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4 CapitalPress.com June 30, 2017 Ranch claims grazing prohibition encourages juniper, wildfi re Oregon’s Cahill Ranches challenging BLM decision in federal court By MATEUSZ PERKOWSKI Capital Press An Oregon ranch is chal- lenging the federal govern- ment’s decision to eliminate grazing on more than 8,000 acres of public land to study vegetation. Cahill Ranches of Adel, Ore., has fi led a complaint alleging the U.S. Bureau of Land Management’s deci- sion will encourage juniper encroachment and wildfi res while harming sage grouse populations. “Eliminating grazing is not necessary to prevent irrepara- ble damage to sage grouse or sage grouse habitat and the best available science shows that eliminating management will increase the risk of loss of habitat from rapidly spreading and intense wildfi re and juni- per expansion,” the lawsuit said. A representative of BLM said the agency doesn’t com- ment on pending litigation. Rangeland conditions within the 8,282-acre Sucker Creek pasture have been de- termined to be in good health by the BLM, whose decision to re-authorize grazing in the area for 10 years drew no ob- jections from environmental groups, the complaint said. The agency has also al- Area in detail ready conducted a juniper re- search project in the area, the complaint said. Cahill Ranches postponed juniper removal on its prop- erty between 2007 and 2014, providing the BLM with a “control area” for comparison with areas where the invasive trees were removed. After the conclusion of the study, which determined sage grouse reproduction and sur- vival improved in areas treat- ed for juniper, Cahill Ranches resumed removing the trees from its property. The BLM’s decision to halt grazing in the pasture to study the natural development LAKE 31 HARNEY 395 Rahilly- Gravelly Allotment HART MOUNTAIN NATIONAL ANTELOPE REFUGE Valley 140 Ore. Nev. Goose Lake 140 N 395 10 miles Capital Press graphic of vegetation is thus unnec- essary, particularly since it is near two federal refug- Harsh 2017 winter will result in reduced Idaho wine grape crop By SEAN ELLIS Capital Press es where grazing is already prohibited, according to the plaintiffs. Meanwhile, prohibiting grazing within the Sucker Creek Pasture will “signifi - cantly reduce or eliminate” Cahill Ranches’ cattle op- erations on the larger Ra- hilly-Gravelly Allotment, the complaint said. The pasture makes up 44 percent of the 18,678-acre al- lotment, so disallowing graz- ing there would disrupt the ranch’s ability to rotate cattle, which is necessary for vege- tation to recover in some ar- eas while it’s consumed else- where, the plaintiffs claim. “The decision to elimi- nate grazing from the Sucker Creek pasture fails to consider Battle against chlorpyrifos continues despite decision Reversing course, EPA has decided not to ban most of the insecticide’s uses By MATEUSZ PERKOWSKI CALDWELL, Idaho — A bitter January cold snap dam- aged a lot of wine grape vines in the heart of Idaho wine country and this year’s harvest is expected to be down signifi - cantly as a result. “This harsh winter really reduced our production,” said wine grape grower Michael Williamson. Temperatures reached 18-below zero in his Caldwell vineyard for a few nights in early January. “It was only for a couple of nights but it was enough to just wipe it out,” he said. Like other vineyard own- ers, Williamson made the de- cision to cut most of his vines to the ground and retrain them, which means they won’t pro- duce any grapes this year. “The damage is probably the worst I’ve seen in my 35 years,” said wine maker and vineyard owner Ron Bitner. Wine grapes in North, Eastern and southcentral Ida- ho are OK, said Idaho Wine Commission Executive Direc- tor Moya Shatz-Dolsby. But the damage was cen- tered around the Caldwell area in southwestern Idaho, where the majority of Idaho’s vineyards and wineries are lo- cated, and that will have a ma- jor impact on the state’s total wine grape tonnage this year, Shatz-Dolsby and vineyard owners told Capital Press. “Some areas got hit really LEGAL PURSUANT TO ORS CHAPTER 819 Notice is hereby given that the following vehicle will be sold, for cash to the highest bidder, on 7/6/2017. The sale will be held at 10:00am by B.C. TOWING 1834 BEACH AVE. NE, SALEM, OR 2010 MAZDA SPEED 3, 4DR VIN = JM1BL1H30A1313436 Amount due on lien $4,105.00 Reputed owner(s) CHRISTIAN E. & KATHRYN A. SWANK NAVY FEDERAL CREDIT UNION Legal-25-2-2/#4 Capital Press Sean Ellis/Capital Press A vineyard near Caldwell, Idaho, is shown in this June 27 photo. A bitter January cold snap heavily damaged much of Idaho’s wine grape crop and total tonnage is expected to be down signifi cantly this year as a result. bad,” Shatz-Dolsby said. Dale Jeffers, manager of Skyline Vineyards, the state’s largest, said his operation har- vests about 480 acres of wine grapes in a typical year. But low temperatures that reached at least minus-20 degrees for three straight nights took a major toll on this year’s crop, he said. The low temperature at a nearby weather station reached minus-26.9 degrees on Jan. 7, Jeffers said. “We’ll probably harvest 50-55 acres this year and it will be a reduced crop on the acres we do harvest,” he said. “It’s pretty devastating.” A lot of growers report- ed having to cut their vines to the roots and they said the only reason the roots weren’t damaged as well is because of the record or near-record snow cover that blanketed most of the region this winter. “A lot of guys had to cut ev- erything off” to the roots, said vineyard owner