The Wyoming Department of Agriculture is faulting a helicopter pilot who mistakenly leaked herbicides onto multiple properties in the Willwood area last year.

Pilot Andrew Paulson was contracted by Worland-based Sky Aviation to spray fields around Powell in May 2019. However, a shutoff switch on Sky Aviation’s helicopter, which Paulson was flying, malfunctioned.

As the pilot, who has a reciprocal commercial pesticide applicator license, turned to make passes over the targeted fields, the herbicides continued to be released over the adjacent properties, damaging crops, trees, ornamentals, and gardens.

Paulson was recently served a notice of violation under a Wyoming statute that prohibits a person from using any pesticide in a manner inconsistent with its labeling or in a manner not permitted by the labeling.

The notice gives the agriculture department grounds to deny him a reciprocal license, which requires the pilot to be in good standing. Paulson’s reciprocal license expired last year. The notice of violation was sent on July 10, and Paulson has 20 days from the time he received the notice to appeal the decision. If the time to request a hearing expires, or a decision is issued that confirms the agriculture department’s findings, the notice becomes final.

The agriculture department does not have the authority to issue fines, and Park County prosecutors did not think there were any criminal violations in the case.

Investigation

Due to wet conditions in the fields last year, Big Horn Cooperative had recommended the use of aerial sprayers for herbicide applications, and a few farmers with fields on the Willwood and other areas around Powell hired Sky Aviation for the work.

On May 28 and May 30, 2019, Paulson sprayed two chemicals, marketed as Roundup Pro and Verdict. The active chemical in Roundup Pro is glyphosate, and the Verdict contains saflufenacil and dimethenamid-P.

However, throughout June 2019, the department received complaints from Willwood residents Pat Sapp, Juanita Sapp, Mike Sapp, Fran Duncan and David Northrup about damage from errant chemicals.

Shortly after the department began investigating the complaints, Paulson emailed the Wyoming Department of Agriculture to say the switch had been replaced on the aircraft, as well as the spraying nozzles; Paulson is no longer working with Sky Aviation.

After the department completed its investigation and cited Paulson, the case was forwarded to Park County prosecutors, who declined to pursue any criminal charges from the incident.

In an email to the Wyoming Attorney General, Deputy Park County Prosecuting Attorney Larry Eichele said, “The involved parties admitted there was a faulty valve and that it was subsequently repaired. Although that would potentially show negligence, it falls short of criminal conduct.”

In the course of investigating the residents’ complaints, Cynthia Fulton, supervisor/pesticide enforcement with the Department of Agriculture, took photographs and samples from their properties. Analysis of the samples showed traces of the chemicals Paulson had been spraying on the farmers’ fields.

Plant science experts from the University of Wyoming investigated the condition of sugar beets on Northrup’s farm and found signs of damage, which the experts said may point to herbicide drift.

Hat in hand

Royal Stukey, who resides in the Willwood area, was not among those whose properties the agriculture department investigated, but after the spraying, Stukey discovered defoliation on his trees. At the time, it was uncertain if his trees would heal from the damage, but Stukey said they’re looking a lot better this year.

He has one small ash tree by the highway that doesn’t appear it’s going to bounce back. There are also small branches on the larger trees that aren’t leafing, but overall, Stukey said they’re doing well.

Josh Pomeroy, arborist with Blue Ribbon Tree Service, inspected the trees on the Willwood following the incident, including those on Stukey’s land. At the time, Pomeroy said he couldn’t be certain how well the trees would do over the coming year, but he said, with the proper care, there was hope for them.

He recently looked at some large cottonwoods near the Willwood Corner and said they’re making a nice comeback.

“It takes a lot of chemical to impact a plant that big,” he said.

Stukey also said his son experienced illnesses following the spraying mishap. He described his son’s symptoms to the Poison Control Center, which said they were consistent with glyphosate poisoning. His son’s symptoms subsided within a week.

Glyphosate has been the subject of a number of lawsuits against Bayer. A large body of peer reviewed research has found that, when used according to its label, the herbicide is safe, non-toxic, and doesn’t cause cancer. The EPA and National Institutes of Health, have reviewed the scientific literature on the chemical and concluded the same.

Shortly after the spraying, Stukey said he was visited by Paulson and Alysa Gaulke, office manager of Sky Aviation. He said they appeared to show genuine remorse for the problems the spraying mishap caused.

“To coin the phrase, he had his hat in hand,” Stukey said of the pilot.

Stukey said he was also visited by a representative of Sky Aviation’s insurance company who asked him to sign a waiver.

“I told them I’m not signing anything,” he said.

Gaulke said earlier this month that she was ill and unable to comment on the case.