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Abstract: From 1999 to the first half of the present decade, West Nile virus (WNV) has spread throughout the United States. In response to WNV, the legal community (principally state and local legislators) has introduced statutory and regulatory laws often focused on environmental interventions. Public and legal controversy, however, has surrounded some legal responses to WNV that focus on enhanced mosquito abatement efforts. This case study, based on the experiences of Wilfredo Lopez, J.D., general counsel of the New York City Department of Health, highlights prominent legal and public health issues at play in the spread of WNV. Resolving these issues is difficult when mosquito abatement measures involving the spraying of insecticides are effective but may also negatively affect environmental and human health.
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