LISTSERV mailing list manager LISTSERV 16.5

Help for SCIENCE-FOR-THE-PEOPLE Archives


SCIENCE-FOR-THE-PEOPLE Archives

SCIENCE-FOR-THE-PEOPLE Archives


SCIENCE-FOR-THE-PEOPLE@LIST.UVM.EDU


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

SCIENCE-FOR-THE-PEOPLE Home

SCIENCE-FOR-THE-PEOPLE Home

SCIENCE-FOR-THE-PEOPLE  April 2007

SCIENCE-FOR-THE-PEOPLE April 2007

Subject:

Victory for No Spray Coalition: City Signs Agreement (full text)

From:

Mitchel Cohen <[log in to unmask]>

Reply-To:

Science for the People Discussion List <[log in to unmask]>

Date:

Fri, 13 Apr 2007 19:57:39 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (736 lines)

NEW YORK CITY and NO SPRAY COALITION settle 
7-year old lawsuit that began over pesticides 
sprayed to kill mosquitoes said to be vectors for West Nile encephalitis.



No Spray Settlement in Lawsuit against Giuliani, et. al.

------------------------------------------------------------------------------

Feds Approve, and Judge Daniels Signs Agreement on April 12, 2007

-------------------------------------------------------------------------------

New York City admits that pesticides may remain 
in the environment beyond their intended purpose 
and may cause adverse health effects

--------------------------------------------------------------------------------

Coalition Wins Eighty-Thousand Dollars for NY Grassroots Environmental Groups

---------------------------------------------------------------------------------


STIPULATION OF AGREEMENT AND ORDER
00 Civ. 5395 (GBD) (RLE)


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

-----------------------------------------------------------------------------------x

NO SPRAY COALITION, INC., NATIONAL COALITION
AGAINST THE MISUSE OF PESTICIDES, INC., DISABLED IN
ACTION, INC., SAVE ORGANIC STANDARDS NEW YORK
BY ITS PRESIDENT HOWARD BRANDSTEIN, VALERIE
SHEPPARD, MITCHEL COHEN, ROBERT LEDERMAN, AND
EVA YAA ASANTEWAA,

Plaintiffs,

-against-

THE CITY OF NEW YORK, RUDOLPH GIULIANI, as MAYOR
OF THE CITY OF NEW YORK, THE DEPARTMENT OF
HEALTH OF THE CITY OF NEW YORK, NEAL COHEN,
COMMISSIONER OF THE DEPARTMENT OF HEALTH OF
THE CITY OF NEW YORK, THE OFFICE OF EMERGENCY
MANAGEMENT OF THE CITY OF NEW YORK, AND
RICHARD SHEIRER, COMMISSIONER OF THE OFFICE OF
EMERGENCY MANAGEMENT FOR THE CITY OF NEW
YORK,


Defendants.

-----------------------------------------------------------------------------------x

WHEREAS, Plaintiffs No Spray Coalition, National 
Coalition Against the Misuse of Pesticides, 
Disabled in Action, Save Organic Standards New 
York, Mitchel Cohen, Valerie Sheppard, Robert 
Lederman and Eva Yaa Asantewaa (collectively, the 
“Plaintiffs”), commenced this action in 2000 
alleging violations of the Clean Water Act 
(“CWA”), Resource Conservation and Recovery Act 
(“RCRA”), and the State and City Environmental 
Quality Review Acts (“SEQRA” and “CEQR”) 
regarding the application of chemical adulticides 
in or near wetlands and waterways by the City of New York; and

WHEREAS, Plaintiffs’ RCRA, SEQRA and CEQR claims 
were dismissed in a decision dated September 25, 
2000, No Spray Coalition v. City of New York, No. 
00 Civ. 5395, 2000 U.S. Dist. LEXIS 13919 
(S.D.N.Y. Sept. 25, 2000), as affirmed in a 
decision dated June 5, 2001, No Spray Coalition 
v. City of New York, 252 F. 3d 148 (2d Cir. 2001).

