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CapitalPress.com
February 19, 2016
People & Places
In defense of resource industries
Scott Horngren
helps cultivate
next generation of
resource lawyers
By MATEUSZ PERKOWSKI
Capital Press
Work in the Northwest’s
rangelands and forests has
been reshaped in recent de-
cades by the environmental
laws that ranchers and loggers
must navigate.
The changes are often pro-
pelled by conlicts decided in
federal court, an arena where
attorney Scott Horngren has
made his mark as a defender
of natural resource industries.
Precedents matter
Important legal opinions
can arise from lawsuits over
relatively minor projects that
affect endangered species and
public lands — major subjects
of litigation in the West.
For this reason, Horngren
sees certain battles as worth-
while even if they don’t in-
volve enormous timber tracts
or grazing allotments, since
losing one ight can have a
domino effect.
“That precedent is going to
hurt you in the next case,” he
said.
The general thrust of major
U.S. environmental statutes
is set by Congress, and their
enforcement is carried out
by federal agencies, but key
questions about how these
laws should function are often
answered by judges.
“It’s up to the courts to
decide what (statutes) mean
in the absence of clear direc-
tion,” Horngren said. “Those
interpretations are a huge part
of natural resource law.”
In nearly three decades of
legal practice, Horngren has
represented private compa-
nies — often when they’re
caught in the middle of dis-
putes between environmen-
talists and the government —
and inluenced federal policy
as an attorney for the Ameri-
can Forest Resource Council,
a nonproit industry group.
Mateusz Perkowski/Capital Press
Scott Horngren, an attorney with the Western Resources Legal Center, has spent decades defend-
ing against environmentalist lawsuits and is now training the next crop of attorneys to represent the
natural resources industry.
Now he’s turned his at-
tention to educating the next
crop of natural resource at-
torneys while continuing
to litigate cases that impact
agriculture, timber and min-
ing at the Western Resources
Legal Center, which is afili-
ated with Lewis & Clark Law
School in Portland.
Unlike most nonproit
environmental law centers,
WRLC is dedicated to help-
ing natural resource industries
rather than thwarting them.
The program represents
parties in select lawsuits that
have the potential to set legal
precedent and provide an ed-
ucational experience for law
students.
Horngren is a natural it
for this role as a teacher-liti-
gator, as he’s well-versed in a
variety of industries affected
by environmental laws, said
Caroline Lobdell, executive
director of WRLC.
“We can’t let all that talent
just walk out the door,” she
said. “He’s the true deinition
of a natural resources lawyer.”
‘Wise sage’
New lawyers have long
turned to Horngren for advice
as a “wise sage” of natural
resource law, said Tim Ber-
nasek, chair of the agriculture,
Western
Innovator
Scott Horngren
Occupation: Natural
resource attorney
Age: 61
Hometown: Portland, Ore.
Family: Wife, Yona McNally,
and a grown son
Education: Bachelor of
science in Forestry from
Oregon State University in
1977, juris doctor from Lewis
& Clark Law School in 1988.
food and natural resources
team at the Dunn Carney law
irm.
After retiring from a suc-
cessful private practice, Horn-
gren is still contributing to the
ield instead of devoting him-
self to golf or other pastimes,
he said.
“It’s a testament to his
character and devotion to
this industry,” Bernasek said.
“There are not a lot of people
who are willing to do that.”
During his career, Horn-
gren has noticed subtle shifts
in the effect of environmental
litigation on natural resource
industries.
While the public’s atten-
tion is often drawn to piv-
otal cases, the profusion of
environmental litigation has
also had a more gradual ef-
fect: Federal agencies have
become more gun-shy about
making decisions.
For example, because of
pressure from environmental-
ists, the government is often
persuaded to scale back wa-
tershed-scale thinning proj-
ects until they’re a fraction of
their original scope, Horngren
said.
“The agencies continue
to be scared of litigation and
the environmental groups,” he
said.
Pendulum swings
The legal landscape facing
natural resource users isn’t
all doom and gloom. Horn-
gren said the 9th U.S. Cir-
cuit Court of Appeals, where
many Western environmental
cases end up, has grown more
even-handed in recent years.
In the early days of Horn-
gren’s career, the 9th Circuit
was “stacked” with judges
who weren’t sympathetic to
federal management policies,
he said. More recent 9th Cir-
cuit appointees, though, are
less biased in favor of envi-
ronmental plaintiffs.
A key 2008 opinion by
a broad “en banc” panel of
9th Circuit judges, known as
Lands Council v. McNair, has
also helped level the playing
ield.
Horngren
represented
logging companies and lo-
cal governments in that case,
which pitted environmental-
ists against a 3,800-acre se-
lective logging project in the
Idaho Panhandle National
Forests.
