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May 25, 2018 CapitalPress.com Ag could be big winner in U.S.-China trade thaw Foodmakers argue Washington’s $18 million fine unconstitutional First and Eighth amendments at issue, organization says By DON JENKINS Capital Press The packaged food and drink industry planned to try to persuade a Washing- ton state appeals court this week that exercising its First Amendment rights required withholding the names of the companies that spent $11 mil- lion to defeat a 2013 initiative that would have required la- bels on food with genetically modified ingredients. The Grocery Manufactur- ers Association argues that funneling the contributions through the trade association shielded companies from boy- cotts and even death threats, like the ones their members suffered for opposing a simi- lar GMO proposition in Cali- fornia the year before. “As applied to GMA, the (disclosure law in Wash- ington) strikes at the First Amendment’s most important protection: the right to advo- cate controversial political views,” foodmakers argue in a brief to the Court of Appeals in Tacoma. Capital Press File The Washington Court of Appeals was to hear oral arguments May 24 on whether the Grocery Manufacturers Association broke the law by not reporting the names of companies that spent $11 million to defeat a 2013 GMO-labeling measure. GMA is appealing a re- cord-breaking $18 million fine handed down in 2016 by Thurston County Superi- or Court Judge Anne Hirsch. Hirsch ruled that GMA inten- tionally broke the law by be- latedly naming the companies that contributed to the “No on Initiative 522” campaign. The penalty is by far the largest ever levied in the U.S. for not reporting political ac- tivities. The next-biggest fine, $3.8 million, was levied by the Federal Elections Com- mission in 2008 against the Federal Home Loan Mort- gage Corp. Hirsch also awarded the attorney general’s office more than $1 million, bringing the total judgment against GMA to more than $19 million. GMA also argues the pen- alty is unconstitutionally ex- cessive, violating the Eighth Amendment. GMA claims it believed it was complying with Washington law and that voters were not misled about the source of the money. GMA, under fire from state regulators, named the companies shortly before the election. Leading contributors included companies such as PepsiCo, Nestle USA, Co- ca-Cola, General Mills and ConAgra Foods. I-522 was defeated with 51 percent of the vote. Hirsch embraced the Washington attorney gener- al’s claim that sophisticated GMA executives schemed to 13 Capital Press distance brand-name com- panies from another bruising campaign over labeling prod- ucts with ingredients derived from genetically modified or- ganisms. Duke University professor Michael Munger and Uni- versity of Missouri professor Jeffrey Milyo, a senior fellow at the Cato Institute, filed a brief supporting GMA’s First Amendment argument. “Members of associations have a core right under the First Amendment to engage in political speech without disclosing their identity in a way that will subject them to potential threats, retaliation and boycotts,” wrote the pro- fessors, both economists. The state argues that GMA wasn’t punished for speaking up, but for concealing who was funding it. The three-judge appeals court, convening outside its normal venue, was to hear oral arguments in a 30-min- ute hearing May 24 at Rogers High School in Puyallup. In a similar case, the an- ti-GMO organization Food Democracy Now has ap- pealed a $319,281 fine for failing to name donors who contributed to the “yes” on I-522 campaign. The appeals court will hear oral arguments in that case June 25 in Tacoma. The agriculture and en- ergy sectors stand to benefit substantially as the U.S. and China walk back from a po- tential trade dispute, Idaho Farm Bureau officials say. “We applaud both na- tions for choosing talks over tariffs,” state Farm Bureau Federation President Bryan Searle, a farmer from Shel- ley, said in a release. “That was certainly a re- lief to get some good news on China,” said Genesee-based farmer Joe Anderson. “That was great news.” Previously, he was very concerned about the possible impacts pro- posed tariffs could have on U.S. agriculture. Michael Williamson, manager of Williamson Orchards and Vineyards in Caldwell, had been con- cerned about the impacts the tariffs could have on the U.S. fruit and wine industries. “That was great news,” he said. “Hopefully, now things can continue as normal.” The nations in March and April announced hundreds of