A classic mix of grassroots activism, litigation, regional networking and long term persistence proved to be a blueprint for success when Northcoast residents convinced Caltrans this March to halt herbicide spraying on several hundred miles of highway roadsides. Bowing to overwhelming opposition from a vast majority of the region's population, Caltrans agreed to honor the wishes of local governments that vote to oust spray trucks from highways in their jurisdiction.
The Northcoast district of the California Department of Transportation (Caltrans) announced March 17 that it would immediately cancel spraying in unincorporated areas of Mendocino County and within the city limits of Arcata where local officials had already passed resolutions against the herbicides. The policy was extended to all local governments in District 1, which encompasses Lake, Mendocino, Humboldt and Del Norte counties.
Two weeks later, Humboldt County supervisors voted unanimously in favor of non-toxic roadsides, extending the no-spray zone to almost 750 miles, or 5%, of state highways.
The policy is currently limited to highways in District 1, but it could have broad implications for the entire state.
Grassroots Victory
Caltrans' decision came in the wake of vigorous protests from throughout the region when the agency returned to full scale spraying after a three year moratorium and several years of mowing most roadsides. Hundreds of Northcoasters participated in demonstrations and thousand signed petitions. Several blocked spray trucks and many more were organizing blockades in the event Caltrans persisted in its plans to spray their neighborhoods. Four people were arrested in a blockade protest in Mendocino County.
Thousands of people called and wrote city, county and state elected officials, demanding a change in policy. Northcoast representatives to the state senate and assembly insisted that local government decisions be honored. Finally, even Caltrans was forced to realize that community opposition was not only deeply felt but also widely held.
"This victory is shared by countless people who worked for years to stop Caltrans' spraying," said Jennifer Hanan, president of Californians for Alternatives to Toxics (CATs), which spearheaded the campaign for fifteen years. "This is a great grassroots success story in which the people never gave up and finally prevailed against one of the largest and most powerful agencies in the country."
Local governments in District 1 were notified that decisions to end highway spraying would be honored only if Caltrans can present its side before a vote is taken and that it would have to be renewed annually. But continually trying to reinterpret itself to the public would be unnecessary if Caltrans would institute alternative means of vegetation control that make spraying unnecessary.
"Arcata has had a successful policy for ten years that bans pesticide on city properties, including our roadsides," said Jason Kirkpatrick, Arcata city council member. "I think Caltrans needs to honor requests to have a long term policy that meets our needs."
Longtime Opposition On The Northcoast
Arcata first told Caltrans that its spray trucks were unwelcome in city limits more than ten years ago. Opposition to roadside spraying was intense at the time, but Caltrans officials had for years alternately ignored or ridiculed the concerns of anti-spray protesters and Arcata's demands were unheeded.
The first protest occurred in 1972 when farmers growing on land adjacent to Hwy 101 in Mendocino County didn't want herbicide drift to imperil the organic status of their crops. Peter Behr, then the region's state senator (see "The Last Great Northcoast Politician Dies") took a strong position demanding that Caltrans not spray where adjacent landowners were opposed.
Behr's words fell on deaf ears, as did those of a growing number of critics. The only major change Caltrans would make in the next few years was to discontinue its use of the restricted herbicide 2,4-D.
Spray rigs were extremely primitive, usually consisting of a tank rigged up on a flatbed truck with a hose streaming out herbicide. More sophisticated spray trucks developed later had a platform at the front of a truck where a worker would stand - usually wearing little or no protective devices - and direct a spray wand down toward the roadside.
By the early 1980's, the movement against roadside spraying had spread to communities scattered throughout rural northwestern California. CATs was formed in 1982 to network those isolated local efforts and disseminate information in the northern state. One of the main purposes of the new organization was to coordinate the fight against Caltrans.
Nancy Correll was CATs' able director for several years. CATs began writing summaries of information about Caltrans herbicides and disseminating the information. One of the best efforts coordinated by Correll was a 1986 health survey conducted in Trinidad just after spraying through the community. Scores of people reported health problems they associated with the spraying.
