OREGON: APRIL HEAT DID A NUMBER ON SNOWPACK Page 4  FRIDAY, APRIL 29, 2016 “At what point did (the EPA) become aware of the misuse of the EPA funds for the What’s Upstream campaign and what role did EPA have in reviewing that bill- board and website?” — Sen. Deb Fischer, R-Neb. VOLUME 89, NUMBER 18 The Environmental Protection Agency was “distressed by the use of the money and the tone of that cam- paign.” — Environmental Protec- tion Agency Administrator Gina McCarthy “I have never seen any- thing this bad. This is really amazing. To fund a program that tries to infl uence the state Legislature, that I fi nd totally shocking.” WWW.CAPITALPRESS.COM “The truth hurts some- times.” — Puget Soundkeeper Executive Director Chris Wilke $2.00 “This is just a new low. It’s shocking to me our tax dollars went for that.” “I can’t believe two bill- boards got that much attention. We didn’t see that coming at all.” — Washington state agriculture lawyer Toni Meacham — Swinomish tribal Chairman Brian Cladoosby — Karen Budd-Falen, a Wyo- ming property-rights lawyer WHAT’S UP WITH ‘WHAT’S UPSTREAM?’ EPA’s involvement in anti-farm campaign ran deep, documents show By DON JENKINS Capital Press A little more than a month ago, What’s Upstream was an obscure political advocacy campaign backed by Environmental Pro- tection Agency money, a Washington state Indian tribe and a handful of environmental groups. Today, the campaign has been condemned by one-third of the U.S. House as an attack on agriculture, and the inspector general of the EPA has promised to investigate whether it is a misuse of taxpayer money. If it is, the Northwest Indian Fisheries Commission may have to repay the money and could be cut off from receiving future grants. The commis- sion funneled the EPA money to the Swinomish tribe to fund an advertising and letter-writing campaign aimed at the Washington Legislature seeking mandatory 100-foot buffer zones between farms and rivers. The website features a photograph — not taken in Washington — of cat- tle standing in a river and salmon that apparently had died after spawning, a natural occurrence. The implication was that farming in Washington state is not adequately regulated. Turn to EPA, Page 12 This photograph from a stock agency appears on the What’s Upstream website. It shows dairy cattle standing in a stream. The photo was not taken in Washington state. What’s Upstream.com Grazing limits sought for unoccupied bull trout habitat Environmentalists ask judge to invalidate grazing plans By MATEUSZ PERKOWSKI Capital Press MEDFORD, Ore. — En- vironmentalists want to limit cattle grazing along Oregon’s Sprague and Sycan rivers to protect bull trout habitat that the threatened species doesn’t actually occupy. Despite the fi sh’s absence, environmentalists have asked a federal judge to invalidate grazing plans for 10 federal land allotments because live- stock unlawfully degrade its “critical habitat.” “What we have here is un- occupied habitat and the rea- son it’s unoccupied is because it’s not suitable for bull trout,” said Lauren Rule, attorney for the environmental groups during oral arguments April 26 in Medford, Ore. Oregon Wild, Friends of Living Oregon Waters and the Western Watersheds Proj- ect claim in a lawsuit that the U.S. Forest Service and U.S. Fish and Wildlife Service vio- lated the Endangered Species Act by wrongly concluding that grazing won’t adversely affect the bull trout’s habitat. That conclusion was “ir- rational” and ignored water quality problems caused by cattle, such as higher water temperatures from denud- ed vegetation and trampled streams, the plaintiffs claim. Any activity that occurs within the bill trout’s “critical habitat” — as designated by federal regulators — cannot slow the species’ recovery, Rule said. “It needs to expand to areas it’s not currently oc- cupying.” The plaintiffs argue that mitigation measures intended to reduce impacts from cattle are insuffi ciently enforced, so the federal agencies should Area in detail 20 La Pine 58 Ongoing lawsuit over grazing rights on public land 138 NATIONAL 31 140 97 N 25 miles Ore. Calif. 139 395 Capital Press graphic not have taken them into ac- count in deciding that grazing won’t hurt the species. “They’re not certain to oc- cur at any regular frequency,” Rule said. The federal government is also accused of violating the Clean Water Act by failing to ensure that streams in the allotments met water quali- ty standards for temperature. Environmentalists argue that cattle widen stream channels, raising temperatures to the detriment of fi sh. Grazing was permitted despite numerous stream temperature “exceedances” across the landscape, said Elizabeth Zultoski, attorney for the plaintiffs. “This is simply not an iso- lated problem,” Zultoski said, adding that federal regulators largely ignored the problem when re-authorizing grazing. “This court cannot defer to a void.” Several ranching families that rely on grazing allotments in Oregon’s Fremont-Winema National Forest have inter- vened in the case as defen- dants and joined the federal government in asking the judge to reject the environ- mentalist arguments. “This is their livelihood,” said Scott Horngren, attorney for the ranchers. “They’re not out there year after year to get Turn to GRAZING, Page 11 H-2A delays cause worker shortages in 20 states By DAN WHEAT Capital Press Federal agency delays in processing visas for foreign guestworkers who tend and harvest America’s food crops are fast approaching crisis proportions, all but guaran- teeing crops will rot in fi elds this year, the American Farm Bureau Federation says. INSIDE Study: Fewer farmworkers migrate, aggravating PAGE 3 labor shortage Delays are causing work- er shortages in more than 20 states, Zippy Duvall, AFBF president, said in an April 21 press release. “Many farmer members have called us and state Farm Bureaus asking for help. They Turn to H-2A, Page 11 H-2A workers from Mexico pick late blossoms off Lady Alice apple trees to control fi re blight at Zirkle Fruit Co.’s CRO Orchard south of Rock Island, Wash., April 26. Dan Wheat Capital Press 18-7/#5