Golden Gate University Law Review


Victoria Clark


This article will attempt to provide an overview of the pesticide regulatory program ("the Program") and its pitfalls, as well as the track record of the administration of California Governor Gray Davis ("the Davis Administration") regarding pesticide issues. The first section will detail the regulatory agency structure of the Program, particularly the authority and duties of DPR and the CACs. The second section will discuss the pesticide permitting system, its requirements, and some anecdotes to illustrate the public participation process in this system. To present a case study of the Program's implementation, the methyl bromide regulations will be discussed at length in the third section, including public participation, the progressive weakening of the regulatory language, DPR's lack of compliance with various aspects of the rulemaking process, and why various environmental, farmworker advocacy, and legal assistance organizations are working so hard on the regulations. The article will then conclude with some final thoughts on pesticide regulation in California, and how the Program could be improved.