Xavier Becerra et al. v. Alpine Helicopter Service et al.

STK-CV-UCC-2020-0009229
October 30, 2020
Final judgment
United States, County of San Joaquin

Politicians, Local authorities
Xavier Becerra, California Department of Pesticide Regulation (DPR), People of the State of California
Alpine Helicopter Service, Inc., Joel Dozhier, William C. Heppe II, Charles F. Heppe
No description

Civil court
Luna Sensation, Fulfill, Zeal
Penalties for three alleged drift incidents, two near the San Joaquin County Regional Sports Complex (Sports Complex) in September 2019 and a third near Isleton, California in July 2020.
Superior Court of the State of California of County of San Joaquin, United States
No description

February 18, 2022
Positive
Alpine failed to apply pesticides in accordance with industry standards.
No description

On February 18, 2022, the Superior Court of California for the County of San Joaquin ordered the American company Alpine Helicopter Service, as well as several people working there, to pay a civil fine for negligence in the pesticide spraying activities they handled.

On October 30, 2020, the California Department of Pesticide Regulation (DPR) and California Attorney General Xavier Becerra filed a lawsuit against Alpine Helicopter and its pilots on behalf of California citizens following several incidents of pesticide drift during spraying activities. Separately, District Attorney Verber Salazar filed a lawsuit against the company, and the two cases were later consolidated.

These incidents were caused by the negligence of Alpine Helicopter employees, who sprayed pesticides when weather conditions did not permit. As a result, one person and a dog were seriously injured, and over a hundred neighboring properties were damaged. Alpine Helicopter failed in its obligation to establish "buffer zones", spraying pesticides near sensitive areas such as schools, residential areas and sports complexes.

The plaintiffs therefore asked the Superior Court of California for the County of San Joaquin to enjoin the company and all its employees from taking all necessary measures to prevent future incidents, and to cease all violations of the Agriculture and Food Code and the Health and Safety Code. They also asked the Court to rule in favor of a civil fine.

In its decision of February 18, 2022, the Court found the company and the employees in charge of the spraying activities liable for culpable negligence in breach of their obligations under the Agriculture and Food Code and the Health and Safety Code. The amount of the civil fine, and the consequences of the finding of negligence, are to be determined by a subsequent decision.