In its ruling resolving the
dispute, the 9th Circuit over-
turned one of its previous de-
cisions for misconstruing fed-
eral forest management law.
The 9th Circuit held that
it’s “not a proper role for a
federal appellate court” to
“act as a panel of scientists”
that scrutinizes federal deci-
sions and orders agencies to
“explain every possible scien-
tiic uncertainty.”
“Since McNair, the pen-
dulum has swung back more
toward the middle,” he said.
Though much of his work
life has been spent in the
courtroom, it was a love of the
outdoors that started Horn-
gren on his career path.
Lobbyist to lawyer
Bicycle trips through the
woods convinced him to pur-
sue a career in forestry, he
said. “I igured I’d be a for-
ester and sit in a lookout tow-
er all day and life would be
good.”
After graduating from Or-
egon State University, how-
ever, the timber economy was
depressed while the contro-
versies over forest manage-
ment were heating up.
In this climate, Horngren
became a lobbyist for timber
industry groups. However, he
soon realized lawsuits were
inluencing forest managers
more than reasoned argu-
ments and he began studying
for his law degree.
“I saw that the future of
public lands management is
all this litigation,” he said.
Mid-Valley Winter Ag Fest debuts Feb. 27-28 in Rickreall, Ore.
By GEOFF PARKS
Information
For the Capital Press
RICKREALL, Ore. — The
irst Mid-Valley Winter Ag
Fest is the product of a labor
of love for its organizers, who
see agriculture as an integral
part of the Willamette Valley’s
past — and its future.
Deb Thomas has coordi-
nated the Polk County Home
and Garden Show — held
each year at the end of Febru-
ary — since 2000. Last year,
she started thinking about a
larger event that would build
on “this exciting time in agri-
culture with the resurgence of
the family farm and Saturday
markets.”
“The interest in the pro-
posal for a February Ag Fest
has been overwhelmingly
positive,” Thomas said. The
event will be held in the Main
Building of the Polk County
Fairgrounds, with agricultural
seminars taking place at the
adjacent Polk County Muse-
um.
Calendar
To submit an event go to the
Community Events calendar on
the home page of our website at
www.capitalpress.com and click
on “Submit an Event.” Calendar
items can also be mailed to Capital
Press, 1400 Broadway St. NE, Sa-
lem, OR 97301.
Saturday, Feb. 20
Western Regional AgVocacy
Conference, Silver Legacy Resort
Casino, Reno, Nev. agchat.org/
Wednesday, Feb. 24
Southern Idaho Direct Seed
Workshop, Shiloh Inn Conference
Center, Idaho Falls, (208) 334-
2353. www.idahowheat.org/
Saturday, Feb. 27
Mid-Valley Winter Ag Fest, Polk
County Fairgrounds, Rickreall,
Ore., 503-428-8224. Events will
promote local ag commerce and
education and provide an environ-
ment that is fun and informative for
the entire family. mvwagfest.com/
What: Mid-Valley Winter Ag
Fest
Where: Polk County Fair-
grounds, Rickreall, Ore.
When: 9 a.m. to 4 p.m. Satur-
day, Feb. 27, and 10 a.m. to 4
p.m. Sunday, Feb. 28.
Admission: $5 for adults and
free for those under the age
of 18.
Parking: Free at the fair-
grounds.
Website: www.mvwagfest.com
Geoff Parks/For the Capital Press
Deb Thomas, Mid-Valley Winter
Ag Fest event coordinator,
works on promotional materials
at the Polk County Fairgrounds
Main Building in Rickreall, Ore.
The irst Mid-Valley Winter Ag
Fest will be Feb. 27-28.
Email: mvwagfest@gmail.com
Some of the events fea-
tured over the two days:
• The 9th annual Home and
Garden Show will be held concur-
rently in another area of the Main
Building and feature a Farmers’
Bounty Market.
“The local 4-H Horse Club
will bring horses and show
tack and do riding demonstra-
tions,” Thomas said.
Proceeds will beneit local
4-H and FFA chapters.
• The 4-H will host a petting zoo
from noon to 4 p.m. each day in the
fairgrounds’ swine barn, along with
a Favorite Foods contest.
Sunday, Feb. 28
istration is required by Feb. 18.
www.rogueriverwc.org/
Mid-Valley Winter Ag Fest,
Polk County Fairgrounds, Rick-
reall, Ore., 503-428-8224. Events
will promote local ag commerce
and education and provide an en-
vironment that is fun and informa-
tive for the entire family. mvwag-
fest.com/
Tuesday, March 1
Fruit Ripening & Ethylene
Management Workshop, Post-
harvest
Technology
Center,
University of California-Davis.
http://postharvest.ucdavis.edu/
Wednesday, March 2
Fruit Ripening & Ethylene Man-
agement Workshop, Postharvest
Technology Center, University of
California-Davis. http://postharvest.
ucdavis.edu/
Friday, March 4
Ag Chemical Collection Event,
Redwood Transfer Station, Grants
Pass, Ore., 541-690-9983. Pre-reg-
• Artisan vendors will be in the
Main Building.
