Judge rules on behalf of corporations; disregards community’s right to local self-government & healthy environment
This media statement was released by the Community Environmental Legal Defense Fund on October 2nd, 2019.
On May 2017, Lincoln County, Oregon, voters adopted the Freedom from Aerial Sprayed Pesticides ordinance. The first-in-the-state law recognizes residents’ rights to clean air, water, and soil, their right to local community self-governance, and the Rights of Nature to exist, flourish, and evolve.
Soon after, timber industry interests sued the county to overturn the ordinance, arguing the county had no authority to pass it and that the law “adversely affected” them.
The law stood for over two years, successfully preventing the aerial application of pesticides—a toxic but common practice of the local timber industry.
On September 23, county circuit court Judge Sheryl Bachart upheld an existing dogma that limits the powers of local governments to those the state permits. The judge ruled that the pesticide ban exceeded the authority of Lincoln County because the Oregon Pesticide Control Act disallows local pesticide ordinances, rules, and regulations.
The judge wrote:
“Oregon does not recognize an independent right of local community self-government that is fundamental, inherent, inalienable, and constitutional.”
(To read the rest of this media release at its original source please click HERE.)