In 1993, Suffolk County, New York, found the presence of mosquito-borne disease for the first time in

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In 1993, Suffolk County, New York, found the presence of mosquito-borne disease for the first time in 75 years. Several deaths have occurred from West Nile Virus and there have been cases of malaria. County officials also feared an outbreak of encephalitis, a disease with a high fatality rate.
The New York State Commissioner of Health declared there to be a public health threat from mosquitoes in Suffolk County. The County sprayed for mosquitoes with pesticides approved by the EPA under FIFRA. Aerosolmists were sprayed from trucks and helicopters into areas of stagnant water where mosquitoes breed.
An environmental group, the Peconic Baykeeper, and two individuals sued the County for violating the Clean Water Act. The district court held for the County; the plaintiffs appealed.

1. Why would the court cite a dictionary regarding the meaning of a legal term?
2. Do you think Congress intended the law to make it more difficult to enforce public health measures?

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The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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