Tuesday, May 13, 2025

Poisoning New York Waters


 May 13, 2025

Image by Getty and Unsplash+.

Aquatic plant eradication campaigns of poorly understood need, impacts, and risks have resulted in tens of tons of herbicides containing PFAS active ingredients applied to drinking water sources for millions of people in New York State.

New Yorkers can count among their fortunes both their plentiful waters and the many organizations that protect lakes, rivers, and reservoirs from industrial pollution as well as pesticide and fertilizer runoff, among other stresses. Non-native and/or invasive species and our responses to them also exert complex effects on aquatic ecosystems and drinking water sources. In recent years, concerns about the non-native aquatic plant hydrilla have driven us to costly, extensive, and poorly understood chemical interventions that are likely harmful to the millions of people connected to the impacted waterbodies.

A relatively recent arrival in New York State, hydrilla has a longer history in US regions ranging from Florida to Delaware to California and can thrive in shallow, nutrient-rich environments. Outreach efforts claim it to be “one of the world’s most invasive plants,” capable of dominating ecosystems at the expense of other species, and even of “hijacking the local economy.” These concerns have sometimes motivated massive, costly eradication campaigns, including in New York.

Hydrilla’s actual menace to aquatic habitats is however not so clear. Concerns about the plant’s ability to impede water flow and recreation seem to originate from experiences in warmer environments with long growing seasons, e.g. in Florida, where its ability to grow to depths of about 20 feet enables expansion throughout shallow lakes and ponds. In larger, deeper waterbodies, it grows only at the periphery. Careful studies document no negative impacts of hydrilla on fish, aquatic insects, or water birds. One examination of 27 different Florida lakes finds no significant declines in diversity or abundance of other plant species due to hydrilla. In Virginia’s Chesapeake Bay, hydrilla accompanied and even supported proliferation of native species and is credited with benefitting the broader ecosystem, similar to other aquatic plants.

After hydrilla was found in 2011 at the inlet and southern end of Cayuga Lake in Ithaca, New York, local and state agencies teamed up to eradicate it. The method of choice has been use of herbicides, predominantly Sonar® H4C, made by SePRO. H4C is a slow-release pellet formulation of the active ingredient fluridone, which comprises 3% of the product. At concentrations of a few parts per billion (ppb), fluridone inhibits the hormone abscisic acid, and thereby photosynthesis, non-selectively harming a broad array of plants. With approval from the NYS Department of Environmental Conservation (NYSDEC) and various local organizations, the Army Corps of Engineers (ACE) has coordinated treatments in regions of the 800 sq. mile lake, which has a maximum depth of over 400 feet, every summer since 2012. According to publicly available reports, applications sum to about 23 tons over five summers between 2019 and 2023, less than half the eradication campaign’s duration.

Though hydrilla has since spread to new shoreline locations of the lake, the program was held up as a success, even serving as a model for a similar effort in the New Croton Reservoir, responsible for about 10% of New York City’s drinking water. Quantities applied here are not publicly available. But permits and project reports provided in response to a Freedom of Information Law (FOIL) request indicate yet more aggressive applications. Though the reservoir spans one twentieth Cayuga Lake’s area and less than one hundredth the volume, over four summers (2021-2024), the NYSDEC authorized the NYC Department of Environmental Protection (DEP) to apply up to 95 tons of Sonar® H4C and Sonar® One (a more concentrated pellet-form product with 5% active ingredient) in total, to target fluridone concentrations of 1-5 ppb. Over 35 tons were applied.

Assessing risks associated with non-native and invasive species, and evidence for both harms and benefits of the often costly interventions taken against them, can be a complex matter. And chemical risks to ecosystems, particularly to drinking water sources, should only be taken in response to grave and pressing threats. Ecological threats posed by hydrilla have often been overstated, and we can find no evidence documenting its harm in deep, cold waterbodies like Cayuga Lake and the New Croton Reservoir. Worse, assessments of the herbicides’ impacts have been sorely lacking. While hydrilla has declined in treatment areas, so have other aquatic plants.