WHEREAS, in consultation with the United States 
Environmental Protection Agency (“EPA”) and the 
New York State Department of Environmental 
Conservation (“NYSDEC”), and in response to 
public comments received from Plaintiffs and 
others, the New York City Department of Health 
and Mental Hygiene (“NYCDOHMH”) has developed an 
Integrated Pest Management Program to control 
mosquitoes that includes, among other things, 
surveillance, education, and adherence to 
regulations intended to minimize the spread of 
West Nile virus and reduce the application of chemical adulticides; and

WHEREAS, Plaintiffs do not concede that they 
condone NYCDOHMH’s Integrated Pest Management 
Program and continue to request a complete ban on 
the use of toxic pesticides in New York City; and

WHEREAS, NYCDOHMH, as an agency of defendant City 
of New York (“City”), acknowledges that chemical 
adulticides may remain in the environment beyond 
their intended purpose and may cause certain 
adverse health effects and are not presently 
approved for direct application to waterways, and 
it has sought to address these issues as part of 
its Integrated Pest Management Program; and

WHEREAS, the NYCDOHMH acknowledges that it has 
received and responded to comments made by 
Plaintiffs and others regarding their detailed 
health and environmental concerns regarding the 
application of chemical adulticides, as expressed 
at, among other places, the public hearings on 
comments in the Final Environmental Impact 
Statement for NYCDOHMH’s proposed Adult Mosquito Control Programs; and

WHEREAS, NYCDOHMH recognizes that the public 
health, and fish and other aquatic life in 
wetlands and waterways, including some natural 
mosquito predators, may be adversely affected 
when chemical adulticides are sprayed over or 
adjacent to waterways or not in accordance with 
label instructions and Federal, state, and local regulations; and

WHEREAS, NYCDOHMH recognizes that the resistance 
of mosquitoes to chemical adulticides has been 
found to increase with the number of applications 
and size of area sprayed, and with the repeated 
use of the same pesticide to control both larvae 
and adults (Florida Coordinating Council on 
Mosquito Control. 1998), and has sought to 
address these concerns as part of its Integrated Pest Management Program; and

WHEREAS, as part of its Integrated Pest 
Management Program, NYCDOHMH regularly analyzes 
the efficacy of its program including, among 
other things, its use of chemical adulticides; and

WHEREAS, the NYCDOHMH has reassessed the spraying 
of malathion and pyrethroid pesticides that it 
conducted in 1999 and 2000 and has reconsidered 
its procedures and approach since that time, and continues to do so; and

WHEREAS, NYCDOHMH recognizes that in 2005 the 
City Council passed and the Mayor approved Local 
Law 37, which is intended to reduce the amount of 
pesticides used by City agencies, and provide new 
requirements for pesticide applicators and 
remedies for the misuse of pesticides, and

WHEREAS, the parties now desire to resolve the 
issues raised in this litigation, without further 
proceedings and without admitting any fault or liability.


NOW, THEREFORE, IT IS HEREBY STIPULATED AND 
AGREED, by and between the undersigned counsel on 
behalf of the respective parties, and Ordered by the Court as follows:

1. Within 90 days of the entry of this order, the 
City of New York agrees to fund $80,000 in 
environmental projects for the purposes of: (1) 
educating and training New York City residents in 
restoring natural habitat and wildlife; 
preserving biodiversity, and protecting New York 
City's waterways and watershed, which includes 
monitoring and surveillance for dissolved oxygen, 
pH, macroinvertebrate diversity, physical 
habitat, and pesticides; and (2) reducing 
mosquito-breeding habitats and repelling 
mosquitoes in New York City. All of the below 
recipients of such funds are not-for-profit 
organizations and shall not use such funds for 
any purpose other than those discussed above. The 
sum of $80,000 will be divided as follows:

a) $13,000 to the Catskill Center for 
Conservation and development (dir., Tom Allworth),

b) $20,000 to Staten Island Wildlife Refuge (dir. Bob Zink),

c) $13,000 to Rocking the Boat (dir. Adam Green, Bronx),

d) $20,000 to Friends of Brook Park (dir. Harry Bubbins), and

e) $14,000 to Natural Resources Protective 
Association (dir., Jim Scarcella and Ida Sanoff); and


