m***@public.gmane.org
2005-11-21 21:57:40 UTC
The No Spray Coalition
fighting against the indiscriminate spraying of toxic pesticides since 1999
****************************
No Spray Coalition, Inc.
PO Box 334, Peck Slip Station
NYC 10272
Hotline: (718) 670-7110
Website: www.nospray.org
Listserve: sprayno-subscribe-***@public.gmane.org
Email: editor-D+***@public.gmane.org or mitchelcohen-***@public.gmane.org
***************************
The No Spray Coalition is an all-volunteer not-for-profit organization that
formed six years ago to oppose New York Citys mass-spraying of Malathion
and Pyrethroids by helicopter and truck. Since that time, the Coalition has
grown substantially by working alongside other environmental justice
organizations and individuals and supporting each others' work. As a
result, the No Spray Coalition has become expert in the dangers of
pesticides and in presenting alternative and non-toxic means for dealing
with mosquitoes and other critters considered to be pests.
We need your financial help!
This week, officials from the New York City government will be meeting with
the No Spray Coalition and other plaintiffs before a federal Magistrate
Judge to attempt to carve out a settlement in the Coalitions 5-year-old
lawsuit against the City for its indiscriminate spraying of toxic
pesticides to kill mosquitoes said to be the cause of West Nile encephalitis.
We also return to federal court before Judge Daniels to either approve of
the negotiated settlement or to set the date for trial. (The Coalitions
proposal is posted below.)
We need your financial help, and need it fast!
The Plaintiffs in the lawsuit are the No Spray Coalition, National
Coalition Against the Misuse of Pesticides, Disabled In Action, Save
Organic Standards - New York, Valerie Sheppard (in Memoriam), Mitchel
Cohen, Robert Lederman, and Eva Yaa Asantewaa.
Our legal team is headed by Joel Kupferman (of the New York Environmental
Law and Justice Project) and Karl S. Coplan (of the Pace Environmental
Litigation Clinic, Inc.)
Over the next few weeks, we need to raise tens of thousands of dollars to
pursue the lawsuit and intensify our work. As an all-volunteer group none
of us gets paid -- the NoSpray Coalition depends on the consciousness and
generosity of our supporters.
Please make out a check today and mail it, along with your name, address
and email, to:
No Spray Coalition
PO Box 334, Peck Slip Station
NYC 10272
or, to contribute by credit card or PayPal, please go to
http://nospray.org/#donate and fill out the form there.
What began six years ago as a tiny, isolated grassroots struggle in New
York City against the spraying of Malathion has become a major effort with
nation-wide consequences. Today, we align ourselves with many similar
grassroots groups across the country; share information, send our members
to participate in anti-pesticide struggles elsewhere, and post their work
to the NoSpray Coalition website..
Along the way, we have achieved numerous victories such as blocking
multi-million dollar contracts to pesticide spraying corporations; winning
state-imposed fines against a major contractor for poisoning its workers
(thanks to the great work of the New York Environmental Law and Justice
Project); and basically making the dangers of pesticides known to the vast
number of people living in the New York metropolitan area. And much, much
more.
Please go to our website at www.nospray.org or our listserve at
sprayno-hHKSG33TihhUou4Mz/***@public.gmane.org There, you can download flyers on the dangers of
pesticide spraying and the application of DEET on children; find
informative scientific articles linking pyrethroids with breast cancer and
dramatically lowered sperm counts; view the five years of legal papers (a
number of other lawsuits across the country have found them to be very
helpful) and alternative and non-toxic ways to address these issues; and
read our critique of the hysteria being orchestrated, first around West
Nile, then Anthrax, SARS, Smallpox, and now Avian Flu all "addressed" by
officials who call for in some cases "quarantine camps," more spraying, and
mass inoculations as their answer, while ignoring the huge dangers of
pesticides to people, animals, and the natural environment.
We cant stress enough how important even a small contribution would be at
this time. Thank you so much.
Mitchel Cohen, for the
No Spray Coaliition*
*The No Spray Coalition is a not-for-profit organization, but it is not a
501-c-3; your contributions are NOT tax-deductible. However, if you wish to
make a large contribution and deduct it from your taxes, please contact us.
*****************************************
From June 2005:
JUDGE DANIELS ISSUES RULING IN NO SPRAY COALITION ET. AL. v. NEW YORK CITY
U.S. District Court Judge George Daniels issued his long-awaited ruling in
early June on a case brought five years ago by the NoSpray Coalition, along
with a number of other organizations and individuals, against NYC
governments indiscriminate spraying of toxic pesticides to kill mosquitoes
said to be transmitting West Nile Virus.
Over the years a number of courts had eliminated the large body of evidence
we presented about people who were seriously sickened by the spraying of
poisons such as Malathion and pyrethroids over New Yorks streets and urban
environment, whittling down the case to the sole question of whether or not
the City sprayed pesticides over water.
In this latest ruling, Judge Daniels agreed with most of our lawyers claims
that spraying toxic pesticides over NYC waterways without a permit - even
if unintended (and it was VERY intentional) or for a short time -
constitutes a violation of the Clean Water Act, and rejected the NY City
governments claims to the contrary.