The once thriving native plant populations in Cayuga Lake’s inlet, where hydrilla accounted for only a few percent in 2012, have nearly disappeared after years of repeated treatment. Publicly available monitoring reports suggest significant declines of many species between 2012 and 2019. Some, including the native Elodea, are almost eliminated in areas of the lake where originally abundant. ACE reports after 2019 simply do not report plant abundance, despite noting annual declines for all plants near treatment areas. This should be deeply alarming, as aquatic plants provide food and shelter for many species and help regulate water quality. No monitoring of treatments’ impacts on fish, birds or invertebrates were attempted, despite modern studies finding effects including signatures of endocrine disruption in fish even at low fluridone concentrations. Such harms may be long-lived; though fluridone can persist in sediments over multiple years even in much warmer climes, no monitoring for accumulation or its effects year after year in sediments of the lake or reservoir has been conducted.

Beyond their ecological effects, herbicides applied to drinking water sources constitute a direct threat to human health. The European Drinking Water Directive limits total pesticide concentration from all runoff or unintentional addition to 0.5 ppb, below that intentionally targeted for a single active ingredient in the lake and reservoir. Fluridone is furthermore a PFAS compound according to the definition adopted by the Organization for Economic Cooperation and Development and multiple state laws. Chemicals of this class containing long-lived carbon-fluorine bonds have recently attracted increasing scrutiny for clear harms to human health that were poorly understood in the past. Recent EPA regulations limit concentrations of certain PFAS chemicals in drinking water to a few parts per trillion (ppt), over 100x lower than would have been permissible a decade ago. Intentional fluridone incorporation into food packagingclothingcarpets, or turf in NYS would be prohibited, but it is nevertheless being deliberately added to drinking water sources for millions of people, at concentrations exceeding limits imposed on other PFAS chemicals by over 100x.

The remaining 95-97% of the pellets is composed of so-called “inert” ingredients. As for all pesticides, these are not publicly disclosed and undergo limited testing for approval, though in many cases can be clearly harmful. While multiple if problematic studies have been published on fluridone’s effects on animal health, despite multiple inquiries to the ACE and the NYSDEC including by local watershed organizations, we have been unable to obtain information as to safety of these “inerts” in drinking water sources, nor their impacts on flora or fauna. Neither fluridone’s decay byproducts nor the fate of the unspecified “inert” ingredients have been monitored. Another summer of applications is being planned as of this writing.

We are troubled by the risks inherent in the application of tens of tons of herbicides to drinking water sources, taken to eradicate a plant whose ecological harms were questionable in the first place, all at a cost of many millions of dollars to taxpayers. Hydrilla and the treatments persist, the collateral damage is unexamined, and the health impacts of these chemicals are unlikely to be salutary. The public is owed a much higher scientific standard for justification and evaluation of any such campaign, if undertaken. Without clearly demonstrated need for herbicide interventions, together with transparent accounting for their profound risks, New Yorkers should demand a firm stop to chemical contamination of ecosystems and critical drinking water sources.

Bernd Blossey is a professor in the Department of Natural Resources and the Environment at Cornell University whose research focuses on impacts and management of invasive species. Karan Mehta is an engineer, physicist, and professor of Electrical and Computer Engineering at Cornell University focused on optical and quantum technology.

CELDF and the Rights of Nature

 May 12, 2025

Redwoods National Park. Photo: Jeffrey St. Clair.

The Earth is “on the brink of an irreversible climate disaster,” according to “The 2024 State of the Climate Report.” Sounding the alarm on the “emergency” we find ourselves in, the report warns that the situation can no longer be ignored as “the very fabric of life on Earth is imperiled.”

The scale of environmental degradation is no longer just a question of unsustainable practices; it is a direct violation of the Earth’s right to exist, regenerate, and thrive. What we are witnessing is ecocide—the extensive, systematic destruction of the natural environment.

There is a critical need for a movement to recognize nature as a legal entity with rights. Just as human rights are enshrined in law to protect individuals, the rights of the natural world also need to be legally acknowledged.

This is where the work of the Community Environmental Legal Defense Fund (CELDF) becomes so significant. CELDF has supported communities across the world in advancing the rights of nature, from local efforts to larger national and international movements.

How Ecuador is Setting an Example for Upholding the Rights of Nature

“Rights of Nature is about balancing what is good for human beings against what is good for other species, what is good for the planet as a world. It is the holistic recognition that all life, all ecosystems on our planet, are deeply intertwined. Rather than treating Nature as property under the law, Rights of Nature acknowledges that Nature in all its life forms has the right to exist, persist, maintain and regenerate its vital cycles,” explains the Global Alliance for the Rights of Nature.

