(no subject)

"Bryon P. Backenson" <bpb01@health.state.ny.us>,"Kent, Bob" <bkent@dep.state.nj.us>
Subject: Suffolk County Vector Control wins legal decision
Date: Mon, 17 Mar 2003 15:43:18 -0500
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I am pleased to report that a lawsuit initiated by the Peconic Baykeeper,
attempting to shut down the Suffolk County Vector Control program, has been
dismissed. The lawsuit, prepared with the assistance of the Pace
Environmental Litigation Clinic, alleged that, under the State Environmental
Quality Review Act (SEQRA), Vector Control was required to prepare an
environmental impact statement (EIS) prior to conducting any mosquito
control work. Instead, the County had prepared a "negative declaration",
stating that there would be no significant adverse impacts from the County's
2002 Vector Control Plan of Work, meaning an EIS is not required. In its
decision, the court indicated that the allegation that Suffolk County had
violated SEQRA was "without merit". This is a major legal victory for the
program, because preparation of an EIS is a multi-year process that would
have halted all but emergency mosquito control in the County, had the court
ruled in the Baykeeper's favor. A key factor in the court's decision was
the extensive documentation provided by the County indicating that it had
carefully considered the possible impacts of the County's program, which
includes surveillance, water management, larviciding, and adulticiding.

The County is committed to ensuring that only the most modern,
environmentally sound control techniques are used by Vector Control. In
addition, the Plan of Work that was upheld by the court does not include
wetlands restoration and places limits on wetlands water management.
Therefore, the County is preparing a Wetlands Management and Vector Control
Long Term Plan with a Generic EIS. This 3-year planning project will
provide a comprehensive, long term plan for the program that will guide
control efforts and recommend appropriate control techniques, especially in
the area of wetlands management. The Generic EIS will address all relevant
environmental issues. The court's decision means that, in the meantime,
Suffolk County's existing mosquito control program will remain in place.

Dominick V. Ninivaggi \ ()
Superintendent \ \__ () /
Division of Vector Control \____\ ()___/
Suffolk County DPW \\()/
335 Yaphank Avenue ======OO08<----
Yaphank, NY 11980 ____//()\___
Voice:631-852-4270 / __/ () \
FAX: 631-852-4140 / / () \
                                            / ()
dominick.ninivaggi@co.suffolk.ny.us
Received on Tue Mar 18 09:26:46 2003