This is a very good result. Early findings on the law issues will stand as
the law of the case for later arguments when applying the law to the facts.
This was a long-awaited and very important decision, as it carefully
reviews prior case law and defines what constitutes a pollutant and rules
that helicopters and spraytrucks can be considered point sources under the
Clean Water Act, as well as under what circumstances pesticide-spraying
might indeed be opposed legally. We expect that it will have very positive
implications for environmental and social justice activists who are
fighting against the misuse of pesticides across the country.
With all the legalistic interpretations now out of the way and resolved in
our favor, the case will be fast-tracked and go to trial before a jury with
Judge Daniels presiding to determine whether the City actually sprayed
pesticides over New Yorks waterways.
The full text of Judge Daniels ruling is posted to the website at
http://nospray.org/documents/Judge%20Daniels'%20Decision.pdf
*** Were now going to have to go into major fundraising mode to pay for
the actual court case on the Facts, organizing and office expenses,
literature, and so forth. *** We desperately need your help. *** Please
contribute whatever funds you can spare to enable us to pursue the lawsuit
and continue this very important work.
You can either make out a check to No Spray Coalition and mail it to No
Spray Coalition, PO Box 334, Peck Slip Station, NYC 10272 or you can pay
by credit card via the website: www.nospray.org. We need to raise tens of
thousands of dollars literally! in the next few weeks.
THANK YOU!!!!
*****************************************
PROPOSED BY NO SPRAY COALITION
SETTLEMENT OUTLINE
No Spray Coalition, et. al v. City of New York, et. al.
[NOTE: This is what the Coalition has proposed and sent to New York City's
government. City officials are responding to it this week. This is not an
agreed-upon settlement.]
The City of New York is becoming increasingly aware of the cumulative
dangers of pesticides and herbicides to the waterways and the natural
environment of New York, as well as to the health and well-being of the
people living or visiting here.
The City of New York is aware of extensive research by the Centers for
Disease Control in which the agency has projected that every person living
in the United States carries in their bodies dangerous levels of toxic
pesticide residues.
The City is aware that many dangerous chemical components of these
pesticides linger in the environment;
Further, the City takes note of the recent Pesticide Notification and
other legislation passed by the NY City Council that provides new legal
requirements and remedies for the misuse of pesticides; and,
Finally, the City is aware that the pesticides that City agencies have
utilized to kill mosquitoes endanger the lives of fish and other aquatic
life when applied over or near waterways, and kill off the natural
predators of mosquitoes. These predators, in general, have longer
reproductive cycles than the mosquitoes themselves. Thus, the widescale use
of pesticides has, over time, the unintended consequence of actually
increasing the mosquito population as well as mosquitoes natural
resistance to the pesticides used.
Therefore, the City of New York appreciates the tireless work and
information provided by the Plaintiffs on these issues and agrees to settle
the Lawsuit brought by The No Spray Coalition, The National Coalition
Against the Misuse of Pesticides, Disabled in Action, Save Organic
StandardsNY, Mitchel Cohen, Valerie Sheppard, Robert Lederman and Eva Yaa
Asantewaa, by stipulating to the following:
I. SPRAYING BUFFERS AND NOTIFICATION
The City of New York agrees as policy that
a. It will not spray pesticides on, over, or within 1,000 feet of
waterbodies or wetlands surrounding or within NYC, or within 1,000 feet of
residential homes near wetlands.
b. When any pesticide or herbicide spraying is about to occur, security
personnel (police, etc.) must notify people in the area and give them
sufficient time (72 hours or more) to leave the area.
c. Neighborhoods will be made aware of days and times of scheduled
sprayings 72 hours in advance. Persons at risk (including the elderly,
ill, children, disabled, immune compromised, MCS (multiple chemical
sensitivities) or cancer survivors, and pregnant women) must be notified 5
days prior to applications so that they have time to prepare an exit from
the area. Free transportation out of the area will be provided for those
affected people.
d. No aerial or indiscriminate truck spraying of Malathion, pyrethroids, or
other adulticides will be permitted.
e. No combination spraying (e.g. malathion + pyrethroid) will be permitted;
there is no human impact test data currently available on their synergistic
effects.
f. It will stop its widespread use of Monsantos Roundup and other
organophosphate herbicides that are used mostly for cosmetic purposes.
g. New Yorkers will be invited to add their names to a Do-Not-Spray list,
for those who do not want their homes/yards/families subjected to
aerially-applied pesticides (including airborne applications by
spraytrucks). Once on these lists, residents should not have to renew them
each year. They should remain on the list until they take themselves off it.
h. It will add a visible tracer to aerially-applied/misted pesticides so
everyone, including the pilot/applicator, can see where the pesticides are
going. The visible tracers MSDS is to be reveiwed prior to application and
all contents tested by EPA with data reviewed before any application
commences. This includes testing the contents (and tracer) for MOLD
contamination.
