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J.H. Baxter’s New Suits
TWO LAWSUITS HAVE BEEN FILED AGAINST THE WOOD TREATMENT PLANT IN EUGENE
By Taylor Perse
F
or decades, families in west Eugene have
shared concerns about J.H. Baxter rang-
ing from the plant’s pollution filling the air
and causing health problems to contami-
nated waste water. Now some community
members are taking legal action.
Two class action lawsuits were filed
against the wood treatment plant on April 30 and May 7,
both alleging negligence in the way the plant disposes of
its chemical products and how that affects the surround-
ing neighborhoods. The lawsuits ask Baxter to remedy
the situation and for financial compensation for the plain-
tiffs, who are residents in west Eugene near the plant.
The lawsuits follow a $223,440 fine issued by the
Oregon Department of Environmental Quality on March
4. DEQ accused the company of misusing its wood treat-
ing chambers, called retorts, to treat over 1.7 million
gallons of hazardous waste by evaporating it instead
of correctly disposing of it. In a separate violation,
DEQ also alleged Baxter allowed untreated stormwa-
ter to flow into Amazon Creek. The company has since
appealed the fine.
Baxter declined to comment on the lawsuits.
“At this time we are not in a position to comment
on pending litigation. We continue to look forward to
working closely with all regulators and the community,”
Company President Georgia Baxter writes to Eugene
Weekly in an email statement.
Miles Hart, a west Eugene resident and former J.H.
Baxter employee, was named as a plaintiff in the lawsuit
filed on April 30. He says a lawyer contacted him about
joining the suit after he filed a complaint with the Lane
Regional Air Protection Agency (LRAPA) on Dec. 25,
2020.
“I had lodged a complaint because Baxter was running
its evaporator over Christmas,” Hart tells EW. “It stinks
so bad it burns my eyes and nose.”
Hart says he worked for Baxter from 2013 to 2014
and alleges he was fired because he became more vocal
about some of the illegal and unethical practices happen-
ing at the plant.
“Their chemicals pretty much poison the ground
water in this part of town,” Hart says. “They are a big
nasty plant.”
Hart’s lawsuit claims that Baxter illegally disposed
of some of its chemical byproducts and has failed to
adequately manage the chemicals, leading to them being
released into the water, soil and air. The lawsuit says that
Baxter has knowingly failed to mitigate these effects,
adding since 2019, 150 complaints have been made to
LRAPA about the plant.
The plaintiffs are seeking compensation for economic
damages and medical issues as well as acknowledge-
ment of and righting the wrongs of the company’s
alleged negligence in handling chemicals. They are
represented by Nicholas Kahl in Portland, and Laura
Sheets, Steven Liddle and Lance Spitzig from a law
firm in Michigan.
Lisa Arkin, executive director of Beyond Toxics,
says that, for years, Beyond Toxics gathered data about
the plant being a public health hazard, and it had been
ignored.
“Finally, agencies are asking for this data and valu-
ing this community generated data. It’s very important
because it is the lived experience,” Arkin says.
Plaintiffs in the second class action complaint, filed
on May 7, are represented by Derek Johnson and Leslie
O’Leary in Eugene. This lawsuit also accuses Baxter of
“intentional and unlawful process of disposing of its
hazardous waste streams,” and that the complaints to
LRAPA from affected residents covers more than half
the population of Eugene.
The plaintiffs ask for adequate staffing at Baxter so
correct procedures will be followed, compensation of
$75,000 for property damages due to contaminated
groundwater, $100,000 in damages for those owning a
home in that area, and nuisance damages of $15,000 for
each member in the case.
Hart’s goal is for J.H. Baxter to step up. He acknowl-
edges that the plant is a source of local employment, but
says that it needs to change. He blames the city for allow-
ing residential areas to be built so close to the industrial
area without a boundary.
“Just clean it up,” he says. “I don’t care if they stay in
business, or don’t stay in business. Just clean it up.” ■
Attorney Derek Johnson is the son of EW co-owners Art and Anita
Johnson. .
Endorsements at a Glance
EW’s recommendations for the May 18 election
BY EW EDITORIAL BOARD AND STAFF
Lane Community College
Position 6
Position 3
Zone 1
Maya Rabasa
Holli Johnson
Dakota James Boulette (dropped out to support
Rabasa)
Steven Hadley
Brandy Crosby
Mark Boren
Thomas Jennings
Zone 5, 2 Year Unexpired Term
Steve Mital
Al King
Eugene School District #4J
Position 2
Laural O'Rourke
Lane Education Service District
Position 5
Rose Wilde
Kelly Mason
Rich Cunningham
Ruth Linoz
Lisa Barrager (dropped out)
Junction City School District #69
Position 1, 2 Year Unexpired Term
Alaire Fajardo
Position 3
Kari Bennett
Ryan Ceniga
Tom Di Liberto
Bryan Costa
Samantha Alcantar
Position 6 At-Large
Harry Sanger
Judy Newman
Jonathan Light
Anthony Reed
Measures
#20-319 - Lane County Yes
Supporting 4-H and
OSU Extension Programs
in Lane County
Position 6
Jacque Gerdes
Jesse C. Springer
E U G E N E W E E K LY . C O M
M A Y
1 3 ,
2 0 2 1
9