance - But California's Pesticide Agency (DPR) Fights Against Public Health and Fights for Pesticide UseResources –National Pesticide Information Center- 800 858-7378 Pesticide Database Report on Checkmate Pesticide Database explaining in context what "Slightly Toxic" means to our health. __________________* Progress Chart (Who’s on Board vs Who's Hiding)__________________ __________________ Two of the three lawsuits filed to stop the spraying were successful: HOPE's California Environmental Quality Act (CEQA) suit filed in State Court in Monterey on September 24, 2007; the County and City of Santa Cruz CEQA suit filed an essentially identical suit in Santa Cruz about a month later. Edna Williams et all filed a non-lawyer suit )pro-per) in San Jose Federal Court. Santa Cruz Suit Hearing -- April 24 (in Santa Cruz) - WE WON (CDFA Lost!) HOPE's suit Hearing -- May 8 (Monterey) We Won Again. Even though HOPE's suit was filed first, the Santa Cruz case was heard first because CDFA dragged their feet getting us the evidence (Administrative record) until after our first Hearing date. CDFA futilely claimed they are exempt from CEQA because LBAM is an emergency. While CEQA does allow emergency exemptions - they are only for short term projects to alleviate sudden, unexpected "events" such as a tree falling blocking a road, an avalanche impairing a utility or a flood. Emergency Exemptions are not allowed for long term projects, or for projects to alleviate a "condition." In September, 2007 HOPE obtained a stay (a TRO) that halted the spraying for two weeks. We were trying to get the spraying halted until our CEQA suit was heard (It usually takes 9 months) Some people (like the Carmel Pine Cone writers) mistakenly believe that the TRO was the lawsuit. |
So What has HOPE Done for You Lately? HOPE got the many snowballs rolling. 1. Leading Public Objection to Spraying 2. Focused Effective Action - Litigation 3. Leading Focused Organizing 4. News Updates and Public Education 5. Turning Research into World Class Expertise 6. Prying Vital Information out of Government 7. Support Services for Individuals and Groups 8. Identifying Key Topics 9. Preparing Safe Alternatives 10. Legislative Loophole Research 11. Monitoring Support Progress 12. Celebrating Success ============================ 1. Leading Public Objection to Spraying CDFA internal email - "We were doing fine until a 'highly organized group" raised vociferous objections."
2 Focused Effective Action - Litigation HOPE filed the first lawsuit to stop the spraying on September 24, 2007. (A month later Santa Cruz County filed an almost identical suit.) No Monterey area city, community group or individual joined HOPE's suit (even though they were asked), though the County and City of Santa Cruz filed an identical suit to our a month or so later. (Argued brilliantly by Santa Cruz County Attorney Jason Heath) * HOPE's efforts were the first to actually stop aerial pesticide spraying of our cities (October 10, 2007) with a Temporary Restraining Order although it only lasted for 2 weeks. (Unfortunately, Santa Cruz County attorneys tried to achieve the same thing later, but failed.) HOPE researched and wrote a comprehensive litigation strategy in September 2007, including the use of our Constitutional Right to Obtain Safety and the use of common law including trespass and nuisance, HOPE wrote a comprehensive action strategy in September 2007, with Goal # 1 of "putting out the fire" (stopping the aerial spraying), To Donate or Volunteer to Help HOPE PERMANENTLY Stop the Spraying (click here) -- 3 Leading Focused Organizing HOPE organized dozens of people for dozens of the original public meetings on this issue (in Monterey and Pacific Grove); distilled the complex issues into powerful sound bytes, prepared numerous FlipChart, Powerpoint, and overhead presentations for public education, participated in meetings where we successfully persuaded the first government agencies to officially oppose the aerial spraying; the cities of Monterey and Pacific Grove; cities which do not normally oppose anything environmentally harmful, (LeVonne Stone and Sylvia Quarles of FOEJC organized many people to the very first CDFA/USDA "fake" meeting in Seaside) HOPE organized the Safe, Clean Air rally at California Certified Organic Farmers's (CCOF) 2007 Annual Meeting, where CCOF's President then invited HOPE to make a 3 minute presentation, which lead to CCOF's position changing to oppose the spraying, 4 News Updates and Public Education HOPE has provided breaking news on the LBAM spraying since August 2007. (We do the same for all issues wework on). We translate bureaucratese, law and technical science into understandable everyday English. HOPE serves as a credible source of information on issues, because we carefully verify all information we provide. HOPE shares its science, law and strategy expertise worldwide through our website, Newsletters, Alerts, Press Releases and media education. We send information to the many groups, media, passionate individuals (and to give bureaucrats every possible chance to do the right thing). We even give