Court Rules in Favor of LGA/Waterkeeper
On March 3, 2023, New York Supreme Court Justice Robert Muller declared that it was arbitrary and capricious for the Adirondack Park Agency to issue permits for the use of the chemical herbicide ProcellaCOR in Lake George without an adjudicatory hearing. The Herbicide ProcellaCOR would have been used to treat populations of the Euroasian watermilfoil in Lake George, which create dense mats and overtake habitats of native aquatic plants.
This ruling means that any subsequent Adirondack Park Association (APA) review of applications to apply ProcellaCPR in Lake George must be preceded by such a hearing – the Adirondack Park Agency was created in 1971 by the New York State Legislature to develop long-range land use plans for both public and private lands within the boundary of the Park.
The Lake George Association and The Lake George Waterkeeper were both opposed to use of this chemical herbicide. The Lake George Association acts as the guardians of Lake George’s water quality, monitoring such and creating projects to help protect the water. The Waterkeeper’s mission is to defend the natural resource of Lake George and its watershed.
Along with the Lake George Association and the Waterkeeper, there was intense public opposition to use of this herbicide as well; more than 4,600 citizens signed a petition opposing use of the chemical herbicide. Three towns – Hague, Dresden, and Ticonderoga – adopted formal resolutions in opposition to the use of the herbicide.
In the ruling, there was an emphasis on scientific questions regarding the impact of the herbicide on Lake George as an ecosystem and drinking water source – the State group argued that the chemical has been used in other lakes and found to be undetectable three days after the application, while the petitioners argued that there was more research needed and that the dead milfoil could feed blooms of algae.
Moving forward, the Lake George Association and the Waterkeeper would like to continue the previous process of mechanically harvesting the Euroasian watermilfoil.