II. GREATER COMMITMENT TO PROTECTING THE WATERWAYS AND PUBLIC HEALTH FROM
PESTICIDE EXPOSURE
The City of New York agrees as policy that
a. Wetland areas and waterways must not be sprayed with adulticides.
b. In areas where wetland areas contact streets, the City agrees to
establish planted vegetative buffer areas with berms (perhaps funded by the
state under the stormwater-runoff program) which will keep rainwater from
running off streets and then pooling in adjacent wetland areas. This will
minimize mosquito growth. The City agrees that wetlands should be fed by
natural water sources only. NYC should intensify efforts to keep street
drains clear and functional.
c. The City agrees to develop a comprehensive Integrated Pest Management
(IPM) program that does not take a spray first and ask questions later
approach, and will provide funding for the hiring of experts in non-toxic
mosquito control who will draft and develop IPM programs. These programs
shall be integrated into the City Councils recently passed IPM legislation.
d. It will make publicly accessible links to information concerning health
risks from pesticide exposure on the NYC website, and advisories concerning
the health dangers of pesticides sent to health care professionals. This
information shall be sent to media as well.
e. It will publicly disclose and publicize fines issued against pesticide
companies.
f. It will prominently link on its website to the CDC study that found
dangerous pesticide levels in 100 percent of the thousands tested. The CDC
projected that all people living in the U.S. carry dangerous levels of
toxic pesticides in our bodies.
g. It will continue doing GIS mapping of avian deaths for DOHMH. This will
be reviewed against and correlated with the statistics from EPAs city-wide
air pollution meters and the information will be made publicly available.
III. MEDICAL NOTIFICATION & INFORMATION-GATHERING PROCEDURES
The City of New York agrees as policy to
a. Draft and distribute pesticide exposure guidelines to all medical
personnel throughout the metropolitan area.
b. Establish protocols for proper treatment in conjunction with the
Community Environment and Health Council (see below). Include all potential
health effects, and a full toxicology program to be provided to all medical
personnel in NYC, hospitals, doctors offices, school nurses, clinics,
etc.(e.g., publication of cholinesterase panel (RBC + plasma) testing for
OP exposure should include how/when to collect blood specimens, what NYC
labs would do the test, how to interpret the results (do NOT compare to
normal range, but to the individuals levels which means taking a second
cholinesterase panel within 2 weeks of the first test which must be done
immediately after exposure).
c. Distribute notices to all school nurses advising them what symptoms to
look for in children and adults who may have been exposed to pesticides,
and the protocol for responding to them.
d. Provide a list of specific lab tests for analysis of pesticide
metabolite levels, as well as shipping instructions with phone contacts, to
all medical personnel as well as the public, for pesticides being
applied.(funny how CDC can test for PYRETHROIDS, BUT no one can else can
get tested for them especially in NY).
e. Inform medical teams in spray area to do actual blood sampling over
time, as pesticide poisonings can develop progressively (chronic) even
after the victim/patient had already been seen once.
f. Create emergency medical monitoring team reference sheets for MDs and
ERs, and include emergency medical intervention procedures for
pesticide-poisoning, instructions for testing the blood of ALL those with
poisoning symptomology and retesting in 4 weeks.
g. Fully record and maintain accurate central log of all pesticide-related
complaints to all venues.
h. Collect and review all toxicology (including oil refinery emissions
and/or pesticide exposure) on all avian deaths (as well as people deaths)
said to have been caused by the West Nile Virus.
IV. PESTICIDE EXPOSURE HOTLINE, WEBPAGES & PUBLIC INFORMATION
The City of New York agrees as policy to
a. Create and allocate sufficient funds for a new Pesticide Exposure
Call-In Hotline and website (part of DOHMH website) supported and staffed
by trained pesticide knowledgeable doctors, nurses and hospital locations
(in all boroughs of NYC) to respond to medical complaints. The hotline will
become part of the NYC Emergency Management Handbook and program.
b. The hotline number will be published to all police, fire, rescue,
ambulance, hospitals, doctors (private and public) and other medical
facilities in NYC, and to the website. The hotline and informational web
pages will be included in media releases and prominently displayed in Times
Square, supermarkets and other public locations so that their presence is
known to the general public.
c. All pesticide-related complaints to the Hotline, 3-11, ER rooms or
doctors (private or public), schools, and everywhere else should be entered
into a PIMS (Pesticide Incident Management System) database.
d. The Pesticide Exposure Hotline, Poison Control, 3-11 and other City
agencies should refer callers concerned about exposure and possible illness
due to the pesticide applications to Mt. Sinai Occupational Safety and
Health Clinic or Bellevue Hospital, which are already set-up to handle such
cases.
e. Remove all statements from DOHMH and other city websites and literature
advocating or promoting the use of DEET, and outline the reasons why DEET
is not recommended and is indeed dangerous for children especially;
f. Provide non-toxic alternatives for personal use of mosquito repellant
applications. The DOHs website will link to the NoSpray Coalitions
alternatives web page <www.nospray.org>, as well as to those of other
groups such as www.beyondpesticides.org, advising people to go to those
websites for more information.
g. Recall the DOHs 2004 comprehensive mosquito surveillance and control
plan, because of misstatements, advocacy of DEET, and for statements
telling people not to wash off childrens playground toys and sandboxes
after spraying, among others.
