Bill would remove barrier to Oregon pesticide lawsuits
SALEM — Filing lawsuits over alleged pesticide damages would be easier in Oregon under a bill that would eliminate a plaintiff’s responsibility to first notify farm regulators.
Currently, anybody who claims to be harmed by pesticides must submit a report within 60 days to the Oregon Department of Agriculture before taking legal action against the landowner or applicator.
Senate Bill 500 would remove this requirement, which is characterized by proponents as an unfair impediment to justice and by critics as a reasonable barrier to frivolous litigation.
“Keep things the way they are,” urged Denver Pugh, a farmer near Shedd, Ore., during a March 22 legislative hearing.
Pugh said pesticide spraying at his family’s operation was blamed for injuring the trees and shrubs of a nearby organic grower, who filed a “report of loss” with the ODA.
After an investigation, ODA determined the damage was actually caused by hail, not pesticides, which prevented an unnecessary lawsuit, said Pugh.
Critics of the bill argue the reporting requirement allows ODA to gather facts substantiating or repudiating the claims of pesticide loss, thus avoiding litigation based on weak or nonexistent evidence.
The 60-day window also ensures that accused farmers have an opportunity to collect their own evidence, which may not be possible if a lawsuit is filed long after an alleged incident, opponents say.
Greg Peterson, a tree farm owner, said ODA officials determined that his pesticide usage had no connection to the death of fish at a nearby property, contrary to the neighbor’s accusations.
“It was very good they were able to act as an intermediary,” Peterson said. “To unravel that would have been horrendous for us as landowners.”
Supporters of SB 500, on the other hand, say the “report of loss” requires submitting specifics that are difficult for people to obtain, such as the type of pesticide applied and who sprayed the chemical.
“Most people have to work with a state agency to get that information and it takes more than 60 days,” said Lisa Arkin, executive director of Beyond Toxics, which supports the bill.
Gary Hale, a resident of Lane County, said rural residents who are exposed to pesticides often won’t realize they must submit a report to ODA.
“There’s a very small percentage of Oregonians who expect that to be a requirement,” he said.
Once they find out about the 60-day deadline, it may be too late to submit the report of loss, permanently blocking the possibility of legal recourse, Hale said. “There is no justice after that.”