Image provided by: University of Oregon Libraries; Eugene, OR
About Capital press. (Salem, OR) 19??-current | View Entire Issue (Nov. 17, 2017)
10 CapitalPress.com November 17, 2017 Oregon Broader impact expected from landfi ll dispute Supreme Court considers arguments from owner, opponents By MATEUSZ PERKOWSKI Capital Press SALEM — The Oregon Supreme Court is considering a dispute over a landfi ll that’s expected to resolve a broader question about allowable im- pacts on farmland from non- farm development. Several neighbors of the Riverbend Landfi ll near Mc- Minnville, Ore., have long been fi ghting its planned ex- pansion, arguing the larger facility will further disrupt sur- rounding agriculture. Landfi lls and certain other non-farm developments are allowed in areas zoned for “exclusive farm use,” or EFU, as long as they don’t have signifi cant impacts on nearby farmers. In this case, Yamhill Coun- ty approved the landfi ll’s ex- pansion because its owner, Waste Management, agreed to compensate local farmers for the cost of picking up litter and for the damage caused to fruit by defecating birds. The arrangement was ap- proved by the Oregon Court of Appeals but has failed to satisfy opponents of the land- fi ll who argue that it allows developers to pay off farmers for adverse effects. Under Oregon law, con- ditions imposed on non-farm developments are meant to prevent such negative impacts, rather than simply compensate growers fi nancially, according to landfi ll critics. “You’re already taking farmland out of production. We really have to be protective of the farms in the surround- ing EFU area or we’re losing more,” said Jeff Kleinman, at- torney for the Stop the Dump Coalition and other opponents, during oral arguments on Nov. 13 before the Oregon Supreme Court. The interpretation of state- wide land use law by the Oregon Court of Appeals ef- fectively creates “primacy of non-farm use over the farm use,” contrary to the intent of Oregon lawmakers, Kleinman said. Tommy Brooks, attorney for Waste Management, dis- agreed that the Oregon Court of Appeals ruling marked a se- rious departure from accepted standards for non-farm devel- opment in farm zones. Signifi cant impacts from development are prohibited if they render surrounding farm- land not viable for agricultur- al purposes, such as a pasture that can no longer be grazed by cattle, Brooks said. However, conditions im- posed on a project can mit- igate those concerns until they’re no longer signifi cant, he said. For the hay farmer who was allegedly burdened with litter patrols, the add- ed cost was shifted to Waste Management, he said. Similarly, another farmer was still able to produce cher- ries, but Waste Management provided compensation for the crop’s lost value due to alleged bird damage, Brooks said. “As long as the incremen- tal cost (to the grower) is re- moved, it cannot be signifi - cant,” he said. During the oral arguments, several Oregon Supreme Court justices questioned whether signifi cant impacts to agricul- ture are permissible in farm zones under statewide land use law, as long as the developer compensates the grower. Groups ask governor to reopen wolf killing investigation Letter casts doubt on hunter’s story By GEORGE PLAVEN EO Media Group An alliance of conservation groups is asking Oregon Gov. Kate Brown to reopen the state’s investigation into the killing of a female wolf Oct. 27 in Union County. Brian Scott, a 38-year-old elk hunter from Clackamas, shot the wolf after he claims the animal charged him. Crit- ics argue that photos released by Oregon State Police direct- ly contradict that story. The groups — 18 in all — sent a letter Thursday to Brown requesting that OSP reopen the case, with indepen- dent oversight from the Offi ce of the Attorney General and full cooperation from the Or- egon Department of Fish & Wildlife. “Enforcement of Oregon’s wildlife laws is crucial to de- ter criminals and to protect our state’s most vulnerable spe- cies,” the letter reads. “A fail- ure to hold OSP accountable in this case could set a dangerous precedent and send a message that Oregon will look the other way when it comes to illegally killing wolves and other wild- life.” A spokesman for the gover- nor’s offi ce did not return calls by press time. In a recent interview with the Capital Press, Scott said he screamed when he saw the wolf charging him, pulled up his rifl e and fi red a sin- gle shot. The 83-pound fe- male was associated with the OR-30 pair of wolves occu- pying the Starkey and Ukiah wildlife management units in Umatilla and Union counties. Scott said he feared for his life, and felt he would have been mauled had he not shot. “I take no pride in this at all,” Scott said. “The only thing I’m happy about is I made it home to my wife and two children.” However, as the groups point out, photos show the bul- let passed through the wolf’s shoulders, an indication that maybe the animal was stand- ing broadside to Scott rather than running directly at him. The evidence “casts serious doubt on both the hunter’s sto- ry and OSP’s interpretation of the evidence,” the letter states. The Union County District Attorney’s Offi ce declined to prosecute Scott, chalking up the incident to self-defense. It is illegal to kill wolves in Or- egon except in defense of hu- man life or to protect livestock under a specifi c set of circum- stances. Known