Oregon Appeals Panel Affirms: Right-To-Farm Suit Fails To Raise Justiciable Claim

Oregon Appeals Panel Affirms: Right-To-Farm Suit Fails To Raise Justiciable Claim

SALEM, Ore. - A unanimous Oregon Court of Appeals panel on Nov. 14 affirmed that a declaratory judgment that the Oregon right-to-farm act denies organic farmers the right to pursue claims in torts for pesticide drift is nonjusticiable because applying the judgment to the forester who allegedly caused the pesticide drift is hypothetical (Gary Hale, et al. v. Oregon, No.A150572, Ore. App.; 2013 U.S. App. LEXIS 1367).

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