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CapitalPress.com
November 3, 2017
EPA seeks delay in reporting manure gases
Environmental
groups oppose
reprieve
By DON JENKINS
Capital Press
Unless a federal court grants
a reprieve, beginning Nov. 15
some livestock producers will
have to report that their cows,
poultry or pigs are continuously
releasing manure gases.
The rule, a product of a law-
suit against the Environmental
Protection Agency, will affect
producers whose animals give
off more than 100 pounds of
ammonia or hydrogen sulfide
in 24 hours.
Washington State Dairy
Federation policy director Jay
Gordon said producers should
get written confirmation from
the EPA that they met the re-
porting requirement. “Put it in
a lock box, give it to a lawyer,
frame it on the wall, so you can
say, ‘I reported it,’ ” he said.
“An environmental attorney
wants to come after you, and if
you don’t report, that’s a prob-
lem.”
The reporting will be re-
quired under two federal laws
intended to identify Super-
Don Jenkins/Capital Press
Cows at a Washington dairy. Some livestock producers will have to
begin reporting Nov. 15 that their animals are releasing hazardous
substances. The Environmental Protection Agency fought the rule,
but environmental groups won the court battle.
fund cleanup sites and to help
communities plan for chemi-
cal emergencies. The EPA has
been arguing since 2008 that
applying the laws to livestock
manure would be impractical
and useless.
The U.S. Circuit Court
for the District Columbia dis-
agreed. Last spring, it ruled in
favor of a coalition of environ-
mental groups led by the Water-
keeper Alliance, a New York-
based organization founded by
Robert F. Kennedy Jr.
The three-judge panel dis-
missed EPA’s claim that it was
unlikely federal or local au-
thorities would ever need to
respond to gases from de-
composing manure dispers-
ing into the air. The court de-
cided that pumping manure
from pits can release hazard-
ous gases and that local fire-
fighters need the information
on file to find sources of re-
ported smells, especially at
night in the dark.
The EPA filed a motion
Monday asking the court to de-
lay the reporting requirement
until mid-January. The agen-
cy says it would use the two
months to develop a reporting
form easier for farms to use.
There is no generally ac-
cepted way to estimate emis-
sion volumes, according to the
EPA. “Estimating emissions is
complex given the numerous
variables involved, and a more
user-friendly form for farms
should help promote report-
ing,” EPA’s motion states.
The agency also said it
would come up with a plan
for handling a large number of
calls to the National Response
Center, the first step in meet-
ing the reporting requirements.
The U.S. Coast Guard staffs
the center and takes emergency
calls reporting chemical releas-
es.
Waterkeeper Alliance op-
poses the two-month delay,
according to court records,
though it has yet to file a re-
sponse to EPA’s motion. Efforts
to obtain additional comment
from Waterkeeper were unsuc-
cessful.
The EPA last week issued
worksheets to help producers
calculate whether they have
enough animals to meet the
reporting threshold. Gordon
said that producers are com-
ing up with widely different
numbers, depending on which
worksheet they use.
California’s first confirmed depredation ignites wolf debate
By TIM HEARDEN
Capital Press
U.S. Forest Service/AP File
This June 29 remote camera image shows a female gray wolf and two of the three pups born this
year in Lassen National Forest in Northern California. GPS data show the Lassen wolfpack’s breeding
female — known as LAS01F — was at the site Oct. 13, when a 600-pound yearling heifer was killed,
according to the California Department of Fish and Wildlife.
frustration that state law allows
for few resources for ranchers
or even the DFW to prevent
wolf-livestock conflicts.
“The short answer is noth-
ing is going to happen” as a
result of the depredation, CCA
government affairs director
Kirk Wilbur told the Capi-
tal Press. “While states like
Washington and Oregon also
have laws protecting wolves
in those states, their wolf plans
are markedly different from
the California Endangered
Species Act and Wolf Conser-
vation Plan.”
LEGAL
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MARION
WILMINGTON SAVINGS
FUND SOCIETY, FSB, DOING
BUSINESS AS CHRISTIANA
TRUST, NOT IN ITS
INDIVIDUAL CAPACITY, BUT
SOLELY AS TRUSTEE FOR
BRONZE CREEK TITLE TRUST
2014-NPL1, A Delaware Trust,
Plaintiff,
vs.
