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.