V. IMPROVE WORKERS PROTECTION
The City of New York agrees as policy to
a. Provide free medical coverage for all workers and individuals adversely
affected by exposure to adulticides.
b. Supervise all spray workers and insure that they be given and wear full
protective gear.
c. Require all NYC applicators to possess a license as a Certified
Pesticide Applicator no use of students or part time workers or janitors
or maintenance persons to apply pesticides.
d. Additional measures to be developed in conjunction with the No Spray
Coalition et al. and the workers Unions.
VI. COMMUNITY ENVIRONMENT AND HEALTH COUNCIL
a. The City of New York agrees as policy to officially recognize the
Community Environment And Health Council established by the Plaintiffs.
b. The Council would consist of members from the No-Spray Coalition,
National Coalition for the Misuse of Pesticides, Disabled in Action, Save
Organic Standards-NY, health care professionals, environmental
organizations, advocacy groups, non-toxic pesticide applicators and other
pesticide-conscious parties. Furthermore, the Council would:
c. Consider and make recommendations on environmental health impacts of
pesticide use and alternatives.
d. Be mandated to hear from (and possibly include) neurotoxicologists,
neuropsychologists, non-toxic pest control experts, wildlife rehabilitators.
e. Analyze toxicological samplings, and submit findings to review by
occupational and environmental health case providers and advocates.
f. Be authorized to sponsor public meetings before pesticides are used, at
which the DOH and other public officials must attend and be available to
answer questions
g. Review and propose alternative, nontoxic control of mosquitoes
h. Critique the citys official mosquito control plan and offer new plans
to reduce adulticides with less toxic materials
i. Assess agents chosen with regard to interaction with all toxics in our
living environment, and then test agents in combination with them for
synergistic or cumulative impact on health and environment
j. Review transportation, storage, and financial ramifications of pesticides
k. Develop and publicize substantive and least harmful application
guidelines for all chemicals applied to the environment
l. Be provided with access to all NYC information on health concerns for
pesticides and other chemicals.
m. Establish a liaison to the NY City Council Committee of Health and
Environment and be added as non-voting, adjunct members to that City
Council committee.
VII. MAKING INFORMATION AVAILABLE
a. The City of New York agrees as policy to make immediately availability
all information on instances of spraying and geographic location, and
b. Use and make available all GIS maps showing all surface bodies of water
within and surrounding NYC.
c. The City of New York agrees as policy to access to computer/GPS spray
maps indicating the actual locations of planned truck and aerial
application. These must be posted to the NYC DOHMH website at least 24
hours prior to application, and again with any changes indicated on the map
following any spraying.
d. The City of New York agrees as policy to post on the DOH website the
results of studies that confirm the significant harm that pesticide toxins
do to marine life.
e. Just prior to any applications, NYC shall establish Pre-Application
Checklist procedures whereby the pesticides are checked by professionals
to ensure that they were properly stored, have not expired, etc. and such
information is logged and available to the public prior to any application.
All pesticide formulations designated for use in the surrounding areas are
to be tested prior to use by an independent agency for correspondence to
label quantities to ensure product has not degraded.
f. NYC shall set up a call center that is in direct contact with the No
Spray Coalition on all intended sprayings. NYC must provide funding to
employ a knowledgeable advocate agreed to by the No Spray Coalition to
monitor the intended sprayings of NYC. Notice of sprayings after the fact
and after damage has been done is completely unacceptable.
g. New York City must not fund or work with organizations that have
serious and obvious conflicts of interests, i.e., groups funded by or
otherwise obligated to major polluting industries. The City authorizes the
Plaintiffs to monitor the potential conflicts of interest, and to provide
the City with a list of such organizations and corporations.
VIII. REMEDIES & ESTABLISHMENT OF ENVIRONMENTAL FUND
a. The City agrees to pay $100,000 for ongoing testing and elimination of
pesticides from the Citys waterways, to a fund administered by the
Plaintiffs and set up for that purpose, with the approval of Judge Daniels.
b. The City agrees to pay $25,000 to each of 7 non profit environmental and
health organizations (to be chosen by Plaintiffs) with the approval of
Judge Daniels
c. NYC agrees to set up an ongoing fund from which grants will be issued to
grassroots groups working on alternatives to pesticides, and corollary
issues. The Defendants agree that representatives from the No Spray
Coalition will head the Fund and that each of the Plaintiff organizations
will be permanent members of the grant-allocation committee.
d. Municipal tax credits will be made available to people who use
accepted/proven alternative devices/substances/methods. For example;
mosquito magnets are completely non-toxic and they work, but they are
expensive. A tax credit would encourage people to buy them and use them,
resulting in less reliance on pesticides and spraying.
e. Defendants agree to pay Plaintiffs legal fees in full, as part of this
settlement.
************************************************
Please help us intensify our efforts, and raise the tens of thousands of
dollars necessary to go to trial. Send donations to:
No Spray Coalition
PO Box 334, Peck Slip Station
NYC 10272
or, to contribute by credit card or PayPal, please go to
http://nospray.org/#donate and fill out the form there.
