New Petition: Stop The Spraying of Toxic Herbicides On Prince Of Wales Island, AK

A Brief Synopsis of The Issue

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)


As of September 3, 2014 the spraying was postponed until Spring 2015.
This was good news!
Efforts to change The Preferred Method, from Herbicides to Manual Methods are continuing using all means available.
It is not over yet.

A Brief History of The Effort

For years Alaskans have overwhelmingly opposed the use of herbicides as a means of controlling vegetation. Governor Jay Hammond banned the use of herbicides by state agencies in 1978.

Alaskans throughout the state 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.

That 30 day notice is now past.

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."

The work required to prepare documentation supporting a formal request for a Stay is nearly completed.

Included in that body of work will be documentation presenting the signatures of hundreds of concerned citizens as well as the many Community Resolutions that have been passed voicing their opposition to the use of herbicides in areas that directly impact their communities’ health and livelihood.

This is considered to be a critical issue that will affect the present and future health of all the life forms, human and non-human, at risk by the use of the herbicides proposed.

Most communities and private citizens do not have the resources to launch effective, collective or individual, appeals before the planned spraying begins 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 effort and share in order that the right to make healthy choices for ourselves, our communities, and future generations is upheld.

Thank you!