Mosquito Control Plan Found to Be Illegal

A mosquito control plan initiated by Suffolk County that allows the spraying of pesticides in areas suspected of infestation has been deemed illegal after a court ruled on a lawsuit filed by the Peconic Baykeeper last week.

The lawsuit, filed for the fourth consecutive year by the organization, claims that the "county cannot lawfully adopt its plan of work until it concludes an environmental impact statement," according to a press release from the Peconic Baykeeper.

"The court has not yet decided whether to issue an injunction to halt work, but the decision renders Suffolk County's mosquito control plan illegal under state and county law," said Matthew Atkinson, the Peconic Baykeeper's general counsel, in a press release.

However, Christine Malafi, the county attorney, said that "the Legislature looked at the SEQRA concerns and did not act arbitrarily or capriciously." The State Environmental Quality Review Act requires government agencies to weigh certain projects' potential effects in an environmental impact statement before approving them.

In previous years, in addition to spraying, the county has ordered that ditches be dug to drain bodies of water that could be mosquito breeding grounds. In October, East Hampton and Southampton Towns blocked an attempt by the county to resume its program of mosquito ditching.

The practice has since been stopped until the environmental review can be completed, according to Dominick Ninivaggi, the superintendent of the Suffolk County Division of Vector Control.

Mr. Atkinson said the Baykeeper organization was pleased with the court's decision.

"The vector program is in large part to contain the transmission of mosquito-borne illnesses in the county," said Ed Dumas, a spokesman for the county. He added that the program was "as environmentally friendly as it can be," and that the county was studying ways to reduce its reliance on pesticide sprays.

The county has sprayed across the South Fork, including in problem spots like Meadow Lane in Southampton, on Napeague, in North Sea, and around Accabonac Harbor, according to Mr. Ninivaggi. He added that since a lawsuit with Southampton Town had been settled last fall, the county and that town had agreed to work together.

Kevin McAllister, whose title is the Peconic baykeeper and who is the organization's president, said he was not entirely convinced, however, that the county's spraying and ditching were specifically for disease prevention and not generally for nuisance control.

The county commissioner of health services, Brian L. Harper, announced on Tuesday that mosquito samples collected in Aquebogue on Aug. 16 tested positive for West Nile virus. Samples have also tested positive in Commack, Blydenburgh County Park, Saltaire on Fire Island, West Babylon, and North Babylon.

The county has declared a "public health threat" every summer in Suffolk since 1999, when the first cases of West Nile were discovered.

The Peconic Baykeeper organization would not oppose spot spraying of pesticides to control mosquitoes if the county could prove that the West Nile virus was a real threat, according to Mr. McAllister. Still, Mr. McAllister said, the waters must be off limits.

"Why are we continuing to persist?" asked Mr. McAllister, who said the county continues to disregard the law. "Because we have to."