Spraying herbicides, as proposed under the Alaska Department of Transportation Integrated Vegetation Management Plan, Revised March 2014,
http://www.dot.state.ak.us/stwdmno/documents/ADOTPF_IVMP.pdf
will result in contamination of surface, ground waters near the treatment areas, and the ocean bodies into which the tributaries in these areas eventually run, result in in significant human health impacts, and harm fish, wildlife, soil, and edible plants, and the complex natural systems that sustain the health of integrated natural systems.
There is no remedy for the immediate and long term harm to the human and non-human life that will be impacted by the spraying of any, some, or all of the herbicides that may be used.
To quote one Notice of Intent to Begin an Integrated Vegetation Management Plan (IVMP), the ADOT&PF may use the following herbicides:
- Garlon 4 (EPA No. 62719-40)
- Garlon 4 Ultra (EPA No. 62719-527)
- Habitat (EPA No. 241-426-67690)
- Roundup (EPA No. 71995-33)
- Escalade (EPA No. 228-442)
- Garlon3A (EPA No. 62719-37)
- Aquamaster (EPA No. 524-343)
- Telar XP (EPA No. 352-654)
- Milestone (EPA No. 62719-51)
Alaskans overwhelmingly oppose the use of herbicides as a means of controlling vegetation.
Governor Jay Hammond banned the use of herbicides by state agencies in 1978.
Alaskans have continued to lodge legal opposition to the spraying of herbicides and other harmful chemicals in court actions, some of which have been taken to the Alaskan Supreme Court, resulting in rulings ordering stays and continuances of stays against permits acquired to use herbicides.
Some are delayed in a system that is unable or unwilling to process these requests in time to effectively stop the spraying and protect the human and non-human life that it impacts.
Despite public opposition, permits to spray herbicides continue to be applied for and continue to be granted.
Since recent legislation has all but eliminated Public Comments the minimum due diligence requires only a 30 day notice, which leaves precious little time for communities to take action.
An emergency motion to stay an action is appropriate when
"To avoid irreparable harm, relief is needed in less time that would normally be required for the court to receive and consider a response" and "it clearly appears from specific facts ... that immediate and irreparable injury, loss or damage would result. (Alaska RAP 504)
This standard essentially is the same as that applicable to a motion for temporary restraining order or preliminary injunction under Alaska Rules of Civil Procedure 65."
Many communities do not have the resources to launch an effective appeal before the planned spraying and, therefore, are essentially denied, by default, the opportunity to protect themselves and their natural surroundings from the consequences of the spraying of herbicides.
Please do what you can to support this petition and share this in order to restore the right to make healthy choices for our communities and future generations.
