Amazon tenants may ask court 3
to enjoin herbicide spraying 3
By David Brown
Of the Emarald
The Amazon Community Tenants is con
sidering going to court to get an injunction to stop
herbicide spraying by the 4-J school district
The decision will depend on findings of the
John Muir Institute, retained by 4-J to study its
herbicide program
Already two separate analyses have verified
that Round-up, a controversial chemical weed
killer, drifted across a fence onto the University's
Amazon housing during an April 26 application by
4-J workers on South Eugene High School
grounds
Residents watched 4-J workers spray with
Round-up to eradicate dandelions, and saw the
spray drift through a fence into their adjacent
gardens, says ACT member Courtney Lupton
“We were out there sun-bathing," she says.
Round-up instructions specify the chemical
not be applied in winds above 5 mph, but that
gusts that day reached 10 mph, Lupton says
At the residents' request. Legal Services
Director Charles Spinner warned 4-J officials that
the tenants' group would seek a court injunction
to stop a planned June application of Round-up.
Since that time, the school district has generally
suspended herbicide use until the John Muir
Institute states how or if 4-J should use chemicals
as weed control, says Jane Burkhart, the tenants'
legal representative Other community opposition
to the district's herbicide program may have
contributed to the district initiating the study, she
says
If the institute recommends that spraying be
resumed, Burkhart says, the tenants will “rush to
court to request a permanent injunction" against
further herbicide treatment of property adjacent
to the Amazon housing The court action would
involve laws of chemical trespass, she says.
An analysis by the agriculture department
found residue of a chemical inherent to Round-up
at 0 20 parts per million on vegetation in the
Amazon housing gardens adjacent to affected
South Eugene High grounds. Environmental Pro
tection Agency standards for Round-up permit a
residue of no more than 0.20 parts per million on
asparagus, sugar beet tops, and leafy vegetables,
says Tom Harrison, supervisor of the depart
ment's Salem office
The second analysis, contracted with the
Umpqua Research Company by the tenants and
using the same agriculture department samples,
showed 360 parts per billion residue on garden
vegetation. (Three hundred sixty parts per billion
equals .36 parts per million.)
The Umpqua analysis also reported 90 p.p.b.
residue in area's dirt play area and 30 p.p.b. on
the lawn adjacent to the high school fence. The
agriculture department reported no residue in
those cases, but its tests apparently were not as
sensitive as the Umpqua tests
The agricultre department test was probably
conducted at parts per million rather than billion
to avoid interference from other chemicals that
can take place beyond a specific point of accur
acy for detecting Round-up residue, Harrison
says The person who conducted the test was
unavailable for comment
E merald Photo
An Amazon area sign was a stark reminder of
alleged errant spraying
Authorities at the Umpqua Research Com
pany, however, felt confident in testing at parts
per billion.
In addition to the test results, the tenants'
group collected 15 affidavits from "physically
impacted" residents living along the "back line"
of homes about 10 feet from the fence sprayed by
4-J, Burkhart says. Those affidavits attest to
consistent occurrences of "excruciating
headaches" among adults, and “diarrhea and
stomach cramps” among adults and children.
The affidavits were solicited on an individual
basis, and no one approached was told what
others had said, Burkhart says. In many cases,
“residents did not realize" a possible connection
between the herbicide spraying and their
maladies, she adds.
Because most residents received free
treatment at the Student Health Center, ACT
cannot sue for community loss, Burkhart says.
“Going to court has to be worth it,” she says.
But Lupton calls the community loss “con
siderable." The community relocated the gardens
to back yards on the opposite side of the
development at an expense of about $600, she
says.
“We have to pay $1000 to ASUO,” Lupton
says in regard to funds borrowed for legal ex
penses. And the Umpqua analysis cost the com
munity $700, she says.
"As citizens we find it inappropriate and
unacceptable to be sprayed with herbicides,"
Lupton says.
School district 4-J officials authorized to
comment on the matter were unavailable
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