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Ninth Circuit Court Upholds Pesticide Ruling by Bill Rudolph NW Fishletter, May 11, 2004

The Ninth Circuit Court has refused to set aside a January ruling by a federal judge in Seattle that ordered an end to the spraying of certain pesticides near salmon streams while the decision is being appealed.

"The pesticide industry overreached its effort to block protections for salmon," said Earthjustice attorney Patti Goldman. She said the injunction was clearly warranted to keep pesticides out of streams while EPA complies with the ESA and develops permanent protections for salmon.

The injunction called for no-spray zones for aerial application of more than 30 pesticides within 100 yards of streams bearing ESA-listed fish, and a 20-yard buffer for ground application. Judge John Coughenour also ruled that in-store warnings be displayed to inform consumers about possible harmful effects of pesticides on salmon.