MacIas v. State of California

Opinion

ARABIAN, J.

This case arises out of the noted efforts of the State of California (State) to eradicate periodic infestations of the Mediterranean fruit fly (Medfly) through wide-scale helicopter spraying of the insecticide malathion. Three times over the last twenty-five years our Governors, acting pursuant to their extraordinary powers under the Emergency Services Act (Gov. Code, § 8550 et seq.) have declared a state of emergency arising from *847conditions of “extreme peril” to the State’s agricultural industry caused by discoveries of Medfly infestations. The instant case concerns a minor…