2. This action is dismissed with prejudice, and 
without costs or expenses by or to any party 
except as specifically provided herein; and

3. Notwithstanding paragraph 2 hereof, Defendants 
agree to pay Plaintiffs’ reasonable attorneys’ 
fees, costs, and expert witness fees (“fees and 
expenses”) in connection with the Clean Water Act 
claims asserted in the complaint. Plaintiffs 
shall provide Defendants an itemization of such 
fees and expenses within thirty (30) days of the 
entry of this stipulation and order by the Court; 
and Defendants shall provide Plaintiffs with any 
objection to Plaintiffs’ claim of fees and 
expenses within forty-five (45) days of receipt 
of Plaintiffs’ itemization. In the event that 
Defendants provide objections to the amount of 
Plaintiffs’ claim of fees and expenses, the 
parties shall have thirty (30) days within which 
to resolve their disagreement without court 
intervention. If the parties are unable to agree 
to an amount for Plaintiffs’ fees and expenses, 
Plaintiffs shall petition the court for such fees 
and expenses within forty-five (45) days of the 
date that Plaintiffs received Defendants’ 
objections. Defendants shall have thirty (30) 
days from the date that they are served with 
plaintiffs’ Petition to serve and file a 
response. Defendants shall pay Plaintiffs’ fees 
within ninety (90) days of a final determination 
of the amount of Plaintiffs’ fees, whether by 
agreement or by the Court. In the event that 
Defendants fail to object to Plaintiffs’ 
itemization, Defendants shall pay Plaintiffs’ 
claimed fees and expenses within ninety (90) days 
of Plaintiffs’ submission of their itemized claim; and

4. The City of New York and NYCDOHMH agree to 
meet with the Plaintiffs for two 3-hour sessions 
to discuss in good faith Plaintiffs’ proposals as 
set forth in their September 25, 2006 letter from 
No Spray Coalition to the Office of the 
Corporation Counsel titled "Health and 
Environmental Concerns Pertaining to New York 
City's Application of Pesticides, and Proposals 
for Alternative and Non-Toxic Approaches," which 
can be found at www.nospray.org. The Plaintiffs 
will invite the New York State Department of 
Environmental Conservation, the U.S. Occupational 
Health & Safety Administration and the United 
States Environmental Protection Agency to participate in those meetings; and

5. This order and agreement shall terminate when 
the City has made full payment as set forth in 
paragraph numbers 1 and 3 above and has met with 
the Plaintiffs as set forth in paragraph 4 above; and

6. This agreement may not be used by any person 
as evidence in any proceeding, except for a 
proceeding to enforce the terms thereof.

IT IS HEREBY FURTHER STIPULATED AND AGREED, that 
pursuant to 33 U.S.C. § 1365(a)(3), this 
settlement may not be entered by the Court until 
forty-five (45) days have passed from its receipt 
by the Attorney General and the EPA Administrator.


Dated: New York, New York

April 12, 2007



DANIEL E. ESTRINMICHAEL A. CARDOZO
Attorneys for PlaintiffsCorporation Counsel of the
Pace Environmental Litigation Clinic, Inc.City of New York
78 North BroadwayAttorney for Defendants
White Plains, NY 10603100 Church Street
(914) 422-4343New York, NY 10007
(212) 788-0598


By: ___________________________By: __________________________
DANIEL E. ESTRIN (DE3085)CHRIS REO (CR1524)


JOEL KUPFERMAN
Attorney for Plaintiffs
New York Environmental Law and Justice Project, Inc.
351 Broadway, Suite 400
New York, NY 10007
(212) 334-5551


By: ___________________________
JOEL KUPFERMAN (JK2009)


SO ORDERED:

___________________________
George B. Daniels, U.S.D.J.


ATTACHMENT:


Insertion letter as per settlement agreement:

The following letter outlines the express 
concerns that the Plaintiffs have presented and 
wish to discuss with the City of NY.
No Spray Coalition, et al. Letter to NYC, August 2006

