Dfa

Californians for Alternatives to Toxics v. Department of Food & Agriculture

Good Law
136 Cal. App. 4th 1·2005 Cal. App. LEXIS 2060·2006 D.A.R. 893·2006 Daily Journal DAR 1204·38 Cal. Rptr. 3d 638
Court of Appeal of CaliforniaDecember 29, 2005A107088California7,034 words

Opinion

Opinion

Reardon, J.

There is no doubt that the glassy-winged sharpshooter (GWS), a primary vector of Pierce’s disease to crops in this state, is a threat to California agriculture, especially grapevines. Winegrape production in California has a total direct and indirect annual impact on the state’s economy in excess of $33 billion. (Food & Agr. Code, § 6292, subd. (c).)

Respondent California Department of Food and Agriculture (DFA) began operating an emergency program to control Pierce’s disease and the GWS in 2000. In May 2003 the DFA certified a final environmental impact report for a permanent Pierce’s Disease Control Program (PDCP). A key component of the program calls for the use of pesticides to control and eradicate the GWS.

This appeal arises under the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) It raises the question whether a lead agency such as DEA can forgo environmental analysis of the use of pesticide products in the program by relying on the certified regulatory and registration program operated by the California Department of Pesticide Regulation (DPR). We conclude it cannot and for this and related reasons reverse the judgment.

I.…

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