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Citizens Against Toxic Sprays v. Bergland

Citation: 8 ELR 20350
No. No. 76-438, 11 ERC 1557/(D. Or., 04/18/1978) Injunction dissolved

The court dissolves an injunction against aerial spraying of phenoxy herbicides including 2,4,5-T in the Siuslaw National Forest after determining that the Forest Service's new environmental impact statement (EIS) for the project remedies the defects in the earlier EIS. Although the new impact statement gives greater emphasis to studies that show little or no danger from phenoxy herbicides, it adequately treats the hazards to human health presented by the herbicide and contains an improved discussion of alternatives. Voicing misgivings about the acceptability of the unknown risks from spraying given its few benefits as compared to other types of vegetation management, the court nonetheless rules that the limited scope of its reviewing authority does not extend to reversing the agency decision to proceed with spraying.

Counsel for Plaintiffs
Larry N. Sokol
Franklin, Bennett, Ofelt & Jolles
3232 First Nat'l Bank Tower, 1300 S.W. Fifth Ave., Portland OR 97201
(503) 225-0870

Counsel for Defendants
Sidney I. Lezak, U.S. Attorney; Thomas C. Lee, Ass't U.S. Attorney
P.O. Box 71, Portland OR 97207
(503) 221-2101

Counsel for Defendant-Intervenor Industrial Forestry Ass'n
Phillip D. Chadsey
Davies, Biggs, Strayer, Stoel & Boley
900 S.W. Fifth Ave., Portland OR 97204
(503) 224-3380