URGENT- Pesticide Spraying Negotiations in NYC

[Guest guest]

My Note: The decisions made in the case below will require the DHHS (who

currently have carte blanche on deciding for the surrounding citizenry) and

other

state agencies to be held accountable for their decisions and restricted

prior to citizenry demise and required to provide optimal monitoring of the

health

of the citizenry.

This a very important case for the preservation of the health of the

citizenry who were severely mass immunologically and neurologically compromised

during

the WNV pesticide spraying campaigns starting in 1999. Much was uncovered

and evidence produced showing that the agencies were lying to the public, that

the pesticide applicators were unsupervised by DEP, EPA etc. in their

applications resulting in mass spraying of improperly stored, unmonitored,

combination

nervous system UNHOOKER pesticides with no combination health risk data

(FyFanon ULV - Cheminova, Scourge and Anvil 10+10 ULV) on the entire NY

citizenry

without ANY medical montioring in place, which lead to the applicators loss of

all future contracts and a 1 million dollar fine. This mass poisoning of

citizenry must be stopped. Please help if you can.....

Donna M. REILLY

former NY citizen

Congressional Hearing held March 2000

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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

Email: editor@... or mitchelcohen@...

***************************

The No Spray Coalition is an all-volunteer not-for-profit organization that

formed six years ago to oppose New York City’s 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 independent citizens, 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 “pestsâ€.

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 Coalition’s 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 s to either approve of

the negotiated settlement or to set the date for trial. (The Coalition’s

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, Sheppard (in Memoriam), Mitchel

Cohen, Lederman, and Eva Yaa Asantewaa.

Our legal team is headed by 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 . 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 can’t 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 s 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 s 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 s presiding to determine whether the City actually sprayed

pesticides over New Yorks waterways.

The full text of Judge s ruling is posted to the website at

http://nospray.org/documents/Judge%20s‘%20Decision.pdf

*** We’re 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

Standards–NY, Mitchel Cohen, Sheppard, 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 Monsanto’s 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 tracer’s 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 laterâ€

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 Council’s 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 EPA’s 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 MD’s

and

ER’s, 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 DOH’s website will link to the NoSpray Coalition’s

“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 DOH’s 2004 comprehensive mosquito surveillance and control

plan, because of misstatements, advocacy of DEET, and for statements

telling people not to wash off children’s 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 city’s 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 interestsâ€, 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 City’s waterways, to a fund administered by the

Plaintiffs and set up for that purpose, with the approval of Judge s.

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 s

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 Plaintiff’s 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!!!