billions of dollars in tariffs on each other, and China’s proposed tariffs had largely targeted the U.S. agricultural sector. China earlier this year announced it would impose tariffs of 15 to 25 percent on a long list of U.S. farm prod- ucts including wheat, corn, beef, fruit and wine — prod- ucts Idaho produces in abun- dance, the Farm Bureau said. But in a joint statement issued May 19 by the White House, the U.S. and China announced a framework that could reduce the $375 billion U.S. trade deficit with China. The statement said, “the United States and China en- gaged in constructive con- sultations regarding trade in Washington, D.C.,” on May 17-18. A consensus was reached to take “measures to substantially reduce the United States’ trade deficit in goods with China. To meet the growing consumption needs of the Chinese people and the need for high-quality economic development, Chi- na will significantly increase purchases of United States goods and services.” Both nations “agreed on meaningful increases in United States agriculture and energy products. The United States will send a team to China to work out the de- tails.” The Farm Bureau also referenced U.S. Treasury Secretary Steve Mnuchin’s comments to Fox News May 20 saying the nations are stepping back from a possi- ble trade dispute and that the U.S. expects to see a 35 to 45 percent increase in agri- cultural exports to China this year alone. Judge refuses to block Idaho salvage logging By MATEUSZ PERKOWSKI Capital Press Oregon rancher, county intervene in grazing challenge By MATEUSZ PERKOWSKI Capital Press Area in detail 3 Wash. Ore. ORE. o A federal judge is allowing an Oregon rancher and coun- ty government to intervene as defendants in an environmen- talist lawsuit against grazing in the Wallowa-Whitman Na- tional Forest. The complaint was filed earlier this year by the Great- er Hells Canyon Council en- vironmental nonprofit, which claimed the U.S. Forest Ser- vice insufficiently studied the impacts of grazing on the Spalding’s catchfly, a threat- ened plant. U.S. Magistrate Judge Pa- tricia Sullivan has ruled the Forest Service may not ade- quately represent the concerns of McClaran Ranch, which grazes cattle in the forest, or Wallowa County, which relies on agriculture for its tax base and economy. The ranch and the coun- ty have distinct interests that may be impaired by the law- suit and thus are entitled to intervene in the litigation, Sullivan said. According to the com- Idah The Idaho Barley Commis- sion will have a new admin- istrator for the first time in 24 years. Kelly Olson plans to re- tire as administrator Aug. 3. The new administrator, Laura Wilder, is slated to arrive June 11. They will work together until Olson retires. Wilder will join the Idaho Barley Commission following a decade as executive director of the Idaho FFA Foundation. Before that, she worked eight years at the Idaho Beef Council as special projects coordinator and then executive director. “It will be great to have that time with her to learn as much as I can from her, and to have her introduce me to industry representatives and growers, said Wilder, 57. She said Olson developed strong programs that leave barley growers and the com- mission in a good position to keep Idaho’s recently na- tion-leading barley industry on a growth path. Commissioner Pat Purdy, a grower near Picabo, Idaho, will complete the second of two allowed three-year terms June 30. In recent years, com- mission achievements have in- cluded funding an endowment to create the state’s first uni- versity-level research position dedicated to barley, and con- tinuing to partner with univer- sity research, he said. The Ida- ho barley industry increased Asia exports and now sees more domestic use of barley as a food source as marketing in that segment continues. “The commission is in a strong position, with a strong group of growers, a strong re- search team and support from industry,” Purdy said. Olson came to the Idaho Barley Commission as its sec- ond administrator in 1994 after seven years at the Idaho State Department of Agriculture, where she started the depart- ment’s marketing program. She received a Governor’s Award for Excellence in Agri- culture early this year. “We are on track to do great things. We are the largest bar- ley producer in the U.S., and I don’t see that changing in the foreseeable future,” Olson said. Idaho has three large malt-processing plants and a large contracting program to ship barley out-of-state for malt processing. While malting and brewing remain strong, “we see a great opportunity