Lawsuit Over West Nile Spraying Dismissed by Judge, City Says

By TINA KELLEY

federal judge has thrown out a lawsuit brought by a coalition of environmental groups that accused New York City of acting illegally when it sprayed pesticides to prevent the spread of West Nile virus, city officials said yesterday.

As the city had requested, Judge John S. Martin Jr. of Federal District Court in Manhattan dismissed the suit, which was filed in 2000. The judge found that the plaintiffs had failed to identify any incidents that would amount to anything more than technical violations of labeling requirements, city officials said.

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"This decision provides a much appreciated endorsement of the city's laudable efforts to protect the public health of New York City citizens by controlling the spread of this potentially fatal disease," said Inga Van Eysden, a lawyer for the city.

Karl S. Coplan, a lawyer representing the environmental groups, said he was disappointed with the ruling, which he said was inconsistent with rulings in the Second and Ninth Circuit Courts of Appeals.

"Both hold that spraying pesticides over water requires a Clean Water Act permit, which the city doesn't have," Mr. Coplan said, adding that spraying by the city caused a massive fish kill in Staten Island in 1999. "It's a violation of the Clean Water Act to add a pollutant to water, whether it causes harm or not."

The pesticide Anvil, which has been used widely in the city, had been approved for mosquito control by the federal Environmental Protection Agency, and the city's use of it had the support of the Centers for Disease Control and Prevention, Ms. Van Eysden argued in court.

In 2000 the environmental groups, including the No Spray Coalition and the National Coalition Against the Misuse of Pesticides, asked the court to prohibit further spraying, but Judge Martin denied that request.

West Nile virus has been found in 40 states and has caused 214 deaths this year, according to the Centers for Disease Control. At least 26 cases occurred in the city this year, according to the City Health Department.