and Universi- ty of Idaho research assistant Tom Elias. “The incredible snow cover acted as an insu- lator so the roots didn’t get re- ally damaged. But everything above that snow cover just got toasted.” The bright spot is that the 2016 wine grape harvest in Idaho was a bumper crop, Shatz-Dolsby said. According to an IWC news release on Idaho’s 2016 wine grape harvest, Skyline Vine- yards doubled production last year and most other vineyards reported about a 50 percent increase from previous years. “The 2016 harvest was huge and what’s in the tank is hopefully going to be able to carry a lot of people through,” she said the overall impact on the eco- nomic viability of the Cahill Ranches, and consequently, whether Cahill Ranches can afford to continue sage grouse habitat improvement proj- ects,” the complaint said. The lawsuit calls the deci- sion to halt grazing in the pas- ture an “artifact of a top-down decision process that fails to account for the local condi- tions on the ground” in viola- tion of federal administrative, land management and grazing statutes. Attorneys with the West- ern Resources Legal Center, a nonprofi t representing Ca- hill Ranches, are asking U.S. Magistrate Judge Mark Clarke in Medford, Ore., to overturn the decision as unlawful. Environmental groups are continuing their battle against chlorpyrifos on several fronts after the Trump administra- tion refused to end the insec- ticide’s use on food crops. Until recently, victory ap- peared to be within reach for several environmental groups that fear the chemical poses an excessive health risk. The organizations orig- inally petitioned the U.S. Environmental Protection Agency in 2007 to revoke all “tolerances” of chlorpyrifos on food crops. The government’s delays in reacting to the petition eventually ended up before the 9th U.S. Circuit Court of Appeals, which ordered EPA to make a decision on the re- quest. Under the Obama admin- istration, the EPA proposed revoking all food tolerances for the chemical in 2015. The 9th Circuit gave the agency until the end of March 2017 to make that action fi nal. By the time that deadline arrived, though, Trump-ap- pointed administrator Scott Pruitt denied the environ- mental groups’ petition de- spite the agency’s earlier proposal. At the time, Pruitt said the decision would provide “reg- ulatory certainty” to farmers who rely on chlorpyrifos to control insects on numerous crops. “By reversing the previous administration’s steps to ban one of the most widely used pesticides in the world, we are returning to using sound science in decision-making — rather than predetermined results,” Pruitt said. The American Farm Bu- reau Federation and sever- al other agricultural groups praised the decision, saying they had reservations about the epidemiological studies upon which EPA had previ- ously based its proposed re- vocation. Several environmental groups are now objecting to the EPA’s denial of their pe- tition through the adminis- trative process and in the 9th Circuit. The organizations are fi ghting Pruitt’s decision on several fronts to minimize further delays, said Patti Goldman, managing attorney for Earthjustice, the environ- mental law fi rm representing them. The EPA has said the 9th Circuit can compel the agen- cy to grant or reject a petition, but the appellate court cannot force the agency to make a decision on re-registering the pesticide earlier than the 2022 deadline set by Con- gress. Goldman claims the EPA is likely postponing the de- cision because it can’t legal- ly prove that chlorpyrifos is safe. Washington Dairy owner fi ned for manure discharge By DAN WHEAT Capital Press SUNNYSIDE, Wash. — The state Department of Agriculture has fi ned a Sunnyside dairy owner $4,000 for vio- lating water pollution laws by failure to contain manure effl uent. The same dairyman, Jake Slegers, owner of JLS Dairy, received notices of correction for similar violations from the department in 2013 and 2014. None of the violations have been intentional but resulted from facilities he’s been upgrading, Slegers told Capital Press. “I bought this place six years ago. I’ve been upgrading it according to what the state requires,” Slegers said, adding he will ask for the civil penalty to be reduced. In its June 15 notice of penalty, WSDA said equipment failure resulted in a discharge of manure toward Roza Irrigation Canal in 2013 and that an ef- fl uent lagoon was leaking in 2014. Slegers said the lagoon leaked when a neighbor, doing construction work, removed trees thats roots reached into the lagoon. He said he then had the la- goon lined. In March 2017, WSDA received a complaint that liquid and solid ma- nure from JLS Dairy was running off the dairy property and into a ditch and onto a neighbor’s property, the notice of penalty states. LEGAL LEGAL LEGAL Public Notice Announcing Scoping Meeting Swalley Irrigation District System Improvements The United States Department of Agriculture Natural Resources Conservation Service (USDA-NRCS), with assistance of The Farmers Conservation Alliance and in cooperation with the Swalley Irrigation District and Deschutes Basin Board of Control as the project sponsor, is considering improvements to aging irrigation infrastructure in the Swalley Irrigation District. Improvements under consideration may be partially funded through the Watershed Protection and Flood Prevention Act of 1954 (PL83-566) and will address water conservation, enhancement of aquatic species habitat, and public safety risks while supporting existing agricultural land use. Public Notice Announcing Scoping Meeting