BRIAN D. GIBSON, an
individual; TAMI K. GIBSON,
an individual; OREGON
DEPARTMENT OF REVENUE;
and ALL OTHER UNKNOWN
PARTIES CLAIMING ANY
RIGHT, TITLE, LIEN OR
INTEREST IN THE REAL
PROPERTY COMMONLY
KNOWN AS 7990 HERON
STREET, SALEM, OR 97305.
Defendants.
CASE NO.: 17CV29151
SUMMONS FOR
PUBLICATION
Legal-44-4-3/999
ing all his livestock to lower
ground earlier than usual as a
result of the killings.
“I feel sorry for the citizens
of Lassen County,” Roney told
the newspaper. “They’re going
(to) get what they want. Well,
guess what? They’re killing
my cows. They’ve been killing
them all summer. I now have
the first verified kill in Cali-
fornia. And I’ll tell you this,
it took a little bit to get it ver-
ified.”
At an average market price
of $120 per hundredweight,
a 600-pound heifer is worth
about $720.
State Fish and Wildlife
spokeswoman Jordan Tra-
verso responded that the state
“made every effort” to pro-
vide information to affected
landowners.
Ruling reverses solar
project on farmland
County incorrectly
approved
exception to land
use goal
By MATEUSZ PERKOWSKI
Capital Press
A solar power proj-
ect planned for 80 acres
of high-value farmland in
Oregon’s Jackson County
has been shut down by the
state’s Land Use Board of
Appeals.
Earlier this year, Jack-
son County’s board of com-
missioners approved the
project by excepting it from
Oregon’s land use goal
of preserving agricultural
land.
Solar facilities on prime
farmland must obtain such
an exception if they’re larg-
er than 12 acres.
The county’s decision
was challenged by the 1,000
Friends of Oregon conser-
vation group before LUBA,
which has now agreed the
project doesn’t qualify for
such an exception.
LUBA’s ruling “re-es-
tablishes that these projects
have to comply with state-
wide land use goals,” said
Meriel Darzen, attorney for
1,000 Friends of Oregon.
Darzen said 1,000
Friends of Oregon doesn’t
oppose solar energy but
would prefer that sites are
not developed on high-val-
ue farmland.
“I would still assume
there are a lot of options,”
such as industrial areas
within “urban growth
boundaries” or margin-
al lands, she said. “Just as
with any energy facility,
we think the siting consid-
erations are important and
should not be bypassed.”
Origis Energy, the proj-
ect’s developer, said it’s too
early to know if the ruling
will have broader implica-
tions for solar energy siting
in Oregon.
“The decision is certain-
ALL OTHER UNKNOWN
PARTIES CLAIMING ANY
RIGHT, TITLE, LIEN OR
INTEREST IN THE REAL
PROPERTY COMMONLY
KNOWN AS 7990 HERON
STREET, SALEM, OR 97305
ZIEVE BRODNAX & STEELE, LLP
By: /s/ Amy F. Harrington
AMY F. HARRINGON, OR Bar 123363
Attorneys for Plaintiff
WILMINGTON SAVINGS FUND
SOCIETY, FSB, DOING BUSINESS AS
CHRISTIANA TRUST, NOT IN ITS
INDIVIDUAL CAPACITY, BUT
SOLELY AS TRUSTEE FOR BRONZE
CREEK TITLE TRUST 2014-NPL1, A
DELAWARE TRUST
ly disappointing and our
team is currently discussing
and vetting all options at
our disposal. We will make
a decision on how to pro-
ceed shortly,” said Michael
Chestone, a consultant for
the company.
The project’s developer
claimed that Jackson Coun-
ty was obligated to promote
renewable energy under
another statewide land use
goal.
LUBA rejected this argu-
ment, finding that Oregon’s
goal of energy conserva-
tion is not a requirement to
build new renewable ener-
gy facilities.
Jackson County was
also incorrect to approve
the project due to its “com-
parative advantage” of be-
ing located in an area with
adequate sunlight and to-
pography near an electrical
substation, the ruling said.
