I am beyond disappointed that Lookout Eugene-Springfield bought the fabrications of the opposition to Measure 20-373, and did not endorse this important watersheds protection law. You should have done your homework.

The fearmongering about the avalanche of lawsuits is straight out of the corporate anti-environmental playbook. Environmental litigation is time consuming and expensive. The burden is on the suing party to prove harm, which requires expert scientific evidence, and must prove concrete harm to the watershed.

The suing party must show causation — that the party being sued caused the harm.

Frivolous cases are very rare in practice because of the expense and burden of bringing such cases. Judges regularly dismiss frivolous cases. This claim is speculative and hypothetical and not borne out in fact. There are more than 680 nature-protective laws in more than 60 nations, including the U.S. This false claim has not been their experience. The lawsuits that are filed come from industry who, in defiance of the new nature protective laws, claim their bottom lines will suffer. 

In 2017, Lincoln County voters passed Measure 21-177, banning aerial herbicide use. Before it was overturned by the courts, it was law for almost 29 months, with only one citizen lawsuit that in no way bankrupted the county.

This claim of overused lawsuits was also used before the Americans With Disabilities Act was enacted. The U.S. Chamber of Commerce claimed it would have enormous costs and would trigger waves of litigation. A U.S. Commission on Civil Rights review found that there was no empirical evidence presented to substantiate those fears or to show a significant number of frivolous ADA cases.

The scare tactics come from big corporations who enjoy profits off Lane County’s resources – most of their brass doesn’t even live in our communities – while we and the environment suffer the damages. Why do you think the Koch brothers threw down big money to the opposition? 

And no! Neighbors cannot sue neighbors for using pesticides on their lawns. You should have read the law…

Michelle Holman
Chief Petitioner, Lane County Measure 20-373
Deadwood