LGPC Agrees to Hold Off on Proposed Chemical Herbicide Use Until Court Can Rule on LGA’s Request for Preliminary Injunction

May 18, 2022

Lake George is Protected from Potential Adverse Impacts Until at Least June 15

As a result of the legal action filed last week by the Lake George Association, Lake George Waterkeeper, the town of Hague and a lakeside resident, the Lake George Park Commission has agreed in New York State Supreme Court in Warren County to refrain from any use of the chemical herbicide ProcellaCOR in the Lake prior to June 15, 2022.

According to a Court order, this decision will provide Justice Robert Muller with “sufficient time to decide petitioners’ motion for a preliminary injunction.” Justice Muller has scheduled oral arguments on the preliminary injunction request for Wednesday, June 8, at 9:30 am.  

This action means that Lake George will be protected from any potential adverse effects of chemical herbicide use until at least June 15.

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

The LGA and other petitioners filed a lawsuit against the Adirondack Park Agency, Lake George Park Commission and New York State Department of Environmental Conservation last week seeking to annul the permits issued by the APA for the first-ever use of a chemical herbicide to control Eurasian watermilfoil in Lake George this spring. 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.

In the weeks leading up to the APA and Park Commission decisions, the LGA and Lake George Waterkeeper repeatedly voiced concerns regarding the many unanswered scientific questions about the potential adverse impacts of using this chemical herbicide in the Lake, whose waters are designated Class AA-Special, the state’s highest classification for water quality.