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July 17, 2015 CapitalPress.com 17 Cattlemen’s groups join federal water rule fight Groups sue to overturn new Clean Water Act rules By MATEUSZ PERKOWSKI Capital Press Several livestock associ- ations have joined the legal fight against the federal gov- ernment’s new rules for en- forcing the Clean Water Act. The growing field of plain- tiffs claim that the U.S. Envi- ronmental Protection Agen- cy and U.S. Army Corps of Engineers have overstepped their authority in regulating water. The fear is that federal regulators will begin impos- ing restrictions on ditches, ephemeral streams and other water bodies on agricultural lands that previously weren’t subject to Clean Water Act permitting requirements. Cattle and livestock groups from Washington, California and New Mexico have filed the latest complaint against the agencies in Minneso- ta, while other agricultural groups and state governments have launched similar actions in Texas and North Dakota. With multiple plaintiffs across several states, oppo- nents face a better chance of establishing legal standing to sue the government, said Reed Hopper, an attorney with the Pacific Legal Foundation, a nonprofit group representing the livestock plaintiffs. Filing complaints in mul- tiple jurisdictions also pro- vides opponents with a hedge against adverse court deci- sions, since it’s likely that different federal circuit courts of appeal will come to vary- ing conclusions regarding the new rules, Hopper said. “If we get a split among the circuits, the Supreme Court is more likely to hear the case,” he said. The nation’s highest court has already ruled in 2001 and 2006 that EPA and the Corps of Engineers are limited in their jurisdiction over water bodies, but the agencies have thumbed their noses at those opinions, he said. “That’s the ultimate prece- dent,” said Hopper. Capital Press was unable to reach representatives of the federal agencies as of press time. In response to earlier crit- icism, the agencies have said that farmers and ranchers won’t be burdened by the new regulations, which are intend- ed to clarify uncertainties about federal CWA authority. Litigation over the federal rules will likely be protract- ed — roughly a year before initial opinions are issued by federal judges, two years be- fore appellate courts weigh in, and three years or longer before the Supreme Court potentially makes a decision, said Hopper. However, it is possible that the rules could be blocked if a judge issues a preliminary injunction, as some plaintiffs have requested, he said. Washington’s Parent firm of Yogi Tea plans expansion Inslee blames GOP for climate failures By SHERRI BURI MCDONALD The Register-Guard By PHUONG LE Associated Press SEATTLE (AP) — Wash- ington Gov. Jay Inslee has gained national attention for rolling out some of the most ambitious climate initiatives in the country, signing pacts with other Western states and speak- ing at an international summit. But during the legislative session that ended recently, Ins- lee failed in his own state to pass bold carbon-reduction propos- als, including the centerpiece cap-and-trade plan to charge emissions from oil refineries, power plants and fuel suppliers. The Democratic governor also conceded to a Republican provision that set back another climate initiative: He signed a $16.1 billion transportation pack- age that prevents any state agen- cy from implementing a low car- bon fuel standard for eight years. Inslee, who has made climate change a key issue since taking office in 2013, blamed the Sen- ate Republican majority, saying the party “is now in the strangle- hold of the oil and gas industry.” “I have proposed many, many proposals to reduce car- bon pollution in the state,” the governor told reporters Friday. “The state Senate has acted on no meaningful carbon pollution.” Sen. Doug Ericksen, R-Fern- dale, who chairs the committee dealing with environment is- sues, said Inslee’s “remark dis- paraging Senate Republicans is misplaced.” He noted that the Demo- crat-controlled House failed to pass the governor’s climate plan out of its own chamber. “Unfortunately, the legisla- tive agenda he pursued is more geared toward a national or inter- national landscape than one small state with a low-carbon emission footprint,” Ericksen said. The governor knew it would be difficult, but it didn’t dis- suade him from trying, Inslee spokesman David Postman said. “He isn’t going to make it easy for lawmakers to