The use of the technique known as "Hack and Squirt" to kill Tan Oaks and other "competing vegetation" in the forestlands of Mendocino County has continued all summer, and by this time, well over 10,000 acres has been turned into a poisoned potential firestorm. Forestlands owned by G-P, L-P and Barnum, State-owned Jackson State Demonstration Forest, Jughandle State Park, and Cal-Trans' roadsides have all been treated with a variety of potent poisons, including (but not limited to) Garlon 3, Garlon 4, Oust, and 2-4 D.
Without our consent, we are being exposed to increasing levels of poisons in our environment, witnessing the effects of these poisons on vegetation, fungi, lichens, wildlife, fish and other aquatic life, and living with increasing risk of a catastrophic fire. Worse yet, the people being employed to apply these poisons, to a large extent unsuspecting Mexican workers, are doing so without proper training, protective clothing, or even any common-sense safety precautions. The companies running these spray crews have absolutely no regard for the health, safety or well-being of their employees. In fact, when the Management at Hastings Lumber was confronted by one of their employees about their utter disregard of safety regulations, they became vindictive. Using misrepresentation of facts and outright lies, Hastings Lumber has caused Louis Kragler to lose his Unemployment Benefits, and to "owe" restitution of benefits already received as well as fines and penalties. (See related story in this issue.)
Numerous efforts are underway to attempt to deal with this outrageous situation. Research is being done and meetings are being held to educate people about the potential fire danger, human health risks, and impacts to the forest ecosystems that can result from this so-called "Hack and Squirt" practice. Citizen groups have approached CDF, the Board of Forestry, the County Agricultural (Ag) Department, the Department of Pesticide Regulation and the Boad of Supervisors. In each and every instance, the groups were told "this agency doesn't have any jurisdiction" over this practice. The killing of thousands of acres of hardwoods, applying hundreds of gallons of poisons, jeopardizing the health and safety of employees, and exposing thousands of people to the threat of catastrophic fire is essentially unregulated by any agency!
CDF and the Board of Forestry say this is an herbicide practice, and the Department of Pesticide Regulation has jurisdiction over herbicide use. Department of Pesticide Regulation says use of herbicides is monitored on the County level by the Ag Department. The Ag Department says that Garlon is an unrestricted chemical, so they have no regulatory responsibility over its use, just a requirement that applicators report its use to them (after the fact). The County Board of Supervisors heard a request that they consider declaring this practice a "public nuisance", and call for its abatement. They asked County Counsel Peter Klein for an opinion. The County Counsel said that the County has no jurisdiction, because this is an herbicide practice, and State Statute says that only the designated State Agency (Department of Pesticide Regulation, under the California EPA) can regulate herbicide use. Mr. Klein synopsized for the Board of Supervisors the history of the Mendocino County Herbicide Ordinance, and how it went through years of legal challenge, finally, being upheld by the State Supreme Court, only to be overthrown by the passage of a new law, reserving the right to regulate herbicides and pesticides solely for the State.
Supervisor deVall tried to separate the fire danger from the herbicide issue, pointing out that the trees were killed and left standing before the application of the herbicide. But County Counsel Klein wouldn't hear of it, and insisted that since herbicides are involved, that is the key criteria, so only the State has jurisdiction.
To the Supervisors' credit, and mostly thanks to Supervisor deVall, they did recognize the seriousness and urgency of this situation, and on October 18th, voted unanimously to adopt the following resolution:
"Resolution of the Mendocino County Board of Supevisors Requesting the California State Board of Forestry and/or Other State Agencies to Protect Mendocino County Forest Lands and Residences from the Extreme High Fire Danger Caused by the Girdling and/or Use of Herbicides Resulting in Dead But Not Downed Hardwoods"
WHEREAS, Mendocino County has approximately 1,000,000 acres of commercial Forest Lands; and
WHEREAS, thousands of acres have been treated and hardwoods have been killed and left standing; and
WHEREAS, such standing but not downed dead hardwoods present an extreme fire danger, which threatens the health and safety of thousands of rural and urban residents; and
WHEREAS, there are no current regulations on the practice of girdling of hardwoods, or the use of herbicides, or any requirements that such trees although killed be downed to duce fire danger; and
WHEREAS, this forest management practice continues despite the protests of many residents who would be the most immediately affected by any resulting fire storm; and
WHEREAS, the fire hazard and public health danger is compounded because thousands of acres bear not only dead hardwoods, but also lage amounts of dead brush, much of which has been treated with herbicides, including Garlon (Triclopyr), the impacts of which, under fire conditions, have not been properly assessed.
NOW THEREFORE BE IT RESOLVED, that the Mendocino County Board of Supervisors is extremely conerned on ehalf of the citizens of Mendocino County, and the risk to standing timber lands in the event of fire, and requests the California State Board of Forestry and other appropriate state agencies to:
Call an immediate halt to any practice which leaves lage acreages of killed hardwoods standing but not downed, and
Take immediate action to reduce the present and existing fire danger, and
Call an immediate halt to the use of herbicides including Garlon, in this manner, and to assess the impacts of such use, and
Determine management practices which will not result in creating fire danger, public health hazards or any toxically contaminated soils or vegetation.
Consider the above concerns when issuing a Timber Management Plan.
It is wonderful that the Supervisors passed this resolution unanimously. It is a step in the direction of corralling this out-of-control practice. But, it is only a small step. Much more remains to be done before any real change results. Legal action is being considered. A local attorney and a para-legal are preparing a "Public and Private Nuisance" lawsuit on behalf of people who are being directly impacted by the "Hack and Squirt" practice. People who wish to participate in this legal action, either as a plaintiff, or in a support role, should contact the MEC at 468-1660.
Help is needed with many tasks, including research and fundraising. Expert witnesses both in the fields of fire and toxicology will be necessary, and expert witnesses are costly. Continuing work must be done on the worker-safety issues. We need support for Louis Kragler's continuing battle with Hastings Lumber and the EDD, and we need continuing organizing efforts to see to the implementation and enforcement of proper working conditions for the workers who, in good faith, are continuing to work for the herbicide applicator companies. Call the MEC if you can help with this effort.
Volunteers are also needed to help with community education/organizing efforts - to research and put together up-to-date information sheets; and prepare presentations for schools, radio shows and community/watershed groups.
We will call a halt to this situation only if we organize a well-orchestrated, multi-pronged, but unified, campaign. For that, we need your help! Any skill, time, and or funds you can contribute will be greatly appreciated, and will help us stop this lunacy.
Copyright Mendocino Environmental Center 2004
Permission granted to excerpt or use this article if source is cited