What is an EIR?
Environmental Impact Reports (EIRs) are required under the California Environmental Quality Act (CEQA) any time a project might affect human health or the environment. The project proponent prepares the EIR, which should assess the health and environmental impacts of carrying out: the project as planned, reasonable alternatives to the project, and no project at all. EIRs can propose “mitigations” for expected health and environmental impacts. The EIR process is intended to inform the public about a project and its effects and allow for public comment. The process has several phases: scoping, when the project planner announces the intent to prepare an EIR; publication of a draft EIR on which public comments are taken; and publication of a final EIR, which often consists of revisions to the draft and responses to the public comments received. There are several types of EIRs and there can be additional revisions in between these steps. Once a final EIR is “certified” and a Notice of Determination to pursue the project is filed, there is a 30-day period, during which legal challenges to the EIR can be filed, before the project can begin.
FINAL ENVIRONMENTAL IMPACT REPORT (EIR) - APPLE MOTH ERADICATION PROGRAM
Final Apple Moth Environmental Impact Report (EIR) certified on 3/22/10; program can start 4/22
EIR lists these LBAM treatments: aerial & ground spray, chemical diffuser twist ties, release of irradiated moths, predatory wasps.
The EIR certification documents say no aerial spray “at this time” for LBAM “management,” but nothing about whether aerial spray would be used in eradication zones.
EIR highlights:
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• Populated areas & parks in 11 counties are potential aerial spray zones: incls. Marin, Alameda, Contra Costa
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• Ground spray possible anywhere in the state the LBAM are found
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• The state is prepared to use warrants and police to force ground spraying on private property if owners refuse
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• Spraying of parks and schools is planned
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• The state’s response to concern about children eating the plastic spray flakes: “even if quantities of Hercon Bio-
Flake were ingested, the material is expected to be readily digested and eliminated with no adverse effects on the individual.”
includes comment letters of City of Albany, Earthjustice, Volker law firm & the state’s responses