avoid the discussion and debate,” he said. Mark Stephan, associate professor of political science at Washington State University Vancouver, said Inslee is look- ing at the bigger picture. “Yes, it’s ambitious today, but he’s setting the bar for what’s hap- pening a year from now or two years from now,” Stephan said. But his challenge became much harder when Republicans took control of the Senate after last November’s election. That’s Don Jenkins/Capital Press Washington Gov. Jay Inslee urges lawmakers April 22 to pass climate-change legisla- tion during this year’s special session. He says Republicans blocked many of his climate initiatives. despite big money pouring in from California billionaire Tom Steyer’s group to help a state environmental group unseat Re- publican senators. “He put all his eggs into the election and when that failed, rather than change his policy, he double downed,” said Todd Myers, environmental director at the Washington Policy Cen- ter. He called the cap-and-trade program the most bi-partisan and least popular one the gover- nor could have pursued. “I think he pretty much failed across the board,” he said. Inslee’s cap-and-trade plan was the centerpiece of a broader carbon-reduction package this year. He pitched it as a way to raise more than $1 billion a year for schools and other programs. Republicans and some busi- nesses balked, saying it would hurt consumers and raise gas prices. Kerry McHugh, spokeswom- an for Washington Environmen- tal Council, blamed the influence of the oil industry, which lobbied against a low carbon fuel stan- dard. “This is a disappointing ses- sion for anyone who supports ac- tion on climate change,” she said. “It wasn’t a great year for cli- mate,” agreed Rep. Joe Fitzgib- bon, D-Burien, prime sponsor of Inslee’s cap-and-trade bill. “You’ll see us continue to work on climate policy until we get it right. We’ll keep working on it.” Fitzgibbon said he believed the House had enough votes to pass the cap-and-trade bill. But it was clear the Senate wasn’t go- ing to consider it, he said, so they did not want to ask members to take that vote when there were other “heavy lifts” this session. Lawmakers did extend a sales tax break for electric vehicles, ap- proved $40 million for renewable energy technologies, and funded a number of energy efficiency and climate-related research pro- grams. But they didn’t take action on bills related to solar incentives, zero emissions vehicles and coal- fired electricity. EUGENE, Ore. (AP) — Fueled by growing demand for its lineup of hot teas, the maker of Yogi Tea plans to roughly double its space by building a $12 million facility in west Eugene. East West Tea Co., Yogi’s parent company, plans to buy 13 acres of vacant land in the Westec Business Park off Highway 126, where it will build a plant and offices total- ing 150,000 to 200,000 square feet, CEO Conrad Myers said. “We have property in es- crow,” he said. “We’re de- ciding whether to start with 150,000 square feet and later enlarge (it), or build out the whole thing at once.” The company, which has 103 U.S. employees — about 85 of them in the Eugene-Springfield area — plans to expand its workforce as it expands production, My- ers said. The company plans to add five employees in the U.S. by the end of the year, and fore- casts adding 30 to 40 posi- tions from 2016 to 2018, said Sat Bir Singh Khalsa, director of global community relations and HR development. East West Tea Co. is owned by the Sikh Dharma religious community, which is based in Espanola, N.M., and was founded by the late Yogi Bhajan. The tea company is what remains of Golden Temple of Oregon, a food and beverage company that was started by the local Sikh community in AP Photo via Mary Jane Schulte/The Register-Guard In this July 3 photo, Conrad Myers, CEO of Yogi, visits one of their manufacturing plants and sales office in Springfield, Ore. Fueled by growing demand for its lineup of hot teas, the maker of Yogi Tea plans to roughly double its space by building a facility in west Eugene. the early 1970s and became a pillar of Lane County’s natu- ral food industry. The investment in the new plant continues that longtime local presence, Myers said, adding, “we’re here for the long haul.” East West Tea is the un- named food company that The Register-Guard reported in late April was trying to decide whether to expand at the site in Westec or one farther west in Greenhill Technology Park. The company ultimately chose Westec, Myers said, be- cause “we think it’s an easier site to build on.” “We think the soil con- ditions are better,” he said. “There are some wetland re- mediation issues not yet com- plete on the other site, which lends some uncertainty.” East West Tea hopes to break ground next summer and to move into the new Frozen custard disappears because of egg shortage By KATHY MATHESON Associated Press PHILADELPHIA (AP) — The latest casualty of bird flu? Frozen custard. The summer treat made with eggs is being pulled from Rita’s stores across the country due to an egg short- age and has been replaced by soft-serve ice cream. “Until we can get enough eggs, we’ve replaced our cus- tard with a high-quality, pre- mium ice cream soft-serve product,” Rita’s President and CEO Jeff Moody said Thursday. “Many people don’t really notice a big dif- ference.” More than 48 million tur- keys and chickens have died or were euthanized because of the H5N2 avian flu virus that hit Midwest farms this spring. As a result, nation- wide egg production in May dropped 5 percent from last year, according to the U.S. Department of Agriculture. About two-thirds of Ri- ta’s 600 stores have switched from custard to the eggless soft-serve, Moody said, and the rest will follow once their custard stock is depleted. All menu items are still avail- able, except they’ll be made with ice cream instead of cus- tard. The change didn’t faze customers at a Rita’s stand in downtown Philadelphia on Thursday. City resident Tracy Mor- ton said she’d heard about the issue on the news but still wasn’t sure if her favorite Ri- ta’s treat would be available to help her cool down on a muggy day. She was happy to Research ‘puts pencil’ to water conservation By JOHN O’CONNELL Capital Press PICABO, Idaho — A collab- orative project in south-central and eastern Idaho aims to quanti- fy the effectiveness of water-con- servation practices such as vari- able-rate irrigation under different commercial field conditions. Partners in the research — including Miller-Coors, Thresh- er Artisan Wheat and The Na- ture Conservancy — plan to recruit additional grain growers soon to participate in next sea- son’s trials. They’re seeking wheat, barley and corn growers with yield monitors. The lead investigator, Utah crop researcher Bill Marek, said more than 100 Idaho pivots are currently enrolled in the proj- ect, which is also evaluating the economics of water-con- servation improvements such as nozzle exchanges, end-gun removal and cover crops. Marek installs special vari- able-rate drives on pivots allow- ing growers to adjust rotation speeds for varying conditions every 6 degrees. Marek helps growers develop a prescription map based on topography and soil conditions, understanding that conventionally operated pivots must water to the dri- est portion of the field, which may lead to runoff and nutrient leaching in other areas. Preliminary data in 2013, the project’s first season, was prom- ising. Participants averaged 8,000 kilowatt-hours in power savings and about 8 percent, or roughly 7 million gallons, in water sav- ings. Marek believes this year will provide more robust data. He considers the timing to be good, given that groundwater users throughout Idaho’s Eastern Snake Plain Aquifer will be expected to reduce irrigation beginning next season as part of an agreement to stabilize groundwater levels. Marek said some fields lend building in mid-2017, Khalsa said. However, the timeline will be determined by what the company discovers in its due diligence, Myers said. He said the company’s lease for its International Way facility in Springfield expires in Sep- tember 2018. “We’ve given ourselves plenty of time to make good decisions and work with our landlord partners,” Myers said. The 13.3-acre Westec par- cel is between Oregon Lox Co. and Lane Memorial Gar- dens & Funeral Home and is owned by developers John Hammer and Richard Hunsa- ker, according to Lane County property records. It is in the west Eugene Enterprise Zone, which offers expanding companies three to five years of property tax waivers. Myers said they had not calculated the tax savings as- sociated with a waiver. But “that’s not our prime motivation,” Myers said. “Our prime motivation is our business is growing. We’re situated in several locations. That’s not the most efficient way to run our business, and it doesn’t make it cohesive for our employees.” When the company opens the new plant, it will close three facilities it leas- es: a 38,000-square-foot headquarters and factory at 