wolf activity, OR30 395 UMATILLA NATIONAL FOREST 84 Pilot Rock 74 Area in detail 204 ORE. Elgin 82 UMATILLA Female wolf shot within this area Ukiah Gr ande Ro 244 UMATILLA NATIONAL FOREST n de La Grande r Rive Cove 203 UNION Union WALLOWA ALLOWA A WHITMAN NATIONAL TIONAL FOREST 237 North Powder N. Fk. Jo h n D ay R i ve r 395 GRANT NORTH FORK JOHN DAY WILDERNESS Source: Oregon Dept. of Fish and Wildlife 84 10 miles 30 Alan Kenaga/Capital Press Offi cials seek state help for businesses impacted by fi re By CLAIRE WITHYCOMBE Capital Bureau SALEM — This summer’s harsh fi re season left behind economic damages that Ore- gon offi cials and members of the business community are still trying to quantify. Although the state is still researching the extent of the impact, economic develop- ment offi cials want to ask the Legislature in the upcoming short legislative session for funds for low-interest loans for small businesses affected by wildfi res, perhaps trig- gered by an offi cial disaster declaration by the governor. Reduced revenues and cash fl ow for businesses due to disruptive wildfi res this summer could impact their credit ratings and their access to capital, Jason Lewis-Berry, director of Regional Solutions and jobs and economy policy adviser to Gov. Kate Brown, told legislators on Tuesday. The state’s employment department said late last month that the fi res didn’t im- pact the unemployment rate statewide, but certain regions suffered higher job losses in September. About 600 more leisure and hospitality jobs in Central Oregon, the Columbia River Gorge and southwest Oregon were cut in September than is typical, according to the Oregon Employment Depart- ment. Lewis-Berry said the state is still collecting data on lodg- ing tax receipts and insurance U.S. Forest Service The Eagle Creek fi re in the Columbia Gorge burns the night of Sept. 4. Development offi cials want the Oregon Legislature to provide funding to help businesses impacted by this summer’s wildfi res. claims, which may provide a fuller picture of the economic impact. Special wildfi re recovery councils in Southwest Ore- gon and the Columbia River Gorge are also working on recommendations to help lo- cal economies bounce back. In those areas, the Chetco Bar and Eagle Creek Fires were particularly severe. “We’re trying to have this be a data-driven and local- ly-driven process to inform the kind of support we can de- liver,” Lewis-Berry said. Broader economic impacts were also felt in Eastern Ore- gon — not only did fi res af- fect air quality, but road clo- sures of Interstate 84 on the state’s northern border likely impacted summer travel and commerce to and from East- ern Oregon, Lewis-Berry told legislators Tuesday. The interstate was closed 19 days eastbound and eight days westbound. State econo- mists calculated that each day the interstate was closed cost shippers an extra $250,000 to $290,000, Lewis-Berry said. He added that the state parks department also esti- mates that it lost $157,000 in expected revenues due to fi re season, while needing an additional $150,000 for resto- ration costs at state parks. While wildfi res are noth- ing new for the state’s rural areas east of the mountains, poor air quality due to smoke brought the wildfi re issue front and center in the state’s cities as well this summer, in- cluding Portland, Eugene and Salem. Sick horse quarantined at OSU clinic By ERIC MORTENSON Capital Press 46-1/100 A horse remains quaran- tined at Oregon State Univer- sity after it was diagnosed with a particularly damaging neuro- tropic form of a common virus. The horse became severely ill Nov. 4 at its owner’s proper- ty in Coos Bay, Ore., and was taken to OSU’s College of Vet- erinary Medicine for treatment. The virus is contagious, and the college has suspended elective procedures on other horses and on alpacas and llamas for two weeks to reduce the risk of them becoming ill as well. The virus is not dangerous to humans, but people can spread it to animals through hand or clothing con- tact with sick horses. Erica McKenzie, professor of large animal internal medi- Online More information regard- ing EHV-1 and biosecurity recommendations from the American Association of Equine Practitioners http://bit. ly/2jeDtmh cine at OSU, said the horse has a good prognosis but remains in isolation at the Lois Bates Acheson Veterinary Teaching Hospital for now. The illness is caused by a mutated form of Equine Her- pes Virus-1, a common ailment somewhat like a cold is to hu- mans. Most horses will con- tract EHV-1 and develop minor respiratory problems at some point, but in some animals the virus takes a turn and attacks the nervous system. The illness usually shows up fi rst as weakness in the hind quarters, with animals stum- bling or developing an unusual gait. Other signs include weak tail tone, nasal discharge, fe- ver and diffi culty urinating. Geldings and stallions may be unable to retract their penis. Pregnant mares may abort. In rare cases, EHV-1 can cause blindness and central nervous system damage in alpacas and llamas. Animals showing signs of the illness should immediately be isolated and owners should contact their vets, according to OSU. McKenzie said a vaccine for EHV-1 can ease symptoms of the common form of the virus, but it does not prevent animals from developing the more se- rious neurotropic form of the virus.