Thank you!!!
*****************************************
fighting against the indiscriminate spraying of toxic pesticides since 1999
****************************
No Spray Coalition, Inc.
PO Box 334, Peck Slip Station
NYC 10272
Hotline: (718) 670-7110
Website: www.nospray.org
Listserve: sprayno-subscribe-***@public.gmane.org
Email: editor-D+***@public.gmane.org or mitchelcohen-***@public.gmane.org
***************************
The No Spray Coalition is an all-volunteer not-for-profit organization that
formed six years ago to oppose New York Citys mass-spraying of Malathion
and Pyrethroids by helicopter and truck. Since that time, the Coalition has
grown substantially by working alongside other environmental justice
organizations and individuals and supporting each others' work. As a
result, the No Spray Coalition has become expert in the dangers of
pesticides and in presenting alternative and non-toxic means for dealing
with mosquitoes and other critters considered to be pests.
We need your financial help!
This week, officials from the New York City government will be meeting with
the No Spray Coalition and other plaintiffs before a federal Magistrate
Judge to attempt to carve out a settlement in the Coalitions 5-year-old
lawsuit against the City for its indiscriminate spraying of toxic
pesticides to kill mosquitoes said to be the cause of West Nile encephalitis.
We also return to federal court before Judge Daniels to either approve of
the negotiated settlement or to set the date for trial. (The Coalitions
proposal is posted below.)
We need your financial help, and need it fast!
The Plaintiffs in the lawsuit are the No Spray Coalition, National
Coalition Against the Misuse of Pesticides, Disabled In Action, Save
Organic Standards - New York, Valerie Sheppard (in Memoriam), Mitchel
Cohen, Robert Lederman, and Eva Yaa Asantewaa.
Our legal team is headed by Joel Kupferman (of the New York Environmental
Law and Justice Project) and Karl S. Coplan (of the Pace Environmental
Litigation Clinic, Inc.)
Over the next few weeks, we need to raise tens of thousands of dollars to
pursue the lawsuit and intensify our work. As an all-volunteer group none
of us gets paid -- the NoSpray Coalition depends on the consciousness and
generosity of our supporters.
Please make out a check today and mail it, along with your name, address
and email, to:
No Spray Coalition
PO Box 334, Peck Slip Station
NYC 10272
or, to contribute by credit card or PayPal, please go to
http://nospray.org/#donate and fill out the form there.
What began six years ago as a tiny, isolated grassroots struggle in New
York City against the spraying of Malathion has become a major effort with
nation-wide consequences. Today, we align ourselves with many similar
grassroots groups across the country; share information, send our members
to participate in anti-pesticide struggles elsewhere, and post their work
to the NoSpray Coalition website..
Along the way, we have achieved numerous victories such as blocking
multi-million dollar contracts to pesticide spraying corporations; winning
state-imposed fines against a major contractor for poisoning its workers
(thanks to the great work of the New York Environmental Law and Justice
Project); and basically making the dangers of pesticides known to the vast
number of people living in the New York metropolitan area. And much, much
more.
Please go to our website at www.nospray.org or our listserve at
sprayno-hHKSG33TihhUou4Mz/***@public.gmane.org There, you can download flyers on the dangers of
pesticide spraying and the application of DEET on children; find
informative scientific articles linking pyrethroids with breast cancer and
dramatically lowered sperm counts; view the five years of legal papers (a
number of other lawsuits across the country have found them to be very
helpful) and alternative and non-toxic ways to address these issues; and
read our critique of the hysteria being orchestrated, first around West
Nile, then Anthrax, SARS, Smallpox, and now Avian Flu all "addressed" by
officials who call for in some cases "quarantine camps," more spraying, and
mass inoculations as their answer, while ignoring the huge dangers of
pesticides to people, animals, and the natural environment.
We cant stress enough how important even a small contribution would be at
this time. Thank you so much.
Mitchel Cohen, for the
No Spray Coaliition*
*The No Spray Coalition is a not-for-profit organization, but it is not a
501-c-3; your contributions are NOT tax-deductible. However, if you wish to
make a large contribution and deduct it from your taxes, please contact us.
*****************************************
From June 2005:
JUDGE DANIELS ISSUES RULING IN NO SPRAY COALITION ET. AL. v. NEW YORK CITY
U.S. District Court Judge George Daniels issued his long-awaited ruling in
early June on a case brought five years ago by the NoSpray Coalition, along
with a number of other organizations and individuals, against NYC
governments indiscriminate spraying of toxic pesticides to kill mosquitoes
said to be transmitting West Nile Virus.
Over the years a number of courts had eliminated the large body of evidence
we presented about people who were seriously sickened by the spraying of
poisons such as Malathion and pyrethroids over New Yorks streets and urban
environment, whittling down the case to the sole question of whether or not
the City sprayed pesticides over water.
In this latest ruling, Judge Daniels agreed with most of our lawyers claims
that spraying toxic pesticides over NYC waterways without a permit - even
if unintended (and it was VERY intentional) or for a short time -
constitutes a violation of the Clean Water Act, and rejected the NY City
governments claims to the contrary.
