Connect with CP&DR

facebook twitter

Follow us on Facebook and Twitter

Articles by Category

CDFA Erred in EIR Alternatives Analysis on Pest Control Action, Court Rules

publication date: Jan 11, 2016
View a Printer Friendly version of this page, allowing you to print the page. Send a summary of this page to someone via email.

The California Department of Food & Agriculture erred in preparing an environmental impact report for a program intended to eradicate with an invasive pest without examining the long-term consequences of an alternative program to control the pest rather than eradicate it, the Third District Court of Appeal has ruled.

As it happens, CDFA actually switched the program at the last minute from eradication to control, but the Third District said the defeat in the EIR would have been a legal problem under any circumstances. Relying on Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439, the Third District said CDFA's action was "prejudicial," requiring the appellate court to reverse two trial court rulings related to the case.

The case involves CDFA's efforts to eradicate the light brown apple moth, or LBAM, an invasive "leaf-roller" moth that was first seen in California in 2007. Because LBAM represented a threat to all California ornamental plants as well as fruits and vegetables, and its invasion of California was moving fast, the legislature quickly authorized CDFA to undertake a temporary LBAM program with the goal of eradicating the pest. >>read more


This article is available for purchase for $5.00 - please click here for details.

Sorry this page is available to premium subscribers only.

If you are already a subscriber, please login.

If you're not a subscriber why not join today?

If you believe you should be able to view this area then please contact us and we will try to rectify this issue as soon as possible.