the offending and hostile government agencies the best available environmental impact and alternatives science and give them plenty of warning of the laws we intend to use to stop the aerial spraying of untested secret pesticides on us; on children, cities, public areas and wildlife habitats, HOPE has spent hundreds of hours keeping all interested parties, especially activists, public officials and the media, updated with accurate, verified information to provide a reliable source of information for this issue (in spite of two serious computer failures since this battle began). We have provided expert research to dozens of TV, radio, web and print media, given interviews and been quoted in the Associated Press, LA Times, NPR, International Herald Tribune, The (British) Guardian, the SF Bay Guardian, Chronicle, KGO, KPFA, and an unknown number of other media outlets. (for a sample see Google News archives) HOPE successfully debated Secretary Kawamura and his "Fish Stories" on several radio shows including KGO. 5 Turning Research into World Class Expertise HOPE is not merely effective, we are experts on the issue - because we research, distill and use the best available science and the strongest laws. HOPE has conducted hundreds of hours of expert science and legal research on this issues, and are experts on the science of many of the several dozen facets of aerial pesticide spraying and for legal matters. To Donate or Volunteer to Help HOPE PERMANENTLY Stop the Spraying (click here) -- 6 Prying Vital Information out of Government Since August 2007 HOPE has shaken loose vital information on the aerial spraying from government and corporations. HOPE's lawsuit and our Public Records requests have revealed some of the secret pesticide ingredients and the fact that LBAM has caused absolutely zero documented damage to California. HOPE co-organized and moderated a meeting with 10 public health officials from three state agencies on May 28, 2008. (Calif Dept of Public Health, Dept of Pesticide Regulation and Office of Environmental Health Hazard Assessment or OEHHA) and 7 community members. At the meeting OEHHA public officials admitted that the pesticide particle size was small enough to harm lungs - contrary to the false facts they based their "No Link" report on. OEHHA refused to commit to withdrawing their report or even revisiting it. OEHHA also admitted the Press Release for their "No Link" report did not correctly represent their report's conclusions and that they did not know who was responsible for wrong Press Release. 7 Support Services for Individuals and Groups HOPE has provided expert research and advice for dozens and dozens of individuals, groups, public officials, government agencies, attorneys (and even government lawyers) working to stop the spraying - the best available science, the strongest laws, organizing tools and advice on tactics and strategies. For example HOPE helped (in very small ways like preparing the forms and press release) Mike Lynberg and Stop Overhead Spraying with their vital research and report on medical symptoms after the aerial spraying of pesticides on our communities, 8 Identifying Key Topics HOPE was the first to report the "moderately toxic" nature of the pesticide admitted by USDA which they aerially sprayed, HOPE publicly identified that there is no public health agency collecting, analyzing or reporting on the health impacts on the humans subject to the aerial spraying, and then we created the only spray monitoring plan, 9 Preparing Safe Alternatives HOPE also provides expertise on feasible, more effective non-spraying non-toxic alternatives, so we created a viable, more effective, safe non-spraying solution - the Targeted use of pheromone-baited sticky traps which has now been partially adopted by CDFA, (But CDFA as irrational as ever insists on adding a strong toxic to the sticky traps - even though the traps kill just as many moths without any added toxics.) HOPE does not approve of toxic pesticide use, we try to get agencies to use mechanical methods. 10 Legislative Loophole Research HOPE analyzed and prepared six ideas for state legislation (including Informed Consent) which were endorsed by the Santa Cruz City Council, 11 Monitoring Support Progress 12 We Celebrate Success HOPE provides leadership and encouragement awards for those actions which have significantly helped stop the aerial pesticide spraying of our cities. __________ While all of California's people and wildlife could not have won this landmark victory against the villainous bureaucrats without the fabulous supportive network, and huge number of highly informed, passionately focused and effective people now working hard and spending thousands of hours, (many - actually most - of whom have never before fought an environmental or democracy battle !!!) ... To Donate or Volunteer to Help HOPE PERMANENTLY Stop the Spraying (click here) --
For more information please call 831-624-6500. # # # |