This is a very good result. Early findings on the law issues will stand as
the law of the case for later arguments when applying the law to the facts.
This was a long-awaited and very important decision, as it carefully
reviews prior case law and defines what constitutes a pollutant and rules
that helicopters and spraytrucks can be considered point sources under the
Clean Water Act, as well as under what circumstances pesticide-spraying
might indeed be opposed legally. We expect that it will have very positive
implications for environmental and social justice activists who are
fighting against the misuse of pesticides across the country.
With all the legalistic interpretations now out of the way and resolved in
our favor, the case will be fast-tracked and go to trial before a jury with
Judge Daniels presiding to determine whether the City actually sprayed
pesticides over New Yorks waterways.
The full text of Judge Daniels ruling is posted to the website at
http://nospray.org/documents/Judge%20Daniels'%20Decision.pdf
*** Were now going to have to go into major fundraising mode to pay for
the actual court case on the Facts, organizing and office expenses,
literature, and so forth. *** We desperately need your help. *** Please
contribute whatever funds you can spare to enable us to pursue the lawsuit
and continue this very important work.
You can either make out a check to No Spray Coalition and mail it to No
Spray Coalition, PO Box 334, Peck Slip Station, NYC 10272 or you can pay
by credit card via the website: www.nospray.org. We need to raise tens of
thousands of dollars literally! in the next few weeks.
THANK YOU!!!!
*****************************************
PROPOSED BY NO SPRAY COALITION
SETTLEMENT OUTLINE
No Spray Coalition, et. al v. City of New York, et. al.
[NOTE: This is what the Coalition has proposed and sent to New York City's
government. City officials are responding to it this week. This is not an
agreed-upon settlement.]
The City of New York is becoming increasingly aware of the cumulative
dangers of pesticides and herbicides to the waterways and the natural
environment of New York, as well as to the health and well-being of the
people living or visiting here.
The City of New York is aware of extensive research by the Centers for
Disease Control in which the agency has projected that every person living
in the United States carries in their bodies dangerous levels of toxic
pesticide residues.
The City is aware that many dangerous chemical components of these
pesticides linger in the environment;
Further, the City takes note of the recent Pesticide Notification and
other legislation passed by the NY City Council that provides new legal
requirements and remedies for the misuse of pesticides; and,
Finally, the City is aware that the pesticides that City agencies have
utilized to kill mosquitoes endanger the lives of fish and other aquatic
life when applied over or near waterways, and kill off the natural
predators of mosquitoes. These predators, in general, have longer
reproductive cycles than the mosquitoes themselves. Thus, the widescale use
of pesticides has, over time, the unintended consequence of actually
increasing the mosquito population as well as mosquitoes natural
resistance to the pesticides used.
Therefore, the City of New York appreciates the tireless work and
information provided by the Plaintiffs on these issues and agrees to settle
the Lawsuit brought by The No Spray Coalition, The National Coalition
Against the Misuse of Pesticides, Disabled in Action, Save Organic
StandardsNY, Mitchel Cohen, Valerie Sheppard, Robert Lederman and Eva Yaa
Asantewaa, by stipulating to the following:
I. SPRAYING BUFFERS AND NOTIFICATION
The City of New York agrees as policy that
a. It will not spray pesticides on, over, or within 1,000 feet of
waterbodies or wetlands surrounding or within NYC, or within 1,000 feet of
residential homes near wetlands.
b. When any pesticide or herbicide spraying is about to occur, security
personnel (police, etc.) must notify people in the area and give them
sufficient time (72 hours or more) to leave the area.
c. Neighborhoods will be made aware of days and times of scheduled
sprayings 72 hours in advance. Persons at risk (including the elderly,
ill, children, disabled, immune compromised, MCS (multiple chemical
sensitivities) or cancer survivors, and pregnant women) must be notified 5
days prior to applications so that they have time to prepare an exit from
the area. Free transportation out of the area will be provided for those
affected people.
d. No aerial or indiscriminate truck spraying of Malathion, pyrethroids, or
other adulticides will be permitted.
e. No combination spraying (e.g. malathion + pyrethroid) will be permitted;
there is no human impact test data currently available on their synergistic
effects.
f. It will stop its widespread use of Monsantos Roundup and other
organophosphate herbicides that are used mostly for cosmetic purposes.
g. New Yorkers will be invited to add their names to a Do-Not-Spray list,
for those who do not want their homes/yards/families subjected to
aerially-applied pesticides (including airborne applications by
spraytrucks). Once on these lists, residents should not have to renew them
each year. They should remain on the list until they take themselves off it.
h. It will add a visible tracer to aerially-applied/misted pesticides so
everyone, including the pilot/applicator, can see where the pesticides are
going. The visible tracers MSDS is to be reveiwed prior to application and
all contents tested by EPA with data reviewed before any application
commences. This includes testing the contents (and tracer) for MOLD
contamination.
