Courts, EPA threaten mosquito control

Delta County has verified seven live cases of West Nile. Thirty-eight states, plus the District of Columbia, have reported live cases of West Nile virus, which includes four human fatalities.

Delta, Mesa and Montrose counties have typically seen half of Colorado's recorded cases of West Nile, but their efforts to control the mosquitoes are threatened by a court ruling and EPA rules.

West Nile virus, first detected in North America in 1999, is an arthropod-borne virus spread by infected mosquitoes. The virus is a threat to human and livestock (especially equine) health and can cause febrile illness, encephalitis, or meningitis in humans.

The battle between combating West Nile infected mosquitoes and protecting their breeding grounds (stagnant puddles, muddy cattle hoof prints, or anywhere there is non-moving water and some vegetation) hinges on the passage of H.R. 935 and the definition of "navigable waters."

Under National Cotton v. EPA (6th Cir. 2009), the court held that the Environmental Protection Agency is required to issue permits for all biological and chemical pesticide applications when such applications are made "to, over, or near waters of the U.S." Jurisdiction over navigable waters, or "waters of the U.S." belongs to the federal government, rather than the states or municipalities. The National Cotton court used the Kaiser Aetna test for navigable waters to declare bodies of water smaller than lakes and rivers to constitute waters of the U.S., and thus subject to federal jurisdiction.

To comply with the court order, the EPA, under the authority of Clean Water Act of 1972, redrafted the National Pollutant Discharge Elimination System (NPDES) permit process. The new set of regulations took effect on October 31, 2011. The new NPDES is required for all ground and aerial application of biological or chemical pesticide over or near waters which affect navigable waters.

The summer of 2012 was the first time mosquito spraying operations over ditches, ponds, and stagnant aquatic zones became affected by the Clean Water Act. As a result of a burdensome NPDES process and virtually unlimited statutory liability, many mosquito spraying operations came to a halt. The result was the worst outbreak in West Nile virus cases in the past decade.

Local cases of West Nile virus are due to high numbers of irrigation ditches and storage ponds, which create boroughs of stagnation perfect for mosquito breeding.

In 2011, the Town of Orchard City in Delta County, which boasts many small farms and retirees, chose to spray 0.007 lbs. of pesticide per acre to control and eliminate the growing mosquito population. The town sprayed at dusk to avoid harming honey bees and saw a 95% mosquito larva extermination rate. Orchard City went from the worst breeding spot for mosquitoes carrying West Nile to one of the safest in Colorado.

By 2012 Orchard City ceased mosquito spraying and the results were 22 confirmed cases of West Nile, including the death of an 82-year-old man. The board of trustees for the town passed a resolution calling for Congress to reduce the burdens of federal regulation created by National Cotton. An original copy was delivered to Congressman Tipton and U.S. Senators Udall and Bennet.

Historically, farmers, municipalities, and other government entities were exempt from the auspices of the Clean Water Act's permit requirement. Those exempt had to comply with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which provided the framework for regulating pesticides. In 2006, the EPA issued a final ruling that the NPDES permit would not be required around water if applying the pesticides directly to water to control pests, or applying the pesticides to control pests that are present over or near water where a portion of the pesticides will be deposited to target the pests. The National Cotton case was a challenge to the EPA's final ruling.

U.S. Rep. Bob Gibbs (R-Ohio) introduced H.R. 935 which seeks to reduce the regulatory burdens and associated statutory liability of National Cotton, by amending the Clean Water Act and FIFRA to prohibit the EPA from requiring a NPDES permit for authorized FIFRA pesticides, of which mosquito spray is such a pesticide. The others include storm water discharge, and industrial treatment effluent and discharges incidental to normal vessel operations.

Keeping mosquito spraying exempt makes sense, as the health and well-being of a community is an essential obligation. Employing aerial pesticide to combat West Nile virus-carrying mosquitoes is highly effective, environmentally safe, and a cost value which reflects a community's fiduciary responsibility to both public health and fiscal stewardship.

