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CapitalPress.com
January 16, 2015
Justices won’t question California Delta smelt protections
By MATEUSZ PERKOWSKI
Capital Press
The U.S. Supreme Court
will not review an appeal to
irrigation restrictions in Cal-
ifornia that could have had
broader implications for the
Endangered Species Act.
The nation’s highest court
declined to hear arguments in
an appeal of irrigation cur-
tailments aimed at protecting
threatened smelt.
Earlier this year, the 9th
U.S. Circuit Court of Appeals
found that federal scientists
were justified in finding that
major irrigation projects in
California jeopardized the
small fish.
That opinion overturn-
ing a prevision decision by
U.S. District Judge Oliver
Wanger, who said the U.S.
Fish and Wildlife Service in-
adequately supported its con-
clusions about the impacts of
irrigation on the species.
For irrigators, the Su-
preme’s Court’s refusal
to review the case main-
tains the “status quo,” said
Damien Schiff, an attorney
specializing in environmen-
tal law and property rights.
Although Wanger dis-
agreed with federal regula-
tors, he allowed their irri-
gation restrictions to stay in
place, he said.
However, the fact that the
9th Circuit’s decision has
been allowed to stand rein-
forces a very strict interpreta-
tion of the Endangered Spe-
cies Act and has disappointed
proponents of reforming the
statute, Schiff said.
Irrigators hoped the Su-
preme Court would overturn
the 9th Circuit opinion and
find that economic impacts
can be considered in devis-
ing ESA restrictions, he said.
With the Supreme Court
staying out of the dispute,
the 9th Circuit’s ruling is the
“law of the land,” Schiff said.
In other words, human im-
pacts are irrelevant when the
federal government enacts
protections for species, he
said.
“That will have a signifi-
cant impact on how the ESA
is administered,” Schiff said.
Federal agencies try to
minimize disruption from
the statute but cannot al-
low corporate profits to su-
persede efforts to prevent
extinction, said Doug Obe-
gi, senior attorney for the
Natural Resources Defense
Council.
“Economic
consider-
ations don’t trump protec-
tions for endangered spe-
cies,” he said.
As for the specific im-
pacts of smelt protections
on irrigation, the federal
approach is still prone to
change despite the Supreme
Court’s refusal to review the
case, he said.
The U.S. Bureau of Rec-
lamation, which oversees
water projects that shift wa-
ter from northern California
to the central and southern
portions of the state, has un-
dertaken a new environmen-
tal study of the systems.
When that analysis is
completed, the “jeopardy”
conclusions in the Fish and
Wildlife Service’s “biolog-
ical opinion” will warrant
reconsideration, Schiff said.
At that point, the agency
may decide to improve the
water regime for irrigators
— or it could impose even
more demanding restric-
tions, he said.
Obegi of NRDC said the
previous conclusions re-
garding the smelt withstood
several rounds of scientific
review, but it is possible that
protections may be changed
based on new research.
Mediators prevent dispute from escalating Apple sales up to
Intervention reduces risk of strike or lockout, experts say
Mexico, Canada
By MATEUSZ PERKOWSKI
By DAN WHEAT
Capital Press
Federal intervention in a la-
bor contract dispute between
longshoremen and container
terminal operators will stop
the conflict from escalating but
won’t immediately end port dis-
ruptions, experts say.
The longshoremen’s union
and their employers recently
allowed federal mediators to
participate in contract nego-
tiations, which will probably
prevent a strike or lockout,
said Michael LeRoy, a law
professor at the University of
Illinois who specializes in la-
bor relations.
While the mediators can
keep the parties from going
over the brink, persuading them
to hammer out a resolution usu-
ally involves a longer process.
LeRoy said.
“It’s a bit like untying a knot
that’s tied very tightly,” he said.
“I would not expect a quick
outcome.”
The International Long-
shore and Warehouse Union’s
prior labor contract expired in
July 2014, and in recent months
terminal operators represented
by the Pacific Maritime Asso-
ciation accused it of deliberate-
ly staging work slowdowns to
gain leverage in negotiations.
The ILWU was initially un-
decided about PMA’s request for
federal intervention but agreed
to let mediators participate in
early January after thinking over
the option for two weeks.
Federal mediators are able
to settle more than 80 percent of
collective bargaining disputes,
according to government statis-
tics.
Capital Press
Mateusz Perkowski/Capital Press
A view of a cargo container ship at the Port of Portland is seen in this file photo taken in April 2011.
