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Audubon Soc'y of R.I. v. Hayes

Citation: 2 ELR 20509
No. No. 72-1397, (R.I. Super. Ct., 05/31/1972)

Because the ordinary procedure under the state Administrative Procedure Act would have taken too long to complete, the Rhode Island Department of Natural Resources could use an emergency procedure to authorize spraying of 64,000 acres with the pesticide Sevin. However, any permanent program of spraying must comply fully with the ordinary procedures of the Administrative Procedure Act and must be reviewed by this court. Two plaintiffs in the present action, operators of a fish hatchery and an herb garden, are entitled to orders forbidding the State from spraying Sevin over or near their property. Moreover, before the State may spray, even on an emergency basis, it must give 72 hours public notice and permit members of the public to request that their property not be sprayed.

Counsel for Plaintiffs
Louise Durfee
Tillinghast, Collins & Graham
1030 Hospital Trust Building
Providence, Rhode Island 02903

Counsel for Defendants
Richard Israel Attorney General
State House
2050 Benefit Street
Providence, Rhode Island 02903