Saturday, March 5
Ag Chemical Collection Event,
Rogue Disposal Transfer Station,
White City, Ore., 541-690-9983.
Pre-registration is required by Feb.
18. www.rogueriverwc.org/
• Antique Powerland volunteers
will display old-time tractors and im-
plements.
• An agricultural drone will be on
display.
• An authentic covered wagon
will be displayed by the Yamhill His-
torical Society.
• Representatives from the
Chemeketa Community College
Viticulture Center will talk about
winemaking.
• Representatives from Two
Towns hard cider and Rogue Brew-
ery will be on hand.
Main Building Seminars
11 a.m.: Gretchen Anderson,
“Secrets of the Lazy Urban Chicken
Keeper.”
A full slate of seminars
also will be offered at the two-
day Ag Fest:
2 p.m.: Domenica Protheroe of
MI Chicken Revolution, “Tips for the
Winter Chicken Coop.”
10:30 a.m.: John Burt, Farm-
ers Ending Hunger, “Farm to Food
Bank to Solve Things.”
11 a.m. Local authors forum.
Saturday, Feb. 27
Museum seminars
11 a.m.: Sherri Noxel, Oregon
State University’s Austin Family
Business Program, “Planning for
a Productive Family Farm Trans-
fer.”
feature fancy dancing horses, strut-
ting stallions, clinics by world-class
horse trainers and riders, breed and
stallion review demos, equine en-
tertainment and a trade show. http://
equinepromotions.net/
Saturday, March 19
Friday, March 18
Northwest Horse Fair & Expo
2016, Linn County Fair and Expo
Center, Albany, Ore. The largest
equine expo in the Northwest will
feature fancy dancing horses, strut-
ting stallions, clinics by world-class
horse trainers and riders, breed and
stallion review demos, equine en-
tertainment and a trade show. http://
equinepromotions.net/
Northwest Horse Fair & Expo
2016, Linn County Fair and Expo
Center, Albany, Ore. The largest
equine expo in the Northwest will
3 p.m.: Amy Garrett, OSU Ex-
tension Small Farms Program,
“Farming without Irrigation.”
1 p.m. Dr. Ryan Scholz, district
veterinarian for Western Oregon,
“Avian Inluenza.”
Saturday, March 12
2016 Oregon FFA State Con-
vention, Oregon State University,
Corvallis. http://www.oregonffa.com
2 p.m.: Tiah Edmundson-Mor-
ton, OSU Hops and Beer History
Archive, and Makaela Kroin, Uni-
versity of Oregon Folk Life Net-
work, “History and Hop Lore in the
Mid-Willamette Valley.”
• Eola Hills Winery will host an
ag-themed brunch on Feb. 28.
2016 Oregon FFA State Con-
vention, Oregon State University,
Corvallis. http://www.oregonffa.com
Spring into Gardening, McMin-
nville Community Center, McMin-
nville, Ore., 503-434-7517. This
year’s theme will be Home Land-
scaping: Small Changes, Big Impact.
Presented by Oregon State Universi-
ty Extension and the Yamhill County
Master Gardeners Association.
Noon: Stephanie Wood, “Native
American Natural Harvesting.”
Sunday, March 20
2016 Oregon FFA State Con-
vention, Oregon State University,
Corvallis. http://www.oregonffa.com
Northwest Horse Fair & Expo
2016, Linn County Fair and Expo
Sunday, Feb. 28
Museum Seminars
2 p.m.: Robert Faust of Bio-Ag,
“Restoring Soil Health.”
Main Building Seminars
1 p.m. Gretchen Anderson,
“Other Tips on Raising a Flock from
Chick to Hen.”
Center, Albany, Ore. The largest
equine expo in the Northwest will
feature fancy dancing horses, strut-
ting stallions, clinics by world-class
horse trainers and riders, breed and
stallion review demos, equine en-
tertainment and a trade show. http://
equinepromotions.net/
Monday, March 21
2016 Oregon FFA State Con-
vention, Oregon State University,
Corvallis. http://www.oregonffa.com
California Fresh Fruit Associa-
tion Annual Meeting, Resort at Peli-
can Hill, Newport Coast. http://www.
cafreshfruit.org
Tuesday, March 22
California Fresh Fruit Associa-
tion Annual Meeting, Resort at Peli-
can Hill, Newport Coast. http://www.
cafreshfruit.org
Wednesday, April 6
Idaho FFA State Leadership
Conference, College of Southern
Idaho, Twin Falls. idahoffa.org/
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