Santa Cruz judge blocks spraying

A Santa Cruz County judge on Thursday dealt a major setback to the state's campaign against the invasive light brown apple moth, barring aerial spraying over the county until the state does a full environmental review of its anti-pest program.

The ruling could keep planes from spraying a pesticide targeting the moth for up to a year, while the state studies the spray's effect on people and the environment, county spokeswoman Dinah Phillips said.

State Secretary of Food and Agriculture A.G. Kawamura vowed to appeal the ruling immediately, saying the decision was delaying "the safest, most progressive eradication program available."

After meeting with lawmakers and environmentalists, Gov. Arnold Schwarzenegger said the state would postpone aerial sprays in any of the 12 counties where the moth has been found.

Officials said any spraying wouldn't be conducted until at least Aug. 17, when further "acute testing" of human health effects of a chemical sprayed over the Central Coast last year would be complete.

The state originally planned to start spraying in June.

"The light brown apple moth is a serious threat to California's forests and agriculture. If left uncontrolled, the moth would have a devastating impact on our state's environment and economy," he said in a statement.

A spokeswoman for the governor said the postponement was unrelated to the court ruling.

Hundreds of people complained of feeling sick when planes applied the first round of spray in Monterey and Santa Cruz counties last fall. State environmental health experts recently said those reported illnesses can't conclusively be tied to the spray.

Soon after the spraying, the county and city of Santa Cruz sued, saying Kawamura broke state law by authorizing the aerial campaign without the benefit of environmental review.

Environmentalists filed a similar suit in Monterey County Superior Court, which is scheduled to be heard May 8.

Santa Cruz Judge Paul Burdick ruled Thursday morning that the state had not proved the moth infestation constituted an emergency, a category that would have allowed authorities to avoid the lengthy review process.

State officials did not immediately respond to calls on how the ruling would affect spraying plans in the Bay Area.

The federal Agriculture Department, which says the dime-size Australian moth threatens to destroy hundreds of millions of dollars' worth of crops, will wait until the state's appeal has been heard and resolved before considering whether to go ahead with the spray campaign under federal authority, spokesman Larry Hawkins said.

Assemblyman John Laird, D-Santa Cruz, who has written two bills critical of the program, said he hoped the ruling would "make way for additional science-based, independent third-party review" of the state's plans.

Dozens of Santa Cruz residents rejoiced on the courthouse steps Thursday, Phillips said.

"When the judge announced his decision, a tremendous cheer was raised," she said. "I can still see dozens of people outside my window giving each other high fives."