10/31/11
A federal judge today upheld new rules designed to protect West Coast salmon and steelhead from three widely used farm pesticides.
Pesticide manufacturers sought to overturn a 2008 decision by the National Marine Fisheries Service that limited where three organophosphate pesticides -- chlorpyrifos, diazinon, and malathion -- could be sprayed in Oregon, Washington, Idaho and California.
Among other restrictions, NMFS' opinion requires the Environmental Protection Agency to prohibit ground application of chemicals within 500 feet of salmon habitat and aerial application within 1,000 feet.
The manufacturers, including Dow AgroSciences, said the buffers are too large and inflexible, and questioned the scientific basis for concluding that the pesticides' harm to fish.
The Northwest Center for Alternatives to Pesticides and other environmental groups said it's clear the pesticides damage juvenile fish, including 27 species of West Coast salmon and steelhead listed under the Endangered Species Act.
These pesticides kill fish directly, the groups said, harm their food supply and habitat, and hinder their ability to navigate back to spawning streams.
Maryland U.S. District Court Judge Alexander Williams Jr. ruled against the manufacturers today. NMFS adequately considered the manufacturers' arguments, Williams wrote, noting that record backing the agency's decision runs to nearly 20,000 pages.
