reno said:

> I had no direct notice of this spraying. However, I did learn
> that a notice had been printed last Thursday in the local
> weekly paper...

> With all the media hype an 'emergency' has been declared by
> the state...

So, let's see here...

a)  They say it was an "emergency".

b)  But not MUCH of an "emergency", was it?
     If they could afford to give a week's notice, they
     could certainly have taken the tiny additional
     time/effort to follow federal pesticide laws.

>  I am told there is no recourse.

Of course you were TOLD that.  :)
Think for a moment about who was doing the talking.

Regardless, there is clearly be more than sufficient
grounds for you to extract compensation from them,
"emergency" or not.  The simple fact that they PLANNED
a week ahead to spray during daylight hours should be
all you need to prove a willful and reckless disregard for
federal law, the general welfare, and public safety.

If they can plan a week ahead, they can certainly plan to
spray after sunset.

By way of comparison, a police car that engages in a high
speed chase, siren blaring and lights flashing, is not exempt
from liability for property damage and personal injury.  "Emergency"
or not, the requirement for "due care" by public officials still exists.

Such "willful and reckless disregard" by public officials has a rich
history of case law behind it.  I'd suggest that you have a very strong
claim, and one that would be a slam-dunk in any small claims court.
(No lawyer required.)  All you need is the newspaper article, the analysis
by the folks who will post-mortem your bees, and photocopies of a few
magazine articles about the impact of "pesticide kills" on bee colonies.

Make them buy you new packages at minimum.

The basic problem appears to be the use of under-qualified
pilots, who simply are not TRAINED WELL ENOUGH to fly on
instruments at night.  The paper-pushers let these third-rate
pilots to fly at tree-top levels at speeds barely above "stall
speed" with loads of highly toxic pesticides over populated areas.

We are ready here at Farmageddon for any such attempts at
spraying.  We had a problem with repeated low-altitude overflights
(at dawn!) by a local TV station helicopter using our barn as a
navigation waypoint.  The solution was a $30 "weather balloon"
from Edmund Scientific, a $20 tank of helium, and 800 feet of
heavy cord.  These balloons show up well both on radar and to the
naked eye, and one balloon will "protect" about 10 acres.  Our
local helicopter pilot only had to see the balloon once to get the
message.  We have not seen or heard the infernal machine since.  :)

> Had I been notified, there was probably not much I could have
> done as they sprayed in the daylight hours.  Maybe I could have
> screened the bees, who knows.

Heck yes, you could have.  The lack of sufficient publicity is part
of their "reckless disregard".

> Why do they bother to label these products, if the government is
> going to ignore them emergency or not.

The EPA is more than happy to sue states and local governments
if they do not follow the federal EPA rules.  They have certainly done
so before.  Perhaps a report to the EPA is also in order.

        jim

        farmageddon