Oregon aerial pesticide ordinance overruled in county court

LINCOLN COUNTY, Ore. — After two years of review, Lincoln County Circuit Court Judge Sheryl Bachart ruled a county ordinance, Measure 21-177, or The Freedom from Aerially Sprayed Pesticides Ordinance, is invalid on the basis that state law regulates pesticide use, not local governments. 

The decision came after the measure, passed by Lincoln County voters in 2017, was challenged in court by commercial fisherman and timberland owner Rex Capri. Bachart wrote in her decision that the measure is subject to the Oregon Pesticide Act. This statewide regulation bars local governments from regulating pesticide sale or use on a local level.