Tumalo Irrigation District System Improvements The United States Department of Agriculture Natural Resources Conservation Service (USDA-NRCS), with assistance of The Farmers Conservation Alliance and in cooperation with the Tumalo Irrigation District and Deschutes Basin Board of Control as the project sponsor, is considering improvements to aging irrigation infrastructure in the Tumalo Irrigation District. Improvements under consideration may be partially funded through the Watershed Protection and Flood Prevention Act of 1954 (PL83-566) and will address water conservation, enhancement of aquatic species habitat and public safety risks while supporting existing agricultural land use. Public Notice Announcing Scoping Meeting Central Oregon Irrigation District System Improvements The United States Department of Agriculture Natural Resources Conservation Service (USDA-NRCS), with assistance of The Farmers Conservation Alliance and in cooperation with the Central Oregon Irrigation District and Deschutes Basin Board of Control as the project sponsor, is considering improvements to aging irrigation infrastructure in the Central Oregon Irrigation District. Improvements under consideration may be partially funded through the Watershed Protection and Flood Prevention Act of 1954 (PL83- 566) and will address water conservation, enhancement of aquatic species habitat and public safety risks while supporting existing agricultural land use. The proposed projects are located in the north-central portion of Deschutes County. The National Environmental Policy Act (NEPA) and the Council on Environmental Quality’s regulations at 40 CFR Parts 1500-1508 require an evaluation of potential environmental impacts associated with federal projects and actions with input from the public. You are invited to attend a public scoping open house where your input is requested. The range of resource issues and conceptual alternatives addressing system improvements to the Swalley Irrigation District will be presented and discussed. Public Scoping Open House: Date: July 6, 2017 - Thursday Time: 6:30PM to 7:30PM Location: Tumalo Community Church, (64671 Bruce Avenue, Bend OR 97703) Comments may be submitted during the public scoping period starting July 7, 2017 and ending on July 20, 2017. Additional information is available at www.oregonwatershedplans.org or the NRCS link for Public Notices: https://www.nrcs.usda.gov/wps/portal/ nrcs/main/or/newsroom/pnotice/ Comments may be emailed to swalleycomments@gmail.com For further information contact: Margi Hoffmann Community Relations Director Farmers Conservation Alliance 11 3rd Street, Suite 101 Hood River, OR 97031 (503) 550-3556 margi.hoffmann@fcasolutions.org The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours before the meeting to Margi Hoffman (503) 550 -3556 26-3/#4 The proposed projects are located in the north-central portion of Deschutes County. The National Environmental Policy Act (NEPA) and the Council on Environmental Quality’s regulations at 40 CFR Parts 1500-1508 require an evaluation of potential environmental impacts associated with federal projects and actions with input from the public. You are invited to attend a public scoping open house where your input is requested. The range of resource issues andc onceptual alternatives addressing system improvements to the Tumalo Irrigation District will be presented and discussed. Public Scoping Open House: Date: July 6, 2017 - Thursday Time: 5:30PM to 6:30PM Location: Tumalo Community Church, (64671 Bruce Avenue, Bend OR 97703) Comments may be submitted during the public scoping period starting July 7, 2017 and ending on July 20, 2017. Additional information is available at www.oregonwatershedplans.org or the NRCS link for Public Notices: https://www.nrcs.usda.gov/wps/portal/ nrcs/main/or/newsroom/pnotice/ Comments may be emailed to wsp@tumalo.org For further information contact: Margi Hoffmann Community Relations Director Farmers Conservation Alliance 11 3rd Street, Suite 101 Hood River, OR 97031 (503) 550-3556 margi.hoffmann@fcasolutions.org The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours before the meeting to Margi Hoffman (503) 550 -3556 26-3/#4 The work being considered is located in the north-central portion of Deschutes County. The National Environmental Policy Act (NEPA) and the Council on Environmental Quality’s regulations at 40 CFR Parts 1500-1508 require an evaluation of potential environmental impacts associated with federal projects and actions with input from the public. You are invited to attend a public scoping open house where your input is requested. The range of resource issues and conceptual alternatives addressing potential system improvements to the Central Oregon Irrigation District will be presented and discussed. Public Scoping Open House: Date: July 10, 2017 - Monday Time: 5:30PM to 7:00PM Location: Redmond Grange (3152 SW Metolius Place, Redmond, OR 97756) Comments may be submitted during the public scoping period starting July 11, 2017 and ending on July 24, 2017. Additional information is available at www.oregonwatershedplans.org or the NRCS link for Public Notices: https://www.nrcs.usda.gov/wps/ portal/nrcs/main/or/newsroom/pnotice/ Comments may be emailed to watershed@coid.org For further information contact: Margi Hoffmann Community Relations Director Farmers Conservation Alliance 11 3rd Street, Suite 101 Hood River, OR 97031 (503) 550-3556 margi.hoffmann@fcasolutions.org The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours before the meeting to Margi Hoffman (503) 550 -3556. 26-3/#4