II. GREATER COMMITMENT TO PROTECTING THE WATERWAYS AND PUBLIC HEALTH FROM
PESTICIDE EXPOSURE
The City of New York agrees as policy that
a. Wetland areas and waterways must not be sprayed with adulticides.
b. In areas where wetland areas contact streets, the City agrees to
establish planted vegetative buffer areas with berms (perhaps funded by the
state under the stormwater-runoff program) which will keep rainwater from
running off streets and then pooling in adjacent wetland areas. This will
minimize mosquito growth. The City agrees that wetlands should be fed by
natural water sources only. NYC should intensify efforts to keep street
drains clear and functional.
c. The City agrees to develop a comprehensive Integrated Pest Management
(IPM) program that does not take a spray first and ask questions later
approach, and will provide funding for the hiring of experts in non-toxic
mosquito control who will draft and develop IPM programs. These programs
shall be integrated into the City Councils recently passed IPM legislation.
d. It will make publicly accessible links to information concerning health
risks from pesticide exposure on the NYC website, and advisories concerning
the health dangers of pesticides sent to health care professionals. This
information shall be sent to media as well.
e. It will publicly disclose and publicize fines issued against pesticide
companies.
f. It will prominently link on its website to the CDC study that found
dangerous pesticide levels in 100 percent of the thousands tested. The CDC
projected that all people living in the U.S. carry dangerous levels of
toxic pesticides in our bodies.
g. It will continue doing GIS mapping of avian deaths for DOHMH. This will
be reviewed against and correlated with the statistics from EPAs city-wide
air pollution meters and the information will be made publicly available.
III. MEDICAL NOTIFICATION & INFORMATION-GATHERING PROCEDURES
The City of New York agrees as policy to
a. Draft and distribute pesticide exposure guidelines to all medical
personnel throughout the metropolitan area.
b. Establish protocols for proper treatment in conjunction with the
Community Environment and Health Council (see below). Include all potential
health effects, and a full toxicology program to be provided to all medical
personnel in NYC, hospitals, doctors offices, school nurses, clinics,
etc.(e.g., publication of cholinesterase panel (RBC + plasma) testing for
OP exposure should include how/when to collect blood specimens, what NYC
labs would do the test, how to interpret the results (do NOT compare to
normal range, but to the individuals levels which means taking a second
cholinesterase panel within 2 weeks of the first test which must be done
immediately after exposure).
c. Distribute notices to all school nurses advising them what symptoms to
look for in children and adults who may have been exposed to pesticides,
and the protocol for responding to them.
d. Provide a list of specific lab tests for analysis of pesticide
metabolite levels, as well as shipping instructions with phone contacts, to
all medical personnel as well as the public, for pesticides being
applied.(funny how CDC can test for PYRETHROIDS, BUT no one can else can
get tested for them especially in NY).
e. Inform medical teams in spray area to do actual blood sampling over
time, as pesticide poisonings can develop progressively (chronic) even
after the victim/patient had already been seen once.
f. Create emergency medical monitoring team reference sheets for MDs and
ERs, and include emergency medical intervention procedures for
pesticide-poisoning, instructions for testing the blood of ALL those with
poisoning symptomology and retesting in 4 weeks.
g. Fully record and maintain accurate central log of all pesticide-related
complaints to all venues.
h. Collect and review all toxicology (including oil refinery emissions
and/or pesticide exposure) on all avian deaths (as well as people deaths)
said to have been caused by the West Nile Virus.
IV. PESTICIDE EXPOSURE HOTLINE, WEBPAGES & PUBLIC INFORMATION
The City of New York agrees as policy to
a. Create and allocate sufficient funds for a new Pesticide Exposure
Call-In Hotline and website (part of DOHMH website) supported and staffed
by trained pesticide knowledgeable doctors, nurses and hospital locations
(in all boroughs of NYC) to respond to medical complaints. The hotline will
become part of the NYC Emergency Management Handbook and program.
b. The hotline number will be published to all police, fire, rescue,
ambulance, hospitals, doctors (private and public) and other medical
facilities in NYC, and to the website. The hotline and informational web
pages will be included in media releases and prominently displayed in Times
Square, supermarkets and other public locations so that their presence is
known to the general public.
c. All pesticide-related complaints to the Hotline, 3-11, ER rooms or
doctors (private or public), schools, and everywhere else should be entered
into a PIMS (Pesticide Incident Management System) database.
d. The Pesticide Exposure Hotline, Poison Control, 3-11 and other City
agencies should refer callers concerned about exposure and possible illness
due to the pesticide applications to Mt. Sinai Occupational Safety and
Health Clinic or Bellevue Hospital, which are already set-up to handle such
cases.
e. Remove all statements from DOHMH and other city websites and literature
advocating or promoting the use of DEET, and outline the reasons why DEET
is not recommended and is indeed dangerous for children especially;
f. Provide non-toxic alternatives for personal use of mosquito repellant
applications. The DOHs website will link to the NoSpray Coalitions
alternatives web page <www.nospray.org>, as well as to those of other
groups such as www.beyondpesticides.org, advising people to go to those
websites for more information.
g. Recall the DOHs 2004 comprehensive mosquito surveillance and control
plan, because of misstatements, advocacy of DEET, and for statements
telling people not to wash off childrens playground toys and sandboxes
after spraying, among others.