Health and Environmental Concerns Pertaining to 
New York City's Application of Pesticides and 
Proposals for Alternative and Non-Toxic Approaches


I. PROTECTION OF WATERWAYS AND PUBLIC HEALTH

a. Wetland areas and waterways must not be sprayed with adulticides.

b. Establishment of planted vegetative buffer 
areas with berms in areas where wetlands come 
into contact with streets; routinized cleaning of 
street drains. 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. Integrated Pest Management – spraying 
protocols and retaining experts in non-toxic 
mosquito control. The City agrees to provide 
funding for the hiring of experts in non-toxic 
mosquito control who will draft and develop 
comprehensive Integrated Pest Management (IPM) 
programs that do not take a "spray first and ask 
questions later" approach and who will develop 
alternative, non-toxic approaches to mosquito 
control. These programs shall coordinate with or 
be integrated into the City Coun­cil's recently passed IPM legislation.

d. Providing pesticide exposure health risk 
information and advisories on publicly available 
City website. City 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. Public disclosure of fines issued against 
pesticide companies. City will publicly disclose 
and publicize fines is­sued against pesticide companies.

f. Providing prominent links to the following 
pesticide-related studies, on NY City DOHMG and other websites:

    * i. CDC study that found that all residents 
of the United States, including residents of New 
York City and State, now carry dangerously high 
levels of pesticides and their residues in our 
bodies, which may have onerous effects on our 
health. (Third National Report on Human Exposure 
to Environmental Chemicals, Centers for Disease Control, 2005);
    * ii. U.S. Geological Study, which shows that 
a large percentage of waterways and streams 
throughout the United States, including those in 
New York City and State, has been found to 
contain environmentally destructive pesticides 
that may severely impact on animal and aquatic 
life. (U.S. Geological Survey: The Quality of Our 
Nation's Waters, Pesticides in the Nation's 
Streams and Ground Water, 1992-2001, http://pubs.usgs.gov/circ/2005/1291/);
    * iii. Studies confirming that pesticides are 
both a trigger for asthma attacks and a root 
cause of asthma (Salam, et al: Early-life 
environmental risk factors for asthma findings 
from the children's health study. Environmental 
Health Perspectives 112(6):760-765.), and that 
asthma is epidemic throughout New York City;
    * iv. Cicero Swamp Study, showing that 
pesticides killed off the natural predators of 
mosquitoes and that mosquitoes came back much 
stronger after the spraying, because all of their 
natural predators (which have a longer 
reproductive cycle) were dead. These studies were 
done in New York state for mosquitoes carrying 
Eastern Equine Encephalitis, and found a 15-fold 
increase in mosquitoes after repeated spraying, 
and that virtually all of the new generations of 
mosquitoes were pesticide-resistant. (Journal of 
the Am Mosquito Control Assoc, Dec; 13(4):315-25, 
1997 Howard JJ, Oliver New York State Department 
of Health, SUNY-College ESF, Syracuse 13210, USA);
    * v. Studies that show that pesticides have 
cumulative, multigenerational, degenerative 
impacts on human health, especially on the 
development of children which may not be evident 
immediately and may only appear years or even 
decades later (The Multigenerational, Cumulative 
and Destructive Impacts of Pesticides on Human 
Health, Especially on the Physical, Emotional and 
Mental Development of Children and Future 
Generations. A Submission to The House of Commons 
Standing Committee on Environment and Sustainable 
Development by Physicians and Scientists for a 
Healthy World, February 2000;  Guillette, 
Elizabeth, et al: Anthropological Approach to the 
Evaluation of Pre-school Children Exposed to 
Pesticides in Mexico. Environmental Health 
Perspective, Vol. 106, No.6, June 1998; Kaplan, 
Jonathan et al. Failing Health. Pesticides Use in 
California Schools. Report by Californians for 
Pesticide Reform, 2002,  American Academy of 
Pediatrics, Committee on Environmental Health; 
Ambient Air Pollution: Respiratory Hazards to Children, Pediatrics 91, 1993);
    * vi. Studies that show that pesticides make 
it easier for mosquitoes and other organisms to 
get and transmit West Nile Virus due to damage to 
their stomach lining. (Haas, George. West Nile 
virus, spraying pesticides the wrong response. 
American Bird Conservancy, October 23, 2000); and,
    * vii. Studies that show that pyrethroid 
spraying is ineffective in reducing the number of 
the next generation of mosquitoes. (Efficacy of 
Resmethrin Aerosols Applied from the Road for 
Suppressing Culex Vectors of West Nile Virus, 
Michael R. Reddy, Department of Immunology and 
Infectious Diseases, Harvard School of Public 
Health, Boston, Massachusetts, et. al., 
Vector-Borne and Zoonotic Diseases, Volume 6, Number 2, June 2006)