Experts say federal intervention in a labor contract dispute between longshoremen and container
terminal operators will stop the conflict from escalating but won’t immediately end port disruptions.
“It’s an encouraging sign,”
said Peter Friedmann, execu-
tive director of the Agriculture
Transportation Coalition. “It’s
better than the two of them not
talking to each other.”
Even so, agricultural ex-
porters continue to face a “dire”
situation at ports along the West
Coast as congestion impedes the
shipping of perishable crops,
meat and dairy products while
overseas buyers secure alternate
sources of farm goods, he said.
“Foreign customers are look-
ing elsewhere for dependable
suppliers,” Friedmann said.
The Federal Mediation and
Conciliation Service’s engage-
ment in the talks is a relief for
shippers, as the public vitriol be-
tween ILWU and PMA over the
reasons for port congestion had
grown worse in late 2014, said
Eric Schinfeld, president of the
Washington Council on Interna-
tional Trade.
“It was pretty clear they were
not on the same page at all,” he
said. “That was sort of the ‘dark-
est before the dawn’ moment.”
However, even under the
most optimistic timeline, the
parties probably will not reach
a tentative agreement before the
end of January, Schinfeld said.
After that, it will still take
many months to clear the back-
log of cargo that has accumulat-
ed at container yards, he said.
Until they strike a deal, it’s
unlikely that the longshoremen
and terminal operators will re-
sume the public sniping seen in
late 2014, said LeRoy.
Parties are discouraged from
speaking to the media to avoid
aggravating tensions and but are
allowed to vent their frustration
to mediators, he said.
“These mediators are like
giant shock absorbers,” LeRoy
said. “They absorb a lot of nega-
tive energy.”
Mediators often speak sep-
arately to negotiators from op-
posing camps to focus on the
fundamental issues and avoid
confrontational tactics, he said.
This process provides the
mediators with insights about
points of possible compromise
and allows them to spot “horse
trading” opportunities, LeRoy
said.
Mediators have an “encyclo-
pedic knowledge” of the prob-
lems facing the ILWU and PMA
— like increased automation
aimed at relieving high labor
costs — and can float propos-
als that allow the parties to save
face and not appear to be back-
ing down, he said.
“It’s a way of resetting the
conversation,” LeRoy said. “It’s
a good way of injecting some
new energy into the talks.”
WENATCHEE, Wash. —
The Washington apple indus-
try is exporting more apples
than a year ago despite a work
slowdown by longshoremen
at West Coast ports.
That’s because a lot of ap-
ples are being trucked to Mex-
ico and Canada without using
the ports.
Mexico has long been
Washington’s No. 1 apple ex-
port market, taking 13.6 mil-
lion, 40-pound, fresh-packed
boxes during the previous
record crop of 128.8 million
boxes in 2012.
From September through
December, Mexico bought
2.7 million boxes of the re-
cord 150-million-box crop
compared with 1.9 million
for the same period the year
before, says Tim Evans, gen-
eral sales manager of Chelan
Fresh Marketing in Chelan.
Canada, long the No. 2 ex-
port market, is at 2.1 million
boxes versus 1.6 million a
year ago, Evans said.
Exports are up 40 percent
to Mexico, 39 percent to Can-
ada and 39 percent to Taiwan,
he said.
The Mexican market could
be affected by May if allega-
tions stick that Washington
dumped apples there below
market values in 2013.
Overall, the industry ex-
ported 25 percent more apples
in the first four months this
season than last, Evans said.
Total export volume for that
period was 15.2 million boxes
compared with 12.2 million a
year ago and 12.6 million two
years ago, during the previous
record crop.
Asked if that’s good news,
Todd Fryhover, president of
the Washington Apple Com-
mission in Wenatchee, said:
“If there weren’t the port is-
sue, it would be remarkably
better and that’s what we
need when we have a record
crop is remarkably better.”
Figures on overseas ex-
ports only for November
and December were not
available but are believed
to be down. The longshore-
men’s slowdown that began
Nov. 1 has been estimated
by the Washington State
Tree Fruit Association to be
costing tens of millions of
dollars weekly in lost rev-
enue.
China may open soon
to all varieties of U.S. ap-
ples, but Fryhover said if
it happens and even if the
longshoremen slowdown is
resolved it will be too late
for shipments for the prime
sales window before the
Feb. 19 Chinese New Year.
It could be a 2 million to 2.5
million market for the year,
he said. He had hoped for 5
million with better timing.