“That the subject prop-
erty is flat, 80 acres in size
and exposed to the sun does
not render the property a
‘unique resource’” under
Oregon law use rules, ac-
cording to LUBA.
The project’s proxim-
ity to an electrical sub-
station within the City of
Medford’s “urban growth
boundary” also doesn’t jus-
tify the land use goal ex-
ception, the ruling said.
It’s typical for industrial
sites such as the substation
to be located on the out-
skirts of an urban growth
boundary near farmland,
LUBA said.
If proximity to these ar-
eas were a legitimate reason
for converting farmland,
such “exceptions would be-
come commonplace given
the strong economic incen-
tives” for new development
to occur near cities on in-
expensive land, the ruling
said.
Such an interpretation
“could easily subvert one
of the principal structures
of the statewide land use
program: the urban growth
boundary,” according to
LUBA.
110,000-plus acres of farmland will vanish, researchers say
By SEAN ELLIS
To:
THE STATE OF OREGON TO THE
DEFENDANT/RESPONDENT(S) ABOVE NAMED:
You are hereby directed and required to appear in, and defend
against, this legal action within 30 days after the first date of
publication of summons, which is the 3rd day of November, 2017,
and defend the above entitled action in the above entitled court,
and answer the complaint of the plaintiff WILMINGTON SAVINGS
FUND SOCIETY, FSB, DOING BUSINESS AS CHRISTIANA TRUST, NOT IN
ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR BRONZE
CREEK TITLE TRUST 2014-NPL1, A DELAWARE TRUST and serve a
copy of your answer upon the undersigned attorneys for plaintiff,
ZIEVE BRODNAX & STEELE, LLP, at their office below stated; and in
case of your failure so to do, judgment will be rendered against you
according to the demand of the complaint, which has been filed
with the clerk of said court. This is a Complaint for Judicial
Foreclosure of Deed of Trust.
You must “appear” in this case or the other side will win
automatically. To “appear” you must file with the court a legal
paper called a “motion” or “answer.” The “motion” or “answer”
must be given to the court clerk or administrator within 30 days
along with the required filing fee. It must be in proper form and
have proof of service on the plaintiff’s attorney or, if the plaintiff
does not have an attorney, proof of service on the plaintiff.
If you have any questions, you should see an attorney
immediately. If you need help in finding an attorney, you may
contact the Oregon State Bar’s Lawyer Referral Service online at
www.oregonstatebar.org or by calling (503) 684-3763 in the Portland
metropolitan area.
DATED: October 26, 2017
Wolves are listed as endan-
gered in California, meaning
the animal can’t be killed or
hunted even in cases of depre-
dation.
“The California Endan-
gered Species Act, when it
was created, really didn’t en-
vision something like an apex
predator requiring protection,”
Wilbur said. He added the law
“doesn’t provide any flexibili-
ty for the department” to man-
age wolves.
Wally Roney, whose land
in the Clover Valley in western
Shasta County was the site of
the depredation, could not im-
mediately be reached by the
Capital Press for comment. He
told the Lassen County Times
he believes he’s lost five cows,
mostly yearlings, to wolf dep-
redation and that he’s mov-
Capital Press
BOISE — An urban
growth model created by a
team of Boise State Univer-
sity researchers shows that
a staggering amount of agri-
cultural land in the Treasure
Valley will disappear in the
coming decades.
The model shows that be-
tween 110,000 and 240,000
acres of ag land in Ada and
Canyon counties, Idaho’s
two most populous coun-
ties, will be lost to urban en-
croachment by the year 2100.
There is currently 365,600
acres of ag land in those
counties.
Those projections came as
a jolt to Nampa farmer Janie
Burns, who is helping lead
an effort to raise the issue of
cropland loss in southwest-
ern Idaho.