V. IMPROVE WORKERS PROTECTION
The City of New York agrees as policy to
a. Provide free medical coverage for all workers and individuals adversely
affected by exposure to adulticides.
b. Supervise all spray workers and insure that they be given and wear full
protective gear.
c. Require all NYC applicators to possess a license as a Certified
Pesticide Applicator no use of students or part time workers or janitors
or maintenance persons to apply pesticides.
d. Additional measures to be developed in conjunction with the No Spray
Coalition et al. and the workers Unions.
VI. COMMUNITY ENVIRONMENT AND HEALTH COUNCIL
a. The City of New York agrees as policy to officially recognize the
Community Environment And Health Council established by the Plaintiffs.
b. The Council would consist of members from the No-Spray Coalition,
National Coalition for the Misuse of Pesticides, Disabled in Action, Save
Organic Standards-NY, health care professionals, environmental
organizations, advocacy groups, non-toxic pesticide applicators and other
pesticide-conscious parties. Furthermore, the Council would:
c. Consider and make recommendations on environmental health impacts of
pesticide use and alternatives.
d. Be mandated to hear from (and possibly include) neurotoxicologists,
neuropsychologists, non-toxic pest control experts, wildlife rehabilitators.
e. Analyze toxicological samplings, and submit findings to review by
occupational and environmental health case providers and advocates.
f. Be authorized to sponsor public meetings before pesticides are used, at
which the DOH and other public officials must attend and be available to
answer questions
g. Review and propose alternative, nontoxic control of mosquitoes
h. Critique the citys official mosquito control plan and offer new plans
to reduce adulticides with less toxic materials
i. Assess agents chosen with regard to interaction with all toxics in our
living environment, and then test agents in combination with them for
synergistic or cumulative impact on health and environment
j. Review transportation, storage, and financial ramifications of pesticides
k. Develop and publicize substantive and least harmful application
guidelines for all chemicals applied to the environment
l. Be provided with access to all NYC information on health concerns for
pesticides and other chemicals.
m. Establish a liaison to the NY City Council Committee of Health and
Environment and be added as non-voting, adjunct members to that City
Council committee.
VII. MAKING INFORMATION AVAILABLE
a. The City of New York agrees as policy to make immediately availability
all information on instances of spraying and geographic location, and
b. Use and make available all GIS maps showing all surface bodies of water
within and surrounding NYC.
c. The City of New York agrees as policy to access to computer/GPS spray
maps indicating the actual locations of planned truck and aerial
application. These must be posted to the NYC DOHMH website at least 24
hours prior to application, and again with any changes indicated on the map
following any spraying.
d. The City of New York agrees as policy to post on the DOH website the
results of studies that confirm the significant harm that pesticide toxins
do to marine life.
e. Just prior to any applications, NYC shall establish Pre-Application
Checklist procedures whereby the pesticides are checked by professionals
to ensure that they were properly stored, have not expired, etc. and such
information is logged and available to the public prior to any application.
All pesticide formulations designated for use in the surrounding areas are
to be tested prior to use by an independent agency for correspondence to
label quantities to ensure product has not degraded.
f. NYC shall set up a call center that is in direct contact with the No
Spray Coalition on all intended sprayings. NYC must provide funding to
employ a knowledgeable advocate agreed to by the No Spray Coalition to
monitor the intended sprayings of NYC. Notice of sprayings after the fact
and after damage has been done is completely unacceptable.
g. New York City must not fund or work with organizations that have
serious and obvious conflicts of interests, i.e., groups funded by or
otherwise obligated to major polluting industries. The City authorizes the
Plaintiffs to monitor the potential conflicts of interest, and to provide
the City with a list of such organizations and corporations.
VIII. REMEDIES & ESTABLISHMENT OF ENVIRONMENTAL FUND
a. The City agrees to pay $100,000 for ongoing testing and elimination of
pesticides from the Citys waterways, to a fund administered by the
Plaintiffs and set up for that purpose, with the approval of Judge Daniels.
b. The City agrees to pay $25,000 to each of 7 non profit environmental and
health organizations (to be chosen by Plaintiffs) with the approval of
Judge Daniels
c. NYC agrees to set up an ongoing fund from which grants will be issued to
grassroots groups working on alternatives to pesticides, and corollary
issues. The Defendants agree that representatives from the No Spray
Coalition will head the Fund and that each of the Plaintiff organizations
will be permanent members of the grant-allocation committee.
d. Municipal tax credits will be made available to people who use
accepted/proven alternative devices/substances/methods. For example;
mosquito magnets are completely non-toxic and they work, but they are
expensive. A tax credit would encourage people to buy them and use them,
resulting in less reliance on pesticides and spraying.
e. Defendants agree to pay Plaintiffs legal fees in full, as part of this
settlement.
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Please help us intensify our efforts, and raise the tens of thousands of
dollars necessary to go to trial. Send donations to:
No Spray Coalition
PO Box 334, Peck Slip Station
NYC 10272
or, to contribute by credit card or PayPal, please go to
http://nospray.org/#donate and fill out the form there.
Thank you!!!
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