Lawsuit Against Notification Law In N.Y. Moves Forward

The pesticide notification law, which requires 48-hour notice before pesticides can be sprayed within 150 feet of adjacent property, was passed in August 2000 by the state legislature. The law does not, however, apply to pesticides sprayed to control mosquitoes.  The state legislature left it up to each individual county to decide if it would adopt the law. To date, four counties have adopted the law, and other counties are still considering it.

An industry coalition of roughly 20 associations has filed suits in Westchester, Suffolk and Nassau counties alleging that the law isn't valid because an environmental impact study wasn't completed before the proposal was made law. The coalition contends that under the State Environmental Quality Review Act (SEQRA) an impact study is required before any environmental legislation can be passed.

Derrick Robinson, a Suffolk County attorney, said that their arguments have been submitted to the judge, including a motion to dismiss. Although he acknowledged there's no way to tell how long it will take the judge to make a ruling, he feels as if they have a strong case.

Robinson explained that even if an environmental impact study was required under SEQRA, it isn't up to the individual counties to conduct that study.

"The petitioner is saying that a SEQRA review is required (before the law can be passed), but the law we adopted is a state law that says we have to adopt it without exception," Robinson explained. "We don't feel the SEQRA review applies to us."

Larry Wilson, government affairs chairperson for the New York State Turf and Landscape Association and chairperson of the industry coalition, said that while they are waiting for the judges to make their rulings, the coalition is examining ways to become stronger and more effective.

"We're trying to broaden our reach and strengthen our efforts," Wilson explained. "We're considering changing our name and launching a PR campaign."

In addition to those efforts, the coalition continues to raise money for the legal battle in the event that they move forward with lawsuits in other counties that adopt the law. Since January, Wilson says that the coalition has raised $25,000 from industry groups and businesses that are affected by the law.

IN OTHER COUNTIES. Rockland County's legislative committee met on March 21, 2001, to discuss adoption of the law. Wilson said that this county has been considered the "firewall" county because it has resisted the law so far. In fact, industry opposition has caused county legislators to decide not to hold a public hearing on the matter, squashing the possibility of the proposal being adopted this year.

Albany County has adopted the law, but the coalition hasn't yet decided if they're going to file a lawsuit in that county. Wilson said they are working now to align allies in that county in the case that a lawsuit is filed.