to build demand for high-value food barley, and we are launching a new initiative with industry,” Olson said. “I see great opportunities in our region to build demand and increase production of high-value food barley.” Purdy said Olson has been doing “an outstanding job helping to lead and grow the industry.” As for Wilder, “I think she’s going to take the reins right up and do a great job,” he said. Wilder, fifth-generation owner of her family’s ranch northeast of Caldwell, lives on a 12-acre sheep farm in west Meridian with her hus- band, Steve, a high school agriculture teacher. They have two grown children. As Idaho Barley Commis- sion administrator, she plans to focus on communications and on continuing to grow the barley industry in Idaho. “I will work on behalf of every barley grower in the state to utilize their check- off funds in the best way possible to enhance grower profitability and add value to the various barley sectors,” Wilder said. Idaho’s 4,000-plus barley growers pay a 3-cent-per- bushel checkoff at the first point of sale. The checkoff is designed to enhance grow- ers’ profitability through re- search, market development and promotion, and informa- tion and education programs. Ida h Or o e HELLS . CANYON NATIONAL RECREATION AREA WALLOWA 3 McClaran Ranch head- quarters h a River Sna ke Riv er Capital Press Joseph Wallowa Lake WALLOWA- WHITMAN NAT’L FOR. na By BRAD CARLSON Im Idaho Barley Commission to get new administrator EAGLE CAP WILDERNESS Oxbow Dam BAKER Halfway 86 Ore . Idah o Brad Carlson/Capital Press Laura Wilder at her Meridian sheep farm. She will be the Idaho Barley Commission’s third administrator. Environmentalists have failed to persuade a federal judge to block the salvage logging of hazard trees burned during a 2016 wildfire in Ida- ho’s Boise National Forest. Over four months, the Pioneer Fire burned about 190,000 acres in the forest, including areas frequently visited by tourists. The federal government decided to har- vest about 70 million board- feet of dead and hazard trees from less than 8 percent of the burned area. Three environmental groups — Wildlands Defense, USFS Alliance for the Wild Rockies and the Native Ecosystems A judge has allowed salvage logging to continue following the 2016 Pioneer Fire in the Boise Nation- Council — filed a lawsuit op- al Forest. posing the plan last year. The complaint argued the Timber harvest began in ter temperature, kills food to 240 feet were based on U.S. Forest Service didn’t the two areas under an “emer- sources and destroys habi- sound data and models, not- properly consider the effects gency situation determination” tat, among other things,” the ing that the Forest Service of salvage logging on the bull by the Forest Service, which judge said. “These impacts took “extra steps” to ensure trout, a threatened fish species, found that logging shouldn’t are magnified because the accuracy. For example, the agency in violation of several federal be delayed because burned creeks are already function- trees were a hazard to the pub- ing at risk, meaning that compared its models with ac- environmental laws. Chief U.S. District Judge lic and deterioration would they cannot absorb much tual erosion after a previous Lynn Winmill has now reject- reduce their value by $1 mil- sediment and still offer pro- fire and determined that sed- tective habitat for the bull iments moved roughly 30 to ed the plaintiffs’ motion for a lion. 70 percent less than project- Because the wildfire af- trout.” preliminary injunction halting The environmental plain- ed, the judge said. the two salvage logging proj- fected steep slopes with soils ects, which affect the Payette prone to erosion, the agen- tiffs objected to the Forest “Under these circum- River and Boise River water- cy established buffer zones Service’s erosion models, stances, the court cannot find sheds. around waterways where arguing that sediment would that the plaintiffs have raised Roughly half of the 14 logging and road-building move farther than the agency serious questions on their timber sales involved in the would be restricted. claims regarding threats to expected. projects have already been “Sediment is deadly for However, Winmill has the bull trout from sediment completed. bull trout. It increases wa- ruled the buffers of 120 feet movement,” he said. Hells Canyon Dam N 10 miles Capital Press graphic plaint, livestock trample the Spalding’s catchfly and con- sume its flowers and seeds, thereby hindering reproduc- tion of the perennial plant, which has been protected un- der the Endangered