• Lake District Friends of the Environment v. Administrator, Pesticide Control Act

    Decision Date:
    1990-01-25
    File Numbers:
    Decision Numbers:
    89/24
    Third Party:
    Northwood Pulp and Timber Ltd., Permit Holder
    Disposition:
    APPEALS DISMISSED, COMPLETION DATES OF THE PERMITS EXTENDED BY ONE YEAR

    Summary

    Decision Date: January 25, 1990

    Panel: A.J. Lynch, W. Godolphin, J. Van Hage

    The appeal was from permits issued to the respondent to apply Vision by aerial spraying to areas near Natowite Lake and Maxan Lake. The appellants appealed on the grounds that the application will have an unreasonably adverse effect on the environment in general and specifically on the water sources, human health, and plant and animal life.

    The Board determined that for the appellants to be successful they must show on a preponderance of evidence that the application of the pesticide will cause an “unreasonable” adverse effect not only an adverse effect. The Board found the appellants failed to discharge this burden of proof. The Board found the pesticide is generally safe for silvicultural purposes and adequate safeguards were in place to ensure it is applied in a safe and proper manner which includes applications near waterbodies. Therefore the Board dismissed the appeal.