The Lane County "Watersheds Bill of Rights" ballot measure was on track to fail as the first returns came in Tuesday evening.
Initial returns show just 36% of Lane County voters were in favor of the initiative, with 64% opposed. The next batch of Lane County election results are scheduled to be released late Wednesday afternoon.
The measure aims to give local ecosystems the right to exist and flourish free from pollution. Lane County would be asked to enforce these rules, and the public could also sue governments or companies for violations.
Supporters argued it could help stop aerial chemical sprays and the siting of new data centers. Eron King, a chief petitioner for the initiative, had told KLCC it could give her some recourse against timber companies spraying herbicide near her home.
But ahead of the election, online advertisements had warned that the measure would lead to “endless lawsuits” and impede firefighting efforts.
Critics said the measure was too broadly written and could be used against regular business activity, while costing the county for enforcement. EWEB’s Board of Commissioners and several county mayors publicly opposed the idea.
Protect our County, the committee created to defeat the measure, raised more than $435,000 as of Tuesday, outpacing supporters by a rate of more than 11 to 1.
“Folks really resonated with the breadth of the coalition that we were able to build,” said Betsy Schultz, the grassroots coordinator for Protect Our County. “A broad range of folks all coming together may not agree, may not be politically aligned, but could see the damage that this could cause to our county.”
At a watch party in Eugene on Tuesday, supporters of Measure 20-373 expressed disappointment at the returns, although some said they weren’t surprised they lost, given the difference in fundraising.
Rob Dickinson, a grassroots organizer for the campaign, said it was difficult to counter the messaging from Protect Our County. But he said activists were not giving up.
“When we were able to talk to people, we changed minds,” said Dickinson. “And sometimes campaigns need to have multiple phases. We built a lot of awareness, and we can build upon that.”
Justin Workman lives on a farm near where timber companies used to perform aerial herbicide sprays, and he said he believes it will happen again.
Workman said the odds feels stacked against them. Moving forward, he feels activists will shift towards more direct action, like blocking trucks from entering a site.
“When you see and realize how this system works, and how it just played in their favor, it makes you want to get out there and stop what they're doing,” said Workman.