I became director of CATs when Nancy left the organization in 1988. Caltrans had sprayed near my home, and after a week of incapacitating illness I was determined to return to full-time anti-pesticide work. I had been a community organizer for several years and had helped stop county roadside spraying; stopping Caltrans seemed a logical next step.
From 1980 until 1988, community groups had spent thousands of hours fighting roadside spraying, using petitions, rallies, community health surveys and road blockades. As a result, several Northcoast counties quit spraying their roads, and most cities in the area followed suit. But Caltrans refused to even consider changing its policy.
In 1988 a neighborhood group called Mow Our Weeds obtained a restraining order against Caltrans spraying on the Marin County stretch of Highway 1. Kristy Sarconi of the Toxics Committee of the Mendocino Sierra Club group approached CATs with a plan to sue Caltrans statewide under the California Environmental Quality Act. The suit would allege that the agency failed to file timely reports, involve the public in its decisions, or consider environmental effects of its its spray program.
CATs organized two dozen northern California community groups, obtained funding and a lawyer and worked full-time with the Toxics Committee for half a year gathering information for the lawsuit. But Caltrans relented several days before the suit was to be filed and entered into negotiations with CATs.
Caltrans promised it would write a statewide Environmental Impact Report, stop spraying in District 1 until the EIR was done, and reduce its use of herbicides statewide. It was an agreement that gave more than anti-spray forces had hoped to get in court, but less than what they believed was necessary.
To expand public involvement in preparing the EIR, CATs organized well-received press conferences in several cities and sent information to environmentalists outside the region; in all, about 400 people from all over the state critiqued the EIR. When it was completed, Caltrans' was in compliance with the law and was committed to reducing its chemical use, but no change was visible outside District 1. Eventually it became clear that the greatest success of the legal challenge was that Caltrans was finally listening and responding to the public.
Caltrans budgeted $500,000 per year to study alternatives. Spraying was suspended in District 1 from 1989 through 1992, with mowing replacing herbicides on most roadsides until the mid-1990's when the agency gradually increased the area that was sprayed. CATs contacted thousands of Northcoast residents to warn them that spray rigs were back, but it took the visual shock of dead vegetation to wake the community.
"Maybe they thought it was OK to start spraying again since the neighborhoods were quiet during and just after the moratorium," said Betty Ball, director of the Mendocino Environmental Center. "But Caltrans was wrong. Anti-spray sentiment was as strong as ever; it just needed a jolt to be up and going again."
Return Of The Spray Trucks
The jolt came within weeks of the resumption of full-scale spraying in the spring of 1995. Everywhere people were complaining about ugly "death zones" on roadsides and medium strips all over the Northcoast.
For people who live along rural two lane highways which cut through their communities the reaction was immediate. For them, roadsides are the local footpath to school buses, neighbors' homes, stores and the post office.
People living along Highways 1 and 128 in Mendocino and 36 in Humboldt - all two-lane rural highways - were the first to react to the spraying.
A group of neighbors started meeting regularly in Bridgeville on Highway 36, where one farmer took action when she heard that the spray rig was on its way. Ellen Stretton placed her lawn chair on the road and sat back waiting for the truck, "Do not spray!" signs in hand.
"An ordinary Caltrans truck came and I tried to flag them down to find out where the spray truck was," said Ellen of her impromptu road blockade. "They wouldn't respond until I got in front of the truck and even then they wouldn't tell me what was going on. Days later we saw that the grass was dead, and it was a shock to see after all those years of mowing."
In Mendocino, Sue Miller and her neighbors organized a rally on coastal Highway 1 which alerted people to the need for renewed action against the spraying. A group started meeting at the coast, calling itself Neighbors Against Herbicides.
"In April 1996, during the rains, we awoke to the band spraying along Highway 128 and 1," said Compche resident Greg Krouse. "We had thought Caltrans had stopped using these toxics and here it was again. It felt like a trespass in this very public place and the worst part was we were paying for it. I ran to address the danger. My friends and associates were equally activated."
