Advocates for Effective Regulation v. City of Eugene

Plaintiffs, a number of businesses operating in the City of Eugene, brought this action challenging the validity of the “Right to Know Initiative” (Initiative), a voter-approved amendment to the Eugene City Charter that imposes fees and reporting requirements on users of hazardous substances. The trial court upheld the validity of the Initiative. We conclude that three articles in the Initiative are invalid and therefore reverse and remand in part and affirm in part.

I. FACTUAL BACKGROUND

The electorate of the City of Eugene (City) enacted Measure 20-75, an amendment to the Eugene City Charter…