Oregon county’s aerial spray ban gets day in court

Supporters of a prohibition against aerial pesticide spraying in Oregon’s Lincoln County are urging a judge to uphold the ordinance even though it’s pre-empted by state law. Lincoln County Community Rights, which supports the ban, argues that Oregon law that pre-empt local governments from regulating pesticides is unconstitutional.The ordinance was approved by voters earlier this year but is being challenged in a lawsuit filed by landowners Rex Capri and Wakefield Farms, who rely on aerial spraying.During oral arguments on Oct. 9, the plaintiffs asked Lincoln County Circuit Court Judge Sheryl Bachart to declare the ordinance invalid because a local government can’t overrule Oregon law.Not only does the county lack the general authority to enact such an ordinance, but the prohibition is specifically barred by Oregon statutes governing pesticides, forest practices and the “right to farm,” according to plaintiffs.