Malathion Spraying to Start Again; Ruling Studied

As another round of malathion spraying begins this week, lawyers are sorting out the significance of an appellate court decision that put new life in a lawsuit linked to the state’s Medfly battle.

Aerial spraying of malathion pesticide to kill an infestation of the agricultural pest in the Riverside County cities of Corona and parts of Norco is scheduled to begin again at 9 tonight and will last three to four hours.

Corona officials and others say the appellate decision made public last week signals that such spraying has been recognized by the courts as a health risk.

In a 2-1 decision, the 2nd District Court of Appeal ruled that the maker of malathion might not have adequately warned the public of potential health hazards.

“This ruling, in itself, is enough to stop spraying, in my opinion,” said Bill Miller, mayor of Corona, which has sought to halt the spraying. “If for no other reason, from the standpoint of human decency. If there is any doubt at all then that is far too much doubt.”

Helicopter spraying of malathion has been part of the state’s long-running effort to prevent the Mediterranean fruit fly from establishing itself in the state.

The appellate decision reopened a lawsuit filed by the parents of 14-year-old Juan Macias. The parents claim that spraying the chemical caused the teen-ager’s blindness. A lower court had dismissed the case.

The appellate court ruled that American Cyanamid, which stopped making malathion in 1991, might have had a duty to warn the public if it had reason to believe the state was not adequately informing people of the dangers of spraying. The spraying had been ordered by the state.

The case is not likely to be decided until 1995 or 1996.

Roy G. Weatherup, the lawyer who argued the appeal for American Cyanamid, wrote in a legal journal that it is “unbelievable” that a court could expect a private company to go over the state’s head.

Charles Getz, deputy attorney general defending the California Department of Food and Agriculture in the Macias case, described the ruling as limited in scope, noting that it did not say the spraying was negligent.

“The court is saying that the trial court and the lower court made a mistake in letting the manufacturing company out this early in the case,” Getz said. “It certainly does not say that malathion causes blindness.”

State authorities say the Medfly threatens California agriculture, but city officials say the pesticide poses a risk to residents.