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M. Soper. 'Courts, EPA threaten mosquito control'. [opinion/letter] Delta County Independent. 28 August 2013 <http://deltacountyindependent.com/index.php/opinion/soapbox/7457-courts-epa-threaten-mosquito-control> 29 August 2013

Adventures in Morocco: Marrakesh, Atlas Mountains & Rabat

The December 2010 exam diet concluded and on 18th I was sitting on a plane bound for Marrakesh, Morocco. Not knowing what Morocco would be like I planned on staying five nights with the idea that it would give me a taste for the country without be committed for staying a vast duration. My budget was that of a shoe string, as this is my last year of law school at the University of Edinburgh. Morocco was a pleasant surprise and I definitely would enjoy going back and seeing more of country.

When travelling I tend to meet a lot of fascinating and interesting folks along the way. For example, at my hostel in Marrakesh I met four university students from Malaysia who are studying in England. For three days we travelled together and they were interested in many of the same things I am interested in - art, history, culture, economy, law, politics, current events, photography and of course travel and adventure ;-) We went hiking for a couple days in the Atlas Mountains and then rode the train to Rabat, the capital of Morocco, which was a four hour ride each way, thus giving us the opportunity to get to know each other. Two of the four were in their last year of Medical School and the other two were studying Economics and International Trade. Though the day we were walking through the main square in the Medina of Marrakesh a man walked up to me and before I understood what he was saying, he had placed a cobra around my neck. I was scared to death almost and was willing to pay whatever he wanted to take it away, as I am not a snake kind of guy. Realizing the photographic potential my newly made friends though I should pose for a bit so they could take my photo. I think I redefined the meaning of a fake smile and in retrospect - I survived! That is definitely the new method for highway robbery.

In the mountains we first hiked to some famous waterfalls, then into a little Berber village known for growing spices, from there we continued our trek to another village where the group of seven of us (we also had two American teachers from Spain who were our age and very funny, as they were more stereotypical of my home country than I am) had lunch at a cafe along a river in a mountain valley - it was very beautiful, I tried to capture the scene in photos, but sadly much of the beauty could only be appreciated by being there. From there we continued our journey on camel back for perhaps 7-10 km, to the place where we were meeting a bus to head back to the city. It was funny how in the middle of no where a guy would pop over a rugged hill and sell you a Coke or a bottle of water! According to friends who have travel through the Sahara, it is the same even deeper into the desert. The next day we got up prior to day break and rode the train from Marrakesh to Casablanca and Rabat. In the latter we walked on the shores of the Mediterranean and spent several hours at a former palace of Roman and Arab rulers, which included Roman graves, hanging gardens, old Mosque remains, and grand ruins of generations gone-by. We walked near one of the royal palaces, but the police, secret police, and King's police become very nervous when individuals with cameras walk past, we were specifically told by one in English that it is an offence to photograph the King's palace. Casablanca wasn't very exciting, it was cool to see, as the movie of the same name invokes specific thoughts, but it reality the city in more industrial, than exotic. I would describe Casablanca as being similar to Glasgow and Marrakesh/Rabat as being similar to Edinburgh and then the Atlas Mountains would be Morocco's version of the Scottish Highlands.

The last day in Morocco I spent in Marrakesh, touring the history museum, visiting the ancient university, and buying some tea in the Souqs. I also went to a hamam, a bath house which is very Moroccan. It is a small steamy room and guys wash each other, then scrub each other with a black mud. Feeling already miles outside my comfort zone and having to rely on my basic French greetings to get by, I then realized the towel with my locker key safety pinned to it was gone. Sheer panic set in and I realized the worst of my situation, basic French greetings cannot be manipulated to explain that the towel with my key much have been picked up by mistake! Through hand signals I managed, though it felt more like a weird version of exposed charades. The proprietor of the hamam told me how terrible he felt and that he had asked that I should have a massage while they looked. If only the person had known English, I'm sure I would have been told, "You are very tense people..." The key was found and I could return to the streets fully clothed! That evening I walked around the Medina and took some fantastic photos of the setting sun and of the Mosque and the narrow streets. Morocco was an incredible adventure and I hope to go back and spend a lot longer, perhaps more time in the Atlas Mountains or along the coasts of the Mediterranean.