Among its many successes, in 2008, CELDF supported Ecuador in becoming the first country in the world to include the rights of nature in its constitution. This model was replicated by Italy, which included protection of the environment in its constitution in 2022.

Pointing to how one step in the right direction can inspire other nations to do the same, CELDF stated, “Since CELDF assisted the people of Ecuador to amend their constitution to include rights of nature in 2008, the movement has seen hundreds of other laws passed in countries like Columbia, New Zealand, and Canada.”

These rights have helped Ecuador protect its wildlife and forests. In December 2021, “the Constitutional Court applied the rights of nature to prohibit mining in the Los Cedros Protected Forest,” according to Earth.Org. And in 2022, Ecuador became the first country to recognize the legal rights of animals in a landmark ruling.

These rights are especially important as “Ecuador is among the five most deforested countries in Latin America,” said Natalia Greene, Ecuadorian activist and environmental leader, in a 2023 Mongabay article.

CELDF Helps Communities in the U.S.

CELDF has also been instrumental in initiating similar efforts across the United States, such as in Pennsylvania, where communities have used local ordinances to assert nature’s rights and challenge corporate polluters.

“For two decades, CELDF has worked alongside hundreds of communities to advance rights-based laws protecting communities from factory farming, land application of sewage sludge, fracking, and other harms, by recognizing democratic and environmental rights. In Pennsylvania, communities joined together to form the Pennsylvania Community Rights Network (PACRN) in 2010, which partnered with CELDF and others to draft language for the state amendment,” the organization’s website stated.

These efforts led to Tamaqua Borough in Pennsylvania passing a rights of nature law in 2006, “the first time rights of nature were recognized in any western legal system,” according to CELDF.

The fight to protect nature by local communities led to another win in March 2025. New York introduced the Great Lakes and State Waters Bill of Rights. If this law is passed, it “would be the first ever state-level ‘rights of nature’ law in the United States. It would recognize ‘unalienable and fundamental rights to exist, persist, flourish, naturally evolve, regenerate and be restored’ for the Great Lakes and other watersheds and ecosystems throughout the state,” stated the CELDF.

Through their advocacy, education, and legal support, organizations like CELDF are leading the way in empowering communities to challenge the systems perpetuating environmental harm and to restore balance with the natural world.

The growing movement to recognize the rights of nature represents not only a legal shift but a radical transformation in how we perceive our relationship with the planet.

Why These Legal Protections Are Critical

Despite the looming climate crisis that is already leading to massive destruction, the war economy continues with business as usual, driving record profits at the cost of catastrophic heatwaves, floods, and extreme weather that threaten the planet’s stability and global security. This exploitative system treats nature as a resource to be consumed and discarded, disproportionately harming the global poor. While markets attempt to appease eco-conscious consumers with greenwashed products that disguise their harmful impact, the underlying destructive processes remain unchanged.

To change this status quo, a growing momentum is calling for ecocide to be recognized as an international crime, with the late environmental lawyer Polly Higgins playing a pivotal role in advocating for ecocide to be a fifth crime against peace alongside genocide, war crimes, crimes against humanity, and crimes of aggression.

If we continue to treat nature as a commodity to be exploited, we are not just causing irreversible harm—we are committing an act of violence against the very life-support systems that sustain us. This is why the push to ensure the rights of nature is critical.

Such a shift would radically transform our relationship with the planet, making the destruction of ecosystems as condemnable as the violation of human rights. We would recognize nature as a living, breathing entity that demands respect, protection, and preservation for future generations. This mindset is reflected in many Indigenous philosophies and Buddhist teachings, which view all living beings as interconnected. These worldviews hold that our survival depends on the health of the planet and that nature has intrinsic value beyond its utility to human beings.

The movement for the legal recognition of nature’s rights is deeply rooted in the need to bring about a decolonial shift. Decolonialism seeks to undo the harm caused by colonial systems that commodify nature and subjugate Indigenous knowledge and practices.

As pointed out by plant biologist and writer Robin Wall Kimmerer, who combines her academic background in botanical science and her background as an enrolled member of the Citizen Potawatomi Nation, this shift would restore the “grammar of animacy,” leading to nature being recognized and understood as kin, rather than as property, thus dismantling the Western ideology of individualism and hierarchy.

Caitlin Hoyland is a writer and human rights advocate interning with CODEPINK’s Local Peace Economy program. She has written extensively on conflict, displacement, and social justice.