and specific ways in which the City has sought to 
address the concerns raised in these studies;

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.



II. MEDICAL NOTIFICATION & INFORMATION-GATHERING PROCEDURES


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.



III. PESTICIDE EXPOSURE HOTLINE, WEBPAGES & PUBLIC INFORMATION


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, 311, 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, 311 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 
<http://www.beyondpesticides.org/>www.beyondpesticides.org, 
advising people to go to those websites for more information.

g. Recall the DOH's 2004 and other comprehensive 
mosquito surveillance and control plans, because 
of misstatements, advo­cacy of DEET, and 
statements telling people not to wash off 
children's playground toys and sandboxes after spraying, among others.


IV. SPRAYING BUFFERS AND NOTIFICATION


a. No pesticide applications on, over, or within 
1,000 feet of water bodies, wetlands or homes.

b. Notification of spraying events immediately 
prior thereto. 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. Early notification of scheduled spraying 
events for the disabled, young, pregnant, ill, 
and those with com­promised immune systems; free 
transportation from the area for those groups. 
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; pyrethroids + piperonyl butoxide) 
will be permitted; there is no human impact test 
data cur­rently available that tests for their synergistic effects.

f. The City will stop its widespread use of 
Monsanto's Roundup and other organophosphate 
herbicides, which are used mostly for cosmetic purposes.

g. Creation of a “Do-Not-Spray” list for those 
who do not want adulticides sprayed near their 
homes. 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. Addition of a tracer chemical in order to see 
where the adulticides are landing. 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 
reviewed 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.


V. WORKER PROTECTION

a. Provide free medical coverage for all workers 
and other individuals adversely affected by exposure to adulticides.

b. Supervise all pesticide 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. Officially recognize and support the work of 
the “Community Environment and Health Council” to 
be 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. INFORMATION AVAILABILITY


a. Make immediately available all information on 
instances of pesticide applications and geographic location, and

b. Use and make available all GIS maps showing 
all surface bodies of water within and surrounding NYC.

c. 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. 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.



Sincerely,

Mitchel Cohen, on behalf of the
No Spray Coalition and the other Plaintiffs

Top of Message | Previous Page | Permalink

Advanced Options


Options

Log In

Log In

Get Password

Get Password


Search Archives

Search Archives


Subscribe or Unsubscribe

Subscribe or Unsubscribe


Archives

August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004
March 2004
February 2004
January 2004
December 2003
November 2003
October 2003
September 2003
August 2003
July 2003
June 2003
May 2003
April 2003
March 2003
February 2003
January 2003
December 2002
November 2002
October 2002
September 2002
August 2002
July 2002
June 2002
May 2002
April 2002
March 2002
February 2002
January 2002
December 2001
November 2001
October 2001
September 2001
August 2001
May 2001
March 2001
February 2001
January 2001
December 2000
November 2000
October 2000
September 2000
August 2000
July 2000
May 2000
April 2000
March 2000
February 2000
January 2000
December 1999
November 1999
October 1999
September 1999
August 1999
July 1999
June 1999
May 1999
April 1999
March 1999
February 1999
January 1999
December 1998
November 1998
September 1998
August 1998
July 1998
June 1998
May 1998

ATOM RSS1 RSS2



LIST.UVM.EDU

CataList Email List Search Powered by the LISTSERV Email List Manager