A neighborhood group sprang up in coastal Trinidad in northern Humboldt, the scene of large rallies and road blockades in the mid-1980's. This time around the community leaders in Trinidad and other areas were new to the movement, adding fresh energy and commitment to the campaign.
"I knew Caltrans stopped spraying when I was in grammar school and there were so many protests, so it shocked me last year when I saw them spray down the bank above Big Lagoon, a spot that's very sacred to me," said Trinidad resident Renee Nitzel. "Seeing that motivated me to begin organizing in my community."
"Caltrans was spraying herbicides that are known to leach into water. In fact one is a leading polluter of groundwater in California," said Josh Strange, a marine biology student at Humboldt State University. "Yet I took photographs of vegetation sprayed down to the waterline in ditches and right over culverts. I was outraged to see such careless use of these chemicals!"
Calls for information were pouring into CATs from all directions. In July 1996, CATs published a report summarizing the issue and describing the toxicity of the herbicides. Later in the summer we organized a meeting in Eureka between Caltrans and several anti-spray leaders from around District 1. From this the Roadside Vegetation Management Advisory Committee was formed by Caltrans. Four of its most prominent critics are among the 14 members of the committee.
The movement in Mendocino gained momentum over the summer and campaign headquarters were set up in Ukiah at the Mendocino Environmental Center. Els Cooperider became the unofficial campaign coordinator, planning rallies and calling scores of locals who had once been involved in the effort. Soon petitions were being taken door-to-door.
"It became clear that people in Mendocino were going to blockade the highways if their position against the spraying continued to be ignored, so the board of supervisors sat up, took notice and realized it was time to intervene," said Els.
First, in October 1996, then again early in 1997 after newly elected members had joined the board, Mendocino's supervisors demanded that spraying on highways within the county be halted immediately.
"Mendocino hasn't used herbicides on county roadsides for twenty years," said Mendocino County supervisor Charles Peterson. "Now that we have stopped roadside spraying, we have to tend to the serious business of what are we going to do about roadside vegetation. Now the real work is at hand."
Opposition Heats Up
After the supervisor's vote it was especially galling when Caltrans resumed spraying in Mendocino County. Even people who didn't care much if spraying continued were angry when their local government was blatantly ignored by the giant state agency.
Meanwhile, the Yurok Tribe in Humboldt County quietly passed a resolution requesting Caltrans to stop spraying on roads in its reservation, which was quickly granted, based on the sovereign nation status of the tribe.
A neighborhood group calling itself Poison Free was formed in Garberville in southern Humboldt. School boards in Trinidad, Leggit and southern Humboldt passed resolutions asking Caltrans to stop spraying.
Two Trinidad residents wrote to District 1 Director Knapp about their medically diagnosed health conditions which are triggered by exposure to certain chemicals. Although each suffers from a different condition, both are under strict orders from their doctors to avoid all exposure to pesticides.
One wrote about how she was unable to obtain information about the location of the spray truck in spite of assurances from Caltrans that its schedule would always be available to her.
"I am terrified of being exposed to roadside herbicides when I'm driving to town. Do you want me to stay home all Spring?" she asked.
Two rallies in front of Caltrans' maintenance yard in Ukiah drew 30-40 protesters out in the early morning hoping to stop the spray truck before it went out on the road. Some protesters traveling from the coast stayed in motels to be up before dawn to make the rallies.
Two rallies with over 100 people at each took place during one week in February. The first brought together anti-spray leaders from around Mendocino County at the courthouse in Ukiah to sing, give speeches and distribute information about the toxicity of Caltrans' herbicides. Two days later, Humboldt County protesters brought street theater, music and speeches to District 1 headquarters in Eureka where they presented Rick Knapp with 1800 signed petitions and later paraded downtown.
