Organizations Seek to Halt Railroad Herbicide Spraying
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The Native Village of Eklutna, Conservation and Health Organizations Seek to Halt Railroad Herbicide Spraying

An emergency petition for review was filled with the Alaska Supreme Court on behalf of Native Village of Eklutna, Alaska Community Action on Toxics and six other community groups asking to halt herbicide spraying by the Alaska Railroad Corporation (ARR)

Update: The Alaska Supreme Court just ordered the stay continued until further notice.

An Anchorage superior court judge denied a preliminary injunction to halt herbicide spraying by the ARR along its right-of-way between Indian and Seward, but he did continue a stay of herbicide spraying until midnight, July 15, 2010, to allow time to file the appeal. The ARR gave notice that the spraying would begin at 9 a.m. Friday, July 9, 2010, but it has been stayed since July 8, 2010. The ARR permit allows it to spray glyphosate, the active herbicide in Roundup, and Agridex, a surfactant with an unknown chemical formulation and unknown health impacts.

The groups challenged the permit, the first to be issued in 26 years, on the grounds that their due process rights were violated by the lack of legally required information provided in the public process and that the Alaska Department of Environmental Conservation arbitrarily approved this permit when a very similar permit was denied three years ago.

Petition for Review
Press Release
Emergency Motion