Yannacone v. Dennison

Reference :

139050/1966

Complaint date :

April 25, 1966

Status :

Final judgment

Place of jurisdiction :

United States, County of Suffolk

Plaintiffs types :

Individuals

Plaintiffs names :

Carol A. Yannacone, individually and on the behalf of all the people of the Country of Suffolk

Defendants :

H. Lee Dennison, Suffolk County Executive, Suffolk County Mosquito Control Commission, County of Suffolk

Lawyers for Health and Environmental Justice :

Victor John Yannacone, Jr

Case nature :

Civil court

Type(s), Product(s), Active substance(s) :

, Organochlorine, DDT (Dichlorodiphenyltrichloroethane)

Requests :

Halt the Commission’s use of DDT.

Name of the Court :

Supreme Court of the State of New York of County of Suffolk, United States

Jurisdiction level :

Decision date :

December 2, 1967

Decision nature :

Negative

Decision content :

The complaint is dismissed.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

Suffolk County residents filed suit against the use of the insecticide DDT on April 25, 1966. On August 15, 1966, the court issued a temporary injunction prohibiting the use of DDT until the trial’s completion. However, on Dec.2, 1967, The complaint is dismissed. The court said: “We have not been able to find a satisfactory foundation on which to base our interference with the acts complained of as being wholly unjustifiable or so manifestly and broadly injurious as to compel their cessation. Plaintiff’s remedy would seem to be better and more properly located with the policy making legislative unit as opposed to the policy executing body the focal point of this lawsuit. This complaint must be dismissed.” On the day that Judge Stanislaw announced his verdict, the Suffolk County Mosquito Commission announced that it would not use DDT for at least “a year or two” and was unlikely ever to use it again. The Suffolk County Board of Supervisors declared its official opposition to DDT: the first steps towards banning this insecticide definitively.

Scientific references :

No scientifice reference for this case.