“An Oregon circuit judge is considering a case that argues local voters have a “natural right” to ban aerial spraying in Lincoln County, despite state statutes to the contrary.
Lincoln County voters approved an ordinance earlier this year banning aerial spraying. It is being challenged in a lawsuit filed by landowners Rex Capri and Wakefield Farms, who rely on aerial spraying.
The plaintiffs say the local ban is prohibited by Oregon’s “right to farm” law, state laws regulating pesticides and the forest practice laws.
Lincoln County Community Rights, which supports the ban, argues that Oregon laws that pre-empt local governments from regulating pesticides are unconstitutional.”
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