LAKE GEORGE — A state Supreme Court judge has granted a preliminary injunction annulling the Lake George Park Commission’s June permits for an aquatic herbicide to kill an invasive lake weed.
The decision comes after hearing comments on June 8 from the attorneys representing both the park commission and the Lake George Association, along with other petitioners of the lawsuit.
The preliminary injunction blocks the park commission’s use of the herbicide temporarily until the court feels it has enough information to make a definitive decision.
A document outlining the court’s decision notes that “while petitioners may not ultimately prevail, they have set forth the minimum degree of proof required.”
The LGA, Lake George Waterkeeper, the town of Hague and a lakeside resident contended that the Adirondack Park Agency rushed the permit’s approval process, did not offer enough data and should have held a public hearing on the proposed use of the herbicide.
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The LGA and the waterkeeper, in a news release, wrote that “this injunction will protect the lake while the court conducts a thorough review of the regulatory process used by the Adirondack Park Agency to issue the herbicide permits.”
During the June 8 hearing, Josh Tallent, a state assistant attorney general, argued before Judge Robert Muller, that the herbicide had been successfully used with no negative side effects in Minerva Lake, Saratoga Lake and Glen Lake.
In response, the petitioners made a case for the uniqueness of Lake George, and that there needs to be more data on the specific application of the herbicide in Lake George. Officials want to use the chemical against invasive Eurasian watermilfoil.
Dave Wick, executive director of the Lake George Park Commission, said on Tuesday: “We are state agencies. We do not have a separate agenda, and we’re not breaking new ground here. But I do respect the court’s decision.”
Muller had made note of the exceptional amount of public interest during the June 8 hearing.
The judge will meet with attorneys from both sides in a private conference on June 29.
Now that the injunction has been granted, the LGA and the waterkeeper said they plan on moving ahead with their own scientific research in tandem with The Jefferson Project.
While the injunction is temporary, Wick said that this delays the planned use for at least another year, as the park commission’s permits were for June, and the court’s action effectively annuls the permits.
Wick said officials had until the end of June to use the herbicide, the time when Eurasian watermilfoil begins to grow aggressively.
The court order also states that “the preliminary injunction is contingent upon petitioners posting an undertaking in the amount of $100,000 within 15 days of this decision.”
This money will go towards the Lake George Park Commission if they ultimately win the litigation on the merits of the case, and would be used to cover any damages they might sustain as a result of the legal challenge.
A spokesperson for the Lake George Association said that the association has contributed more than $1 million over the past decade to assist with the hand-harvesting program, and will continue its support this year.
In a previous Post-Star article, Wick said hand-harvesting costs $8,750 per week for each diver removing the plants.
The story was edited to include that the Lake George Park Commission will only be compensated in the amount of $100,000 if they win the litigation on the merits of the case, for any damages incurred.
Drew Wardle is a reporter for The Post-Star. You can contact him at 518-681-7343 or email him at dwardle@poststar.com.
