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Media Contact: Glenn Brank |
News Releases Date/Number |
|---|---|
| Media Contact: Glenn Brank | August 20, 2008 (08-11) |
| 916-445-3974 gbrank@cdpr.ca.gov | FOR IMMEDIATE RELEASE |
DPR wins appeal on pesticides and air quality
SACRAMENTO - The California Department of Pesticide Regulation did not violate the federal Clean Air Act in pesticide decisions that date back to the late 1990s, a federal appeals court ruled today.
The Ninth Circuit Court of Appeals in San Francisco overturned the findings of a federal judge who in 2006 had ruled against DPR in a clean air lawsuit brought by an advocates group. Its lawsuit said DPR failed to apply clean air rules to pesticides, dating back to 1997. That led a federal judge in Sacramento to order DPR to cut pesticide air emissions by 20 percent to reduce smog. Effective this year, the order involved areas that include Ventura County and the San Joaquin Valley.
To comply with that federal order, DPR imposed strong restrictions on the use of field fumigants, beginning last January. Ventura growers said thousands of acres of agricultural land might lie fallow this year, with severe economic consequences. San Joaquin Valley growers have expressed similar fears about future pesticide air restrictions there.
DPR Director Mary-Ann Warmerdam said the appeal was necessary to uphold Department authority to effectively regulate pesticide air emissions. She emphasized the appellate ruling does not signal a change in DPR environmental policy.
However, DPR will immediately move to provide some relief for Ventura growers, with the approval of federal and state air agencies.
"The Department of Pesticide Regulation is committed to cleaner air for all Californians," said Warmerdam. "Today’s court ruling reaffirms that DPR has met its environmental obligations in the past, and we will continue to do so.
"This ruling (PDF, 47kb) allows DPR to adopt a more thoughtful, comprehensive approach to reducing pesticide emissions that contribute to smog," Warmerdam said. "We believe that environmental and economic progress can be achieved through cooperation, rather than continued litigation and conflict.
"We want to bring members of our environmental and agricultural communities together, and show that California can create a safer environment and a stronger economy," she said.
Warmerdam announced that DPR will immediately move for new rules to allow a four-year phase-in as part of the fumigant restrictions for Ventura County, which has been approved by U.S. EPA and the California Air Resources Board. DPR sought approval from the two air authorities earlier this summer, in anticipation of a favorable appellate ruling.
No immediate changes are expected in the San Joaquin Valley.
One of six departments and boards within the California Environmental Protection Agency, DPR regulates the sale and use of pesticides to protect people and the environment.