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Sent:  1/23/2004 4:58:17 PM Pacific Standard Time
Final Order in WA Toxics Coalition V. EPA Court Case

We would like to begin with "Good Day" to all of you, but unfortunately
Judge Coughenour released his final order in Washington Toxics Coalition v.
EPA yesterday.  Both Defendants and Intervenors in the case do not agree
with the Judge's decision and will be asking for a stay pending appeal.

The order is very poorly written, which makes it confusing to read and
difficult to accurately communicate.  The ruling mandates 300-foot buffers
for aerial application and 60-foot buffers for ground application of 38
pesticides in "salmon supporting streams" in areas of Oregon, Washington and
California that are designated as critical habitat for the listed salmon
species.  The effective date is February 5, 2004. 

A pesticide product containing the active ingredients listed in the attached
chart will be subject to the order.  Those that have received a "no affect"
determination or a "not likely to adversely affect" determination will not
be subject to buffers.  Those with a "may affect" determination and those
for which a determination has not yet been made will be subject to buffers.

In addition to farms and forests, the order also enjoins pesticide use on
parks, golf courses, homes and other property next to streams, rivers or
lakes.  In sum, wherever any of the 38 pesticides are used, terms of the
order will apply.

Our legal and regulatory experts are currently looking over the order very
carefully.  We will be getting back to you with more details.  In the mean
time see attachments.

Please note that this lawsuit was not about actual harm to salmon, but a
challenge of EPA's procedural actions under the Endangered Species Act
(ESA).  Under the ESA, when agencies actions may affect an endangered
species, that agency is required to consult with the agency responsible for
the species.  In this case, the EPA registers pesticides.  Some uses of
certain pesticides could potentially have an affect on salmon.  Therefore,
EPA should have consulted with NOAA-Fisheries, the agency responsible for
marine fish species.

This ruling affects Washington, Oregon and California.

Our thanks to Heather Hansen at Washington Friends of Farms and Forests for
all she has done to keep us in the loop on this issue.  She has done a
commendable job in keeping up with the day-to-day issues plus communicating
with the press.  Katie Fast with the Oregon Farm Bureau and Joe Hobson,
attorney for the Farm Bureau have stayed very closely involved with OFS on
this case and we appreciate their effort.

NOTE:  Plaintiffs are:  Washington Toxics Coalition, Northwest Coalition for
Alternatives to Pesticides, Pacific Coast Federation of Fishermen's
Association and Institute for Fisheries Resources.

Defendants and Intervenors are:  Crop Life America (formerly American Crop
Protection Assn), Oregonians for Food and Shelter, Oregon Farm Bureau
Federation, Fruit Growers League of Southern Oregon, Hood River
Grower-Shipper Assn., Malheur County Onion Growers Assn., Orchard View
Farms, Inc, Oregon Agricultural Chemicals & Fertilizer Assn., Oregon Alfalfa
Growers Assn., Oregon Cattlemen's Assn., Oregon Dairy Farmer's Assn., Oregon
Forest Industries Council, Oregon Hop Growers Assn, Oregon Horticultural
Society, Oregon Seed Council, Oregon Cranberry Farmers' Alliance, Oregon
Wheat Growers League, Wasco County Fruit & Produce League, Agricultural
Cooperative Council of Oregon, American Forest Resource Council, Washington
Friends of Farms and Forests, California Plant Health Association,
Ag-Retailers Assn., Hop Growers of Washington, Far West Agribusiness Assn.,
California Agricultural Aircraft Assn., National Agricultural Aviation
Assn., Idaho Mint Growers Assn., Washington Mint Growers Assn., Washington
State Farm Bureau, Washington Potato Commission, Washington Assn of Wheat
Growers, Washington Horticultural Assn; Western Washington Agriculture Assn;
National Potato Council; US Dry Pea & Lentil Council, and Western Washington
Golf Course Superintendents Assn.

Attorney for the Intervenors is Michael Klise of Crowell & Moring in
Washington, D.C.

Terry Witt & Paulette Pyle
Oregonians for Food and Shelter
3415 Commercial Street SE, Suite 100
Salem, OR 97302-4668
phone: 503-370-8092 fax: 503-370-8565
email: sandi@ofsonline.org
OFS Website: http://www.ofsonline.org






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