Spirits were still high several days later when four grandparents took turns stepping in front of the spray truck as it lumbered down Hwy 128. They were arrested for their effort - and earned the instant gratitude of scores of people who redoubled their commitment to do the same if necessary.
One of the arrested was Bev Elliot, who carried a sign that asked, "Mendo Supes say NO! Mendo people say NO! Rick Knapp - what part of NO don't you understand? Stop Spraying!"
"Caltrans' agreement to reduce herbicide use is a tacit admission that it's a wrong thing to do," said Bev, "so why not just stop it now?"
Organizers in Mendocino and Humboldt set up networks to monitor the location of the spray truck for broadcast on local radio. Intermittent rain delayed spray plans, and when the truck returned to spray Highway 101 near Ukiah two people tried to stop it. This time highway patrol officers would only transport them back to their cars, refusing to cite them.
Said one officer, "We don't like that spraying either!"
The Northcoast's state Senator, Mike Thompson, and its Assemblywoman, Virginia Strom-Martin, wrote to state Director James Van Loben Sels and Knapp demanding that the decisions of local government be honored.
The Arcata city council voted unanimously to send Caltrans a "no spray" message and the city council of Trinidad, after speaking out against spraying, decided to hear a motion to vote on the issue as soon as Caltrans could attend a meeting. A rally in the tiny coastal city attracted over forty protesters.
Within days the word went out from Caltrans that it would institute the new local determination policy.
Two weeks later the Humboldt supervisors voted unanimously in favor of booting the spray trucks out of the county. Among 35 speakers at the meeting was a Monsanto public relations representative who waved thick documents about Roundup's supposed safety. He didn't impress anyone, and several speakers followed him who discredited pesticide registration follies committed by the EPA and pointed out that Roundup is Monsanto's cash cow.
"For Caltrans this is a vegetation management problem, but for the people of Humboldt County this is a health issue," said Supervisor Bonnie Neely after listening to several hours of testimony. "The county has a policy of not spraying its roads and Caltrans shouldn't spray either."
Future Plans
Although the city of Trinidad had planned to vote on the issue, the meeting was canceled when Rick Knapp wrote to city officials explaining he had already decided to exempt a special twelve mile zone through the Trinidad area.
In Ukiah, the city council considered whether it should vote to end spraying on the section of Highway 101 that runs through city limits. Longtime anti-spray activist Barry Vogel argued that the city could make a decision immediately without Caltrans in attendance, but the council chose to table a decision until Caltrans could attend a council meeting.
Residents of Del Norte and Lake counties have taken note of the situation and organizing activities are underway in each county. Del Norte abandoned roadside spraying more than ten years ago, but Lake County has continued to spray its roadsides because, insist public works officials, they must manage for fire hazard - apparently by leaving dead vegetation on the side of the road!
Other counties in the state which have stopped or reduced roadside spraying may also want to look at ending Caltrans spraying in their areas. CATs is currently surveying all 58 counties and compiling information about Caltrans spraying in the other eleven districts for a report due out later this spring or early summer.
For the long term, it is imperative that Caltrans move quickly to implement alternative methods of roadside vegetation management on district roadsides. Mowing has its place in roadside vegetation management but should not be the major method of control. Finding and instituting alternative controls shouldn't be too overwhelming a problem for Caltrans since the agency recently published a study on available alternative vegetation control that was over three years in the making and cost several hundred thousand dollars to produce. Another report is due out this summer from the state of Washington, and several Midwestern states are actively involved in replacing herbicides with other control measures.
Caltrans needs to move beyond mere experimentation and reports. After twenty-five years of hearing from the public Caltrans has no excuse to avoid putting its words into action and bring alternative vegetation control techniques to work on our highways.
Caltrans needs to move beyond mere experimentation and reports. After twenty-five years of hearing from the public Caltrans has no excuse to avoid putting its words into action and bring alternative vegetative control techniques to work on our highways.
Copyright Mendocino Environmental Center 1997
Permission granted to excerpt or use this article if source is cited