950 International Way in Springfield’s Gateway area, a 32,000-square-foot ware- house in west Eugene, and a 14,000 square-foot warehouse in Coburg, Myers said. He declined to provide de- tailed financial figures for the privately held company. But he said, “we’ve had excellent growth both here and in Eu- rope over the last two years.” In addition to the Spring- field site, East West Tea has an office in Portland; Europe- an headquarters in Hamburg, Germany, where Myers has been based since the manag- ing director there resigned in November 2013, and a tea packaging plant in Imola, It- aly, near Bologna. East West Tea makes about 60 products for the U.S. mar- ket and introduces two to three new products each year, Myers said. It is pushing to make its products in the U.S. with 100 percent organic ingredients — something the company has already achieved in Europe, Myers said. themselves well to variable-rate irrigation, but fields in which variation is “marbeled” through- out a pivot present a challenge. “I know I can make a bad field good. I’ve done it repeat- edly,” Marek said, adding an- other key question pertains to the economics of making an already productive field better through variable-rate irrigation. Picabo, Idaho, farmer Pat Purdy experimented with vari- able-rate irrigation on four challenging fields as part of the project last season and has add- ed a few more fields this season. Purdy communicates frequent- ly with Marek and routinely tweaks his field prescription. “I think it has some great ap- plication where you have high- ly variable soil or terrain chal- lenges,” Purdy said. “I know we’ve been able to raise a more consistent crop.” Dayna Gross, conservation manager with the Nature Con- servancy in Picabo, has helped recruit growers and pursued funding to pay their costs. Her organization prioritizes conserv- ing water in the Upper Snake, Silver Creek and Big Wood Riv- er drainages. Gross said the Nature Con- servancy aided the Idaho Wa- ter Resource Board in securing $1.1 million in USDA Natural Resources Conservation Ser- vice funds for Idaho water-con- servation grants over the next two years, including $80,000 per year specifically for vari- able-rate irrigation. NRCS will match up to 65 percent of grow- er contributions, and the appli- cation period is scheduled from Aug. 1 through Sept. 18. The project furthers Thresh- er’s goal of identifying ways for growers to reduce inputs while still increasing output, said Bradford Warner, vice president of marketing with Thresher’s parent company, Agspring. Katie Coyle/Iowa Egg Council via AP This undated photo provided by Katie Coyle shows eggs on a conveyor belt coming in from an Iowa chicken house. A third of the supply disappeared in recent weeks because of the H5N2 virus. find she could still get a Ge- lati — Italian ice layered be- tween dollops of soft-serve. “I asked the young lady if they were still making Gela- tis, and she said yes. Yay for me!” Morton said. “I don’t taste the difference at all.” David Gounis said he didn’t know anything about the shortage until he saw a sign posted at the ordering window — and it was wel- come news. “I never could get the cus- tard here because I’m aller- gic to eggs, so that actually worked for me,” Gounis said. It’s not clear when Rita’s will be able to switch back to custard, Moody said. The company is not alone in its egg difficulties. Tex- as-based chain Whataburger temporarily limited its break- fast-serving hours last month because of the shortage but has since rebuilt its egg sup- ply. Idaho Panhandle counties declared drought disaster areas Producers eligible for federal assistance Five Idaho Panhandle counties have been de- clared federal disaster areas because of drought condi- tions, the U.S. Department of Agriculture announced today. The five counties are Bonner, Benewah, Clear- water, Kootenai and La- tah. The declaration qual- ifies producers to apply for federal drought relief programs administered by the USDA’s Farm Service Agency. Producers in five other Idaho counties and three in Washington also can apply for assistance because their counties border the disaster area. The five contiguous counties in Idaho are Bound- ary, Idaho, Lewis, Nez Perce and Shoshone. The contiguous coun- ties in Washington are Pend Oreille, Spokane and Whitman. The declaration today was the latest involving Idaho counties dating back to early February. Producers must apply for low-interest emergency loans within eight months of a declaration.