Violence in name of nature targeted.

Byline: David Steves The Register-Guard

SALEM - Citing fears that loggers, farmers and others who make a living off the land are the targets of underground cells of violent environmentalists, several agricultural and forest-products groups Friday called on the Legislature to prosecute "ecosabotage" under the state's racketeering law.

Proponents cited spiked trees, vandalized logging equipment and offices burned down by arson as the sort of acts of ecosabotage they want the Legislature to crack down on by passing Senate Bill 385.

But legal and environmental groups criticized the proposal, saying it goes too far by unconstitutionally singling out one type of political activism for harsher treatment than others.

They also opposed the measure because it would remove the statute of limitations for environmental sabotage.

Defining "ecosabotage" so loosely would allow participants in peaceful acts of civil disobedience - such as standing in the way of a logging truck or tree-sitting - to be charged criminally decades later, they said.

SB 385 is the latest in a string of bills that have been taken up in recent years to crack down on vandalism, intimidation and other criminal acts meant to advance environmen- talism.

This counter-movement has included creating the crimes of spiking trees, interfering with agricultural operations and interfering with agricultural research.

The same coalition of logging, farming and other extractive- industry interests behind those laws spoke out for SB 385 during its initial hearing Friday before the Senate Agriculture and Natural Resources Committee.

Rod Huffman, the training director for Associated Oregon Loggers, told lawmakers that despite these expanded criminal laws, successful prosecutions of "ecosaboteurs" have been rare, given the way perpetrators allegedly operate.

"The sabotage done by environmental criminals is often the product of a carefully planned nighttime attack," Huffman said.

In many cases, the perpetrators are guided by the teachings of activist camps and literature that are organized and distributed by "underground networks" and loosely organized groups such as the Earth Liberation Front.

The bill would help prosecutors go after such groups by expanding Oregon's racketeering law to include activities that constitute eco- sabotage.

Ecosabotage is defined by SB 385 as any crime that "involves sabotage and is committed for the purpose of influencing, intimidating or coercing a person or unit of government in order to further environmental objectives."

Sierra Club of Oregon lobbyist Martin Taylor said that while his group does not endorse any criminal and violent acts, it opposes SB 385 in part because ecosabotage was too broadly defined.

"If you're talking about influencing, that could be people committing really minor violations, such as trespassing for the purpose of getting arrested, or standing in front of a logging truck, or tree-sitting," he said.

In addition, Taylor questioned why Oregon would single out activists accused of breaking the law to advance environmentalism for more stringent treatment than those promoting other political agendas.

He cited activists who break the law to protest abortion, to disrupt political conventions, or who defy environmental laws by opening an irrigation canal headgate, as activists did two years ago when farmers were demanding more water for their crops in southern Oregon's Klamath Basin.

Unlike almost every other crime, ecosabotage would not fall under any statute of limitations; a case could be opened against a suspect of no matter how long ago it occurred.

Few crimes can be prosecuted without regard to how long ago they occurred. They include murder, manslaughter and solicitation to commit murder.

For a number of violent crimes, including rape and sexual abuse, prosecution must begin within six years after the crime unless the victim was a child.

Dave Fidanque, executive director of the American Civil Liberties Union of Oregon, said the bill's lack of time limits for prosecuting ecosabotage suspects runs afoul of the Constitution.

If the Legislature decides to waive any statute of limitations "based on a political viewpoint of those who carry out the offense, you're going to be in trouble constitutionally," he said.

Kelly Stoner, director of the group Stop Eco-Violence! said sabotage that targets agricultural, forestry, and animal research and production is so terrorizing to people in those industries and their families that it merits extraordinary efforts to stop it.

"It sends a clear message," she said.

"If you burn it, spike it, sabotage it or destroy it, we will use every means at our disposal to ensure your arrest and successful prosecution."