“Wow, that is shocking,”
she said. “That’s a lot of acre-
age. The sheer amount of it is
LEGAL
OREGON TECHNICAL
ADVISORY COMMITTEE
MEETING (OTAC)
WHEN: November 9, 2017
@12:30pm-4:00pm
WHERE: Oregon Department
of Foresty
2600 State Street Bldg. C
Salem, OR 97310
Room: Tillamook Room
For more information, or to
arrange special accommoda-
tions for meeting attendees,
please contact Cory Owens
at
503-414-3261
or
cory.owens@or.usda.gov.
legal-43-2-3/102
Sean Ellis/Capital Press File
A sign advertises farmland for sale near Meridian in southwestern
Idaho on April 17. A Boise State University professor has devel-
oped a map that projects more than 110,000 acres of farmland in
the region will disappear by the end of the century.
really stunning.”
The data to project farm-
land losses by the decade are
included in the data, although
the team didn’t calculate
that in the report, said Jodi
Brandt, who is part of the
BSU team that developed it.
As a simple average,
the projected loss of farm-
land works out to 13,000 to
30,000 acres a decade.
The report used nine dif-
ferent scenarios of population
growth and density to project
urban growth in the Treasure
Valley through 2100.
It projected that if the val-
LEGAL
LEGAL
PURSUANT TO ORS
CHAPTER 98
Notice is hereby given that the
following vehicle will be sold, for cash
to the highest bidder, on 11/14/17.
The sale will be held at 10:00am by
PARKING ENFORCEMENT SERVICES
1768 13TH ST. SE SALEM, OR
1995 TOYOTA LANDCRUISE
VIN = JT3DJ81W3S0113027
Amount due on lien $1,062.00
Reputed owner(s) JASON & FE
FARRINGTON
UNITED FINANCE
PURSUANT TO ORS
CHAPTER 98
Notice is hereby given that the
following vehicle will be sold, for cash
to the highest bidder, on 11/6/17.
The sale will be held at 10:00am by
TRS OREGON INC
1210 22ND ST. SE SALEM,OR
1995 INTERNATIO 4700
VIN = 1HTSCAAN0SH671773
Amount due on lien $5,214.00
Reputed owner(s) JESUS TOLENTO
US BANK
Legal-44-2-3/999
SUSANVILLE, Calif. —
The first confirmed livestock
depredation by a wolf in Cal-
ifornia has prompted criticism
from the affected rancher and
his allies over how state offi-
cials handled the situation.
The state Department of
Fish and Wildlife posted on its
website Oct. 20 a report that
the Lassen Pack of wolves had
killed a cow on private proper-
ty in western Lassen County a
week earlier.
Data from a GPS tracking
device worn by the pack’s
breeding female — known
as LAS01F — confirmed the
wolf was at the site for at least
six hours on Oct. 13, when the
600-pound yearling heifer was
killed, according to the DFW.
The California Cattlemen’s
Association and California
Farm Bureau Federation is-
sued a news release Oct. 27
blasting state officials for not
announcing the wolf kill, not-
ing that it would have educated
residents about the “full impli-
cations” of the gray wolf’s re-
turn to California.
The groups also expressed
File photo
Oregon’s Land Use Board of Appeals has reversed the approv-
al of an 80-acre solar project in Jackson County.
Legal-43-2-3/999
ley’s population, which is
around 640,000 now, grows
to 1.5 million by 2100 and
population density remains
the same as it is today, the
amount of urban land will
increase by 220,000 acres,
while agricultural land will
decrease by 190,000 acres.
In the worst-case scenar-
io — the valley’s population
reaches 1.75 million and pop-
ulation density is unchanged
— 240,000 acres of agricul-
tural land will disappear.
Under the best-case sce-
nario — the population
reaches 1.25 million and
population density increas-
es as a result of so-called
“smart” growth policies —
110,000 acres of ag land in
the valley would be lost by
2100.
Burns said the report “cer-
tainly sends an urgent call
to our leaders to take a hard
look at what the future looks
like” for the valley’s farming
industry.
The research team used
data from 2001 to 2011 to
help develop their projec-
tions. During that time, ur-
ban land area in the valley
increased by 10 percent and
agricultural land decreased
by 5 percent, according to the
report.
“In summary,” the report
states, “the future of farm-
land … in the Treasure Valley
will be greatly influenced by
how much population grows,
as well as the decisions made
about housing density.”