Bill would remove barrier to Oregon pesticide lawsuits

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.