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(Nov 5) Federal Judge James Ware refuses to delay aerial spraying. Sets evidentiary hearing for Nov. 21. (Nov 4) Spraying delayed due to thick fog. (Nov 2) Three Santa Cruz residents file Civil Rights and Due Process claims in Federal Court in pro per (without lawyers). (Nov 1) SC County Judge refuses to delay aerial spraying for County of Santa Cruz. The County, like HOPE is pushing ahead with CEQA suit to get it to court before Spring spraying. (Oct 29) County of Santa Cruz votes (4-1) to sue CDFA to stop Spraying. They plan to file suit on Wednesday. HOPE is assisting them. (Oct 24) Spraying Scheduled to resume tonight over Monterey Peninsula, this time using Checkmate LBAM-F (Oct 23) California Agricultural Secretary Kawamura admits that he would stop spraying if he gets evidence from a doctor there would be harm to a single child. CDFA’s John Connell admits the LBA moth has caused "no crop damage in California." (Oct 22) Santa Cruz City Council Votes to Sue to halt spraying and hires another excellent CEQA attorney – James Moose. (Oct 20) Governor Orders Release of names of chemicals in one of the pesticides (LBAM-F). He fails to order release of the concentrations of the chemicals and fails to release chemical names of pesticide (OLR-F) that may have caused 117 illnesses. Has not yet ordered use of Sticky Traps – the only known effective solution. (Oct 19) LA Times Editorial on Pesticide Secrets (Oct 18) Spray in Court: Even with a seriously unprepared Deputy Attorney General the Judge is inclined to lift a halt to spraying (injunction), but he wants reassurance of public of safety with monitoring. After a 3 hour wait, CDFA essentially provides only a pesticide spray tank cleanliness monitoring plan! The Judge is clearly not satisfied. In the same 3 hours HOPE prepares and provides a complete monitoring plan for human, insects, wildlife, pets, water and endangered species that requires a Public Health agency (not CDFA) and Fish and Game Dept to collect, analyze & report information. (Oct 18) Suterra again asks Monterey Court to seal documents. This time it is opposed not just by HOPE, but by Santa Cruz Sentinel and Monterey County Weekly. (Oct 17) Open Court Hearing tomorrow morning on whether to continue Aerial Pesticide Spraying halt until HOPE’s CEQA case is decided. Monterey County Courthouse in Monterey on Aguajito Rd at 9:am. Everyone is welcome, but please bring respect for the seriousness of the Court and leave signs and posters at home. We should win on the facts and the law. |
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(Oct 16) HOPE's FOIA request to US-EPA for list of Checkmate pesticide ingredients. (Oct 15) The Pesticide manufacturer, Suterra, asks the Judge to hide ("seal") all court papers including those describing the names of their pesticides’ ingredients and their toxicity to humans, even though the ingredient names have been printed by Santa Cruz Sentinel, Monterey County Weekly and Monterey County Herald. (Oct 15) US-EPA who accidentally leaked the names of Checkmate pesticide ingredients which turned out to be harmful, is now trying to claim one harmful ingredient they disclosed, PPI, is not in the pesticide. (Oct 14) HOPE gives 21 "Safe, Clean Air Awards" and Citations to people who generously gave their time, expertise and credibility to helping stop the Spraying. (Oct 10) Monterey County Judge agrees with HOPE’s lawsuit and Halts Spraying Scheduled for tonight (Wednesday). This stops the spraying for about 10 days when HOPE’s attorney, Alexander Henson, will ask the Court to delay the spraying until the full lawsuit is decided in 12-18 months. (Oct 9 - 10:pm) City of Santa Cruz votes to either join HOPE’s lawsuit or file separate suit to stop spraying. (Oct 9) Aerial Spraying Postponed (24 hours?) by CDFA due to Rain and Wind. (Oct 8) *** TRO should be decided tomorrow before 5:pm - before spraying planned for tomorrow night. There likely will NOT be a hearing in Court, the judge may decide the issues just on the papers filed. (Oct 5) HOPE files TRO with Monterey County Superior Court to stop Spraying scheduled for Tuesday. (Text of TRO – Termporary Restraining Order) Oct 4 City of Seaside votes to Oppose Spraying Oct 2 Monterey City Council adopts strong resolution against Aerial Spraying of Checkmate Pesticide (text not yet available). (Oct 2) Monterey City Council today to discuss 1. Whether to join HOPE’s suit (ask them in 4:00 session public comment to do so) , and 2. Resolution about the Spraying (ask them in 7:00pm session to include "Support for non-spraying Alternatives") (Sept 28) PANNA (Pesticide Action Network strengthens their concern and opposes Aerial Spraying "Until CDFA responds to legitimate community and scientific concerns about efficacy and safety, PAN cannot support further aerial spraying." (Sept 27) Numerous news stories on HOPE’s lawsuit. (KSBW, KION, Herald, KSMS, Santa Cruz Sentinel, Metro Santa Cruz) (Sept 26) Monterey County Weekly Reports on HOPE’s lawsuit, the many people who got sick and the $140,000 campaign contribution to the Governor by the Pesticide Manufacturer (by Kera Abraham). (Sept 24) HOPE Sues California Dept of Food & Agriculture for violating Environmental law (CEQA) (Full text