A controversial herbicide was used in Lake George for the first time over the weekend after a judge declined to intervene on Friday.
Judge Robert Muller, who had blocked the use of the chemical in 2023, denied a request for a permanent injunction against the Lake George Park Commission’s proposed use of ProcellaCOR, which is deployed to combat invasive Eruasian watermilfoil.
Muller was “not very enthused” to deliver his ruling to a courtroom largely packed with those opposed to the pesticide’s use.
“I believe, and know, that I have to follow these agency determinations. And I don’t have the discretion to ignore them, and they’re there, and they’re clear, and they’re easy to understand. I may not agree with them, I don’t agree with them, but I don’t have any science to support anything like that. I have the obligation here to act procedurally and procedurally the application before me is to demonstrate irreparable harm, the likelihood on success on the merits, and balancing the equities. When I take all of those formulas together, I just can’t conclude that the injunction, that was issued ex parte, should stand. And, so, that’s my ruling,” said Muller.
Following Muller’s decision, the LGPC had roughly 48 hours to apply the chemicals before its permit would expire. Had Muller delayed his decision any longer, it would have been another year before ProcellaCOR could have gone in.
After years of debate and legal challenges delaying the herbicide’s application, ProcellaCOR was used in two bays in Lake George early the following morning.
Dozens of locals who oppose the chemicals’ use lingered outside the courthouse.
“Devastated, to say the least. People’s drinking water should not be messed with so easily in a non-democratic process,” said Takayuki Kokabu.
Takayuki Kokabu is concerned what impacts long-term exposure to the chemical might have on his 15-month-old daughter, who is nestled in his arms.
“There’s not enough caution in these things, especially when it comes to children of—toxic exposure is going on all over the place as we can see from illness all over. And yet we tend to just air on the side of industry instead of health,” said Kokabu.
Opponents including the Lake George Association point to a study by the Minnesota Department of Agriculture that links the herbicide to so-called forever PFAS chemicals.
Proponents of the chemical’s use say it dissipates to undetectable levels within days of application, and does not impact other aquatic plants or animals.
Dominic Jude owns Aqualogic, a company that specializes in hand-pulling invasive plants from lakes in the Northeast. He’s one of the few people at the courthouse who supports the decision, even if it means putting him out of business.
“It is nearly impossible to eradicate milfoil through diver harvesting from specific areas. There is a limited effectiveness to it. So, this is really the only way to control the milfoil in our waterbodies and to keep all Adirondack lakes safe. The ProcellaCOR came out in 2017. It’s been incredible to observe. Again, we don’t do ProcellaCOR treatments or applications, we only talk about the effectiveness of diving. But, we’ve seen it, for example, it was used on Brant Lake a few weeks ago, and we’ve watched the milfoil die,” said Jude.
The LGA offered to cover the costs of another year of hand harvesting Eurasian Watermilfoil and claimed the plant does not pose as dire a threat to require chemical treatment.
LGPC Executive Director Dave Wick promised continued transparency following the application.
“This has been utilized in hundreds of lakes throughout the northeast and over 1,000 across the country. It’s been used in Canada, Australia, New Zealand, all across Europe. So, we’re not doing a science experiment on Lake George. We’re doing the smallest application of ProcellaCOR that I’ve been able to find anywhere in the country. And we’re doing it out of an abundance of caution. Just to do two very small treatments. We will study these sites more than any other lake has studied the outcome of these sites,” said Wick.
The Lake George Association was unsuccessful in petitioning New York Governor Kathy Hochul to halt the pesticide’s application until further research could be done. LGA Executive Director Chris Navitsky spoke with WAMC following the ruling.
“As of right now, I think we’ve taken this as far as we could have to prevent it. Now it’s try to understand what happens when, you know, a pesticide is put in a pristine lake. In our opinion, it doesn’t meet the criteria of its use,” said Navitsky.
Opponents contend Lake George is much larger and faster moving than any nearby lake ProcellaCOR has been used in.
The LGA is monitoring Sheep Meadow and Blairs Bay in collaboration with the Jefferson Project and expects the efficacy of the pesticide and potential damage to other species to be measurable after several months.
