People Ex Rel. Deukmejian v. County of Mendocino

Opinion

BROUSSARD, J.

In this action for declaratory and injunctive relief, the trial court determined that a Mendocino County initiative ordinance prohib*480iting aerial application of phenoxy herbicides was preempted by state law and therefore invalid. The court entered summary judgment for plaintiff, the State of California. The county and a number of interveners appeal.1

In 1977 a forest products company sprayed a 500-acre tract with Phenoxy Herbicides. The drift from the spraying extended nearly three miles from the spray location, and school buses from two different school districts were…