Court Considering LGA/Waterkeeper Request for Preliminary Injunction on Chemical Herbicide Use

June 8, 2022

Oral arguments were heard in New York State Supreme Court in Warren County on Wednesday, June 8, as the LGA, Lake George Waterkeeper and other petitioners sought a preliminary injunction preventing the first-ever use of a chemical herbicide in the Lake this spring. The Court is expected to render its decision on the request by Wednesday, June 15.

The LGA, Waterkeeper and other petitioners have filed a lawsuit against the Adirondack Park Agency, Lake George Park Commission and New York State Department of Environmental Conservation seeking to annul the permits issued by the APA allowing the herbicide to be used for Eurasian watermilfoil control. The lawsuit states that the APA, in issuing the permits sought by the Park Commission, failed to comply with substantive and procedural requirements of the APA Act and other laws and regulations and “orchestrated a rushed process to approve the use of a herbicide in Lake George despite an outpouring of technical and scientific opposition, procedural errors and a substantial departure from” regulatory requirements.

All court filings related to this matter can be found here.