A Monterey County Superior Court judge has ruled in favor of the California Department of Pesticide Regulation and the Monterey County Agriculture Commissioner in a lawsuit brought by environmental justice advocates. The court affirmed the state and county’s legal authority to approve restricted pesticide permits near schools, and it rejected claims the decision-making process violated environmental laws.
The Pajaro Valley Federation of Teachers, Safe Ag Safe Schools and other public interest groups brought the case. They challenged six restricted materials permits authorizing use of the fumigants chloropicrin and 1,3-dichloropropene near three Pajaro Valley schools. Plaintiffs alleged the agencies failed to evaluate cumulative environmental and health impacts and did not meaningfully consider safer alternatives, violating the California Environmental Quality Act.
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Judge Thomas Wills found that both the department and the county took the required steps under state law. He rejected arguments that the commissioner had ignored alternatives or environmental effects, noting that state law gives the commissioner conditional authority to issue restricted permits following an evaluation even if not every potential risk is explicitly documented in lengthy environmental analyses. The court determined the regulatory framework permits such decisions when permittees satisfy the required criteria.
Supporters of the decision say it reinforces existing protections and upholds California’s pesticide permitting system. Critics argue that while the decision affirms formal authority, it leaves unaddressed concerns about transparency and health risks for communities near treated fields.
The plaintiffs have a two-month window to appeal the ruling.
