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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
LOOK AT THE BIRDIE AND DON'T HURT IT
Stuart Lieberman, Esq.,

Several years ago, after a condominium association's lawn had been routinely treated, nearly 50 ducks were found to been poisoned. As a result, the lawn care company was found guilty of violating the Migratory Bird Treaty Act. This law, which was approved by Congress, protects various birds that cross state and national boundaries. The rather notorious Canadian Geese are covered by this Act.

The lawn company apparently did nothing more than follow instructions on the label of a pesticide that it was applying. But the birds ended up dying and that alone is a violation of this federal law. Some pesticides can apparently make some birds become ill, or worse. You might not realize that by using pesticides and insecticides, regular products that are readily available at any garden shop or mass retailer, you might be placing wildlife, especially birds, at risk.

Clearly, insecticides and pesticides play rather important roles in our daily lives. And while people differ on this point, many believe that there is nothing wrong with a routine application of pesticides and insecticides in accordance with labeling instructions, so as to maintain as green and lush of a lawn and garden as possible.

These same people undoubtedly do not want to hurt birds. They often even have bird feeders and bird baths. They like birds and surely would not want to take any action that would make them become sick or ill. The problem is one of education.

One chemical constituent in particular seems to be a potential problem. It is called a cholinesterase inhibitor and may be found in certain kinds of insecticides that are commonly applied to lawns. Some reports suggest that these products can cause some real problems for our two-legged friends.

State agencies and the EPA, as well as the U.S. Fish and Wildlife Agency apparently believe that this formulation can cause illness and death to birds. This is so even when the product is being used in accordance with labeling instructions.

When birds ingest this compound, it can affect their nervous system. Even if the bird does not die, it can reduce its body temperature and affect key functions such as the ability to reproduce, the ability to navigate, and the ability to capture prey or avoid being captured. Other substances also found in lawn care products, though not lethal alone, can enhance the potency of this inhibitor, thus enhancing the danger for birds.

What do experts recommend? First, read the directions and take them seriously. I believe that most people think that if you can purchase the stuff at a mass retailer, it really cannot hurt birds or fish. But, that is completely false.

Everyone of these lawn and garden products has use instructions. You need to read them and take them very seriously. Especially, if the label states that birds and other wildlife can be sickened or die if the product is misused. Take the labels seriously.

Also, do not apply dangerous substances in areas in which birds feed or bathe. Obviously, this means don't use them near bird feeders and bathes that you have installed. That is actually cruel. The problem is not that people want to do something that is bad, it is that they simply do not understand the problem. Having read this, you cannot claim not to have known, any longer.

Two other suggestions. You might want to write to your municipality and ask that pesticides and insecticides be bird friendly, and applied in a bird friendly manner. Finally, States should be on the look out for patterns of bird deaths that may be related to these kinds of products.

If you want a green lawn, use these products carefully. Not only can runoff from fertilizers affect our water supply, some of these pesticides and insecticides can hurt wildlife. Please read instructions and assume responsibility for your use and disposal of these materials.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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