As of Jan. 1, 47.9 million
boxes of apples have been
sold domestically and ex-
port. That’s 32 percent of the
crop shipped compared with
33.9 percent a year ago and
33.7 percent two years ago,
Evans said.
“So we’re a couple per-
cent behind. It’s a manage-
able number. Our pace is well
ahead of the past two years
and we need to keep it going,”
he said.
Potato Board wants to donate salad bars to schools
Capital Press
The United States Potato
Board hopes to donate up to
3,000 salad bars to U.S. schools
over several years to promote
potatoes in a healthy diet.
USPB President and CEO
Blair Richardson announced the
program Jan. 8 during the Na-
tional Potato Council’s Potato
Expo 2015. He asked industry
leaders to consult with members
and offer feedback before USPB
votes on the project during its
March meeting in Colorado
Springs, Colo. Richardson said
it’s the first time USPB has
sought such broad industry input
on a program.
Richardson said each salad
bar would cost about $2,800. He
envisions USPB will average
about 300 donated salad bars
per year, with industry donors
reserving the right to chose spe-
cific schools.
Colorado growers have al-
ready donated the first four sal-
ad bars to pilot the program —
two of which will go to Denver
schools.
A related USPB program
will provide food service direc-
tors of any U.S. school offering
a salad bar creative, thematic
potato preparation ideas.
Richardson said USPB will
draw its preparation ideas from
its extensive recipe database,
as well as the work of various
state commissions and indus-
try sources. Some display tips
and recipes would be centered
around holiday themes, such
as Cinco De Mayo and St. Pat-
rick’s Day.
Onlookers at Ag Expo
2015 in Orlando, Fla.,
on Jan. 8 view one of
the salad bars U.S.
Potato Board plans to
donate to a U.S. school
to pilot a proposed
program.
Bill Schaefer/For Capital Press
The salad bars are fitted
with trays that hold hot or
cold items and are compatible
with potatoes. Though USPB
11 th Annual
Cattleman’s Workshop
“Achieving Sustainable Beef Cow/Calf Production”
Saturday, January 24 th , 2015
Blue Mountain Conference Center
404 12 th Street • La Grande, OR
FREE! No Pre-Registration Required.
Lunch Included!
9:00-9:15
Workshop Introductions & Overview
9:15 -10:15 The March Towards Continuous
Improvement
Cameron Bruett; Chief Sustainability Officer, JBS,
Windsor, CO
10:15-10:45 Break (provided by sponsors)
10:45-11:45 Beef Industry Sustainability
Kim Stackhouse-Lawson; Director of
Sustainability Research, NCBA
11:45-1:00 Lunch (provided by sponsors)
1:00-2:00
Outlook for Agriculture and Rural Interests
in Washington, DC
Todd Van Hoose; Senior Vice President,
Government Affairs, Co-Bank, Washington, DC
2:00-3:00
Weather and Climate, Past, Present &
Future... in Oregon and Beyond
George Taylor; President, Applied Climate
Services, Corvallis, OR
3:00-3:15
Break (provided by sponsors)
3:15-4:15
Value Based Marketing for Feeder Cattle
Tom Brink; Founder/Owner, Brink Consulting/
Trading, Brighton, CO
Note: for more information, please contact Kim McKague
or Tim DelCurto at (541) 562-5129
http://oregonstate.edu/dept/eoarcunion
3-5/#5
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By JOHN O’CONNELL
wouldn’t require that schools
offer potatoes, Richardson
considers spuds a natural fit,
especially with USPB’s menu
suggestions.
“The idea is to promote
healthy eating through salad
bars,” Richardson said. “Po-
tatoes, fortunately, are a very
healthy and nutritious vege-
table, and they are also one of
the most cost-effective vegeta-
bles.”
USPB has consulted on the
project with United Fresh Pro-
duce Association, which has
already donated 4,000 salad
bars to U.S. schools since No-
vember 2010 through its Let’s
Move Salad Bars to Schools
Program.
Andrew Marshall, direc-
tor of foundation programs
and partnerships with United
Fresh, said his program’s
salad bars serve more than 2
million students per day.
LEGAL
PURSUANT TO ORS CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder,
on 1/19/2015. The sale will be
held at 10:00 am by
ANGEL AUTO REPAIR
120 N MAIN ST
MT ANGEL, OR
2000 Volvo S80 T6
VIN = YV1TS90D1Y1087275
Amount due on lien $2,445.00
Reputed owner(s)
Teresa Nolasco Guerrero
Oregon Community CU
Legal-2-2-5/#4