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FL advocates worry about the EPA delaying an important decision on emissions; WV is a leading state in criminal justice reform thanks to national backing; CA groups are celebrating a judge rejecting a federal moratorium on offshore wind; U of MI child care workers are fighting for a livable wage; gray whales might not be bouncing back as fast as previously thought; and NY advocates are celebrating a federal ruling saying the Trump Administration's wind energy ban was illegal.

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The Senate fails to extend ACA subsidies all but ensuring higher premiums in January, Indiana lawmakers vote not to change their congressional map, and West Virginia clergy call for a moratorium on immigration detentions during the holidays.

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Farmers face skyrocketing healthcare costs if Congress fails to act this month, residents of communities without mental health resources are getting trained themselves and a flood-devasted Texas theater group vows, 'the show must go on.'

OR River Could Take Legal Action in Aerial Pesticide Ban Case

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Tuesday, July 25, 2017   

NEWPORT, Ore. – The Siletz River ecosystem could take some novel legal action in an Oregon case over a measure banning aerial pesticides. In May, Lincoln County residents passed a measure outlawing the spraying of pesticides from aircraft. The measure is the first of its kind in the nation.

However, two plaintiffs representing farms in the county have sued to overturn the measure.

Rio Davidson of Lincoln County Community Rights - which wrote the measure along with the Community Environmental Legal Defense Fund - says the Siletz River ecosystem has filed a motion to intervene in this case.

"The idea here is that nature needs to have rights, and the only way to sometimes protect nature is by actually having nature intervene itself into a lawsuit, and that's essential to the ecosystem, to ongoing health-function and survival," he says.

Over the past year, high courts in New Zealand, India and Colombia have recognized the rights of rivers.

The measure faced local opposition from Lincoln County Sheriff Curtis Landers, who says a provision allowing "direct action" would be a threat to public safety. The Lincoln County Circuit judge has put a hold on that provision. Other opponents have argued the language of the measure is too broad.

But Davidson says the large pesticide sprays on forests before they are logged are putting hazardous chemicals into the county's rivers and streams. Ultimately, he says the people of Lincoln County have spoken on this issue and that the defense of this measure will rely on rights found in the Declaration of Independence and the federal and state constitutions.

"Corporate rights or state pre-emption must not be able to violate the communities' rights to local self-government when the people exercise that right to protect the right to our health, safety and welfare," he adds.

The judge has not yet decided whether to allow the Siletz River ecosystem to intervene in the case. Lane County voters will consider a similar measure banning aerial pesticide application this November.


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