of Lawsuit Petition) (Sept 23) USDA planning to re-spray the Monterey Peninsula beginning on Oct 9th, 2007. They intend to Spray most coastal Santa Cruz cities soon after. (Sept 20) Illness and Symptom Claim form to request Compensation from CDFA. (Sept 19) Governor Arnold Schwarzenegger took more than $143,000 from Suterra’s owner Steve & Lynda Resnick, the manufacturer of the Checkmate chemical, which is being sprayed from airplanes on our Monterey Peninsula cities. (Thanks to ArnoldWatch) (Click here to see all contributions by the Resnicks on California Secretary of State's website). (Click here to see contributions to Governor S.) (Sept 16) "Stop Overhead Spraying" (SOS) Group Formed to Stop Spraying. Contact – ‘ReactionToSpraying at Yahoo dot com’ (Sept 14) Several people are seriously ill, and many others have symptoms they believe may be caused by spraying. They’ve created a Yahoo group to communicate - ([email protected]). (Sept 12) Sprayers "miscalculated" and had to spray a 4th day in Pacific Grove. (Sept 11) Spraying on Radio: KRXA (540 AM) at 2:pm Tuesday. HOPE’s Exec. Dir. David Dilworth discusses the science and the law on the aerial chemical spraying claims - Deborah Lindsay’s "Tomorrow Matters" show. Call in = 394-5792 (Sept 11) United Press Intl article on Aerial Spraying. (Sept 11) LA Times article on Aerial Spraying. (Sept 10) USDA Hides from live Questions: On "Tomorrow Matters" show USDA Spokesman Larry Hawkins refuses to appear if they allow call-in questions. (Sun. Sept 9th) According to Monterey’s City Manager -- Spraying will start tonight in Marina & Seaside (Zone CAM-9 & CAM-11 on Map – Click here for Spray Map). Monterey to be sprayed Monday Night; Pacific Grove, Pebble Beach (including the Lodge & Spanish Bay Resort) and Carmel Woods are Tuesday evening. (Sun. Sept 9th) HOPE is preparing a lawsuit to Stop the Spraying. Among a half dozen other laws, they are arrogantly violating our fundamental human Right to "Safety" which is explicitly in our California Constitution; in the first paragraph of our State Constitution. There is no specific Right to "Safety" in our Federal Constitution. (Sun. Sept 9th) Rally at 3:pm CDFA Press Conference in Salinas. Aggrieved residents to complain at event. (Sept 9th) For Evacuees: Monterey will be sprayed first tonight after 8:pm (For other times and places call !CDFA! at 800 491-1899. Lets hope their information on this is not false like everything else they tell us.) ** (Sept 9th) Navy School Professor of Meteorology Wendell Nuss calculates chemical sprayed at 500 feet above the ground can drift 2 miles from the plane in "calm" night winds. This means planes must spray no closer than 2 miles from coast. But CDFA fiercely demands to spray closer than 300 yards feet from Sanctuary. (Sept 9th) NOAA law Enforcement staff will be "closely monitoring" the spraying tonight to see if any chemicals drift into our bay. (Sept 8) Rally for Safe, Clean Air at Seaside’s Laguna Grande Park Saturday 2 pm. (Hazmat suits will be available.) (Sept 7) Voting for a bill to enable Spraying funding are Assemblyman John Laird and Senator Maldonado. Governor Arnold signed it. All three failed to support "Non-Spraying Alternatives" after asked this week. (Sept 6) 80 to 110 People Rally for Safe Clean air at Window on Bay at 5:pm. (Sept 5) **NOAA’s National Marine Sanctuary sends warning letter to California Sec. of Agriculture advising his proposed Spraying set for Sunday could seriously violate federal law and cost hundreds of thousands of dollars in fines. (Sept 5) * Pacific Grove City Council unanimously opposes spraying, directed City Attorney to prepare to sue to stop the spraying; and taking one step further than the Monterey Council – endorses use of less toxic alternatives. This was put on the agenda as an Emergency Item by Councilwoman Lisa Bennett. (Sept 4) Rally for Safe, Clean Air organized for Thursday evening Sept. 6th at Window on Bay in Monterey by HASMAT - Humans Against Spraying Monterey Area Terrain. (Call 373-0823; 372 8323; or 625 5577) (Sept 4) A.G. Kawamura Decides to Spray Starting Sunday evening Sept 9th angering many local officials who expected the delay would be meaningful enough to allow the public to get answers – not a mere 4 days. (Sept 4) Seaside Mayor Ralph Rubio writes to Sec Kawamura requesting an immediate delay in spraying; wants a "Comprehensive public process that emphasizes sound science." Pacific Grove Council sets Special Meeting on Aerial Spraying for Sept 13 at 6:00pm (cancelled as moot when they took emergency action on Sept 5th.) (Aug 31) Spraying Delayed (for 24 hours?) by Sec of Food and Agriculture (Aug 30) ** City of Monterey Unanimously Opposes Spraying, Hints at Legal Threat (Aug 29) 250 people fill Monterey Conference Center, all but one speaker Opposes Spraying. (Aug 20, 2007) HOPE letter to State Insisting that an Environmental Impact Report be prepared. |
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Feedback - Info7 * 1Hope.org (replace star with at sign) 831 / 624-6500 P.O. Box 1495, Carmel, CA 93921
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