14 CapitalPress.com
October 6, 2017
Oregon
Judge refuses to dismiss oysterman’s
suit against state over dairy pollution
By MATEUSZ PERKOWSKI
Capital Press
TILLAMOOK, Ore. —
An Oregon judge has refused
to dismiss a lawsuit that al-
leges state environmental
regulators allow pollution
from dairies to harm oyster
harvests in Tillamook Bay.
Attorneys for the Oregon
Department of Environmen-
tal Quality argued the agency
cannot be held liable for the
adverse effects suffered by
Jesse Hayes, president of the
Hayes Oyster Co.
According to Hayes’ law-
suit, the DEQ incorrectly
assumes that local dairies
aren’t discharging fecal coli-
form bacteria into rivers that
flow into Tillamook Bay.
Nonetheless, bacteria lev-
els in the bay are so high that
Hayes is entirely prohibited
from harvesting oysters from
250 acres of his plats and
faces frequent shutdowns on
350 acres, according to his
complaint.
Hayes argues that insuf-
ficient regulation by DEQ
constitutes a public nuisance
and an unjust taking of his
property due to lost profits
and reduced plat values.
The complaint seeks
$100,000 in damages and
an order requiring DEQ to
strengthen its pollution regu-
lations in the area.
Without deciding the
merits of the case, Tilla-
mook County Circuit Judge
Mari Garric Trevino denied
DEQ’s motion to throw out
the lawsuit and ordered the
agency to answer Hayes’ al-
legations.
The ruling means that
Hayes has cleared an import-
ant first hurdle and may pro-
ceed with the litigation.
“We get to prove what’s in
our complaint,” said Thomas
Benke, his attorney.
During oral arguments on
Sept. 29, DEQ claimed that
Hayes incorrectly targeted
the agency rather than the
dairy farmers who are al-
leged to be the underlying
source of the problem.
Hayes makes the “erro-
neous assumption” that Or-
egon unjustly deprived him
of property by failing to reg-
ulate his neighbors strictly
enough, but inadequate reg-
ulation isn’t recognized as a
government “taking” under
legal precedents, according
to DEQ.
“The government is not
responsible for inaction,”
said Christina Beatty-Wal-
ters, DEQ’s attorney. “That’s
not a situation the govern-
ment is responsible for.”
According to Hayes, the
complaint against DEQ is
valid because it’s challeng-
ing the adverse impacts that
insufficient TMDL rules
have imposed on his oyster
operation, rather than attack-
ing the validity of the regula-
tions themselves.
“The agency made the
decision to take away the use
of 250 acres of tideland from
the Hayes Oyster Company
perpetually,” said Benke.
Hayes argues that DEQ
has unlawfully sanctioned
pollution, which is a form of
government taking.
The agency could restrict
pollution from dairies with
confined animal feeding op-
erations or from municipal
wastewater, but it’s the act of
allowing excessive pollution
that Hayes is challenging in
court, Benke said.
The Oregon Dairy Farm-
ers Association is watching
the case closely because it
involves Total Maximum
Daily Load regulations af-
fecting farmers, said Tami
Kerr, the executive director.
The lawsuit also implies
that dairies are polluters, she
said. “I’m frankly tired of
that.”
Oregon is a national lead-
er in manure management,
with dairy farmers being
regularly inspected by the
Oregon Department of Agri-
culture, Kerr said.
Faulty septic tanks, mu-
nicipal wastewater and
wildlife feces all contribute
to fecal coliform bacteria in
water, which has been con-
firmed by DEQ, she said.
College bets the FARM
on agricultural education
By GEORGE PLAVEN
EO Media Group
PENDLETON, Ore. —
Inside the livestock lab at
Blue Mountain Community
College’s new Facility for
Agricultural Resource Man-
agement, or FARM, instructor
Nick Nelson beamed as he
showcased the high-tech Si-
lencer hydraulic cattle chute.
Not only is the latest piece
of equipment better for animal
welfare and handling, but it is
more likely what students can
expect to find working on a
large ranch operation, Nelson
said during the FARM grand
opening ceremony Sept. 29.
“It means easier employ-
ment when they know how to
operate these things safely,”
Nelson explained.
FARM is the third and fi-
nal construction project to
be completed after voters in
Umatilla and Morrow coun-
ties passed a $23 million
capital bond for BMCC in
2015. Earlier this year, the
college also debuted its new
Workforce Training Center in
Boardman and Precision Ir-
rigated Agriculture Center in
Hermiston.
The FARM building in
Pendleton combines class-
room and lab space for the
agriculture department, re-
placing an older, smaller shop
building. It is surrounded by a
100-acre working farm where
BMCC students learn hands-
on how to manage cattle and
grow prominent local crops
— such as alfalfa to feed
those hungry cows.
“We essentially buy very
little feed for the livestock
here,” Nelson said.
Though classes officially
began Monday, guests gath-
ered Thursday afternoon for
a ribbon cutting and dedica-
tion by school leaders. BMCC
President Cam Preus said it
E.J. Harris/EO Media Group
Guests mingle in a shop area of the Facility for Agricultural Re-
source Management building during an open house on the Blue
Mountain Community College campus in Pendleton.
was a long road building the
facility, and thanked voters
for their support on the bond.
“This is a wonderful way
to celebrate BMCC’s nation-
ally recognized agriculture
program,” Preus said.
Chris Brown, chairman of
the BMCC Board of Educa-
tion, said the school has ful-
filled its promise to voters.
“This is certainly a special
day,” Brown said. “Today, we
really unveil a facility that
matches the caliber of our
program.”
Preston Winn, chairman of
the BMCC agriculture depart-
ment, talked about how the
building will help instructors
better educate the next gener-
ation of farmers, ranchers and
agriculture professionals.
“I’m overwhelmed be-
cause of thanksgiving,” Winn
said. “Community college
means just that: community.”
FARM cost $6.3 million
to build, including $2.1 mil-
lion of state match and lottery
funds.
While FARM is less than
a week old, BMCC is already
thinking expansion. The
school has partnered with the
Pendleton Round-Up Associ-
ation and city of Pendleton on
FARM Phase II, which would
expand animal science and
veterinary classes and provide
a new arena for the BMCC
rodeo team. Together, they are
working to raise money for
the $10 million proposal.
In addition, BMCC timed
the grand opening of FARM
to coincide with the opening
reception for the annual “Art
About Agriculture” exhibit,
organized by the Oregon State
University College of Agri-
cultural Sciences and hosted
this year by the Betty Feves
Memorial Gallery.
Nine Northwest artists are
featured in the exhibit, with
pieces inspired by this year’s
theme, “Places to Thrive.”
Lori Sams, gallery director,
said the timing between the
two events was intentional.
“I definitely wanted the
gallery to have a show related
to agriculture,” Sams said. “I
think it is interesting to draw
that connection between art
and agriculture.”
The exhibit runs through
Oct. 26. The gallery is open
Monday through Thursday
from 9:30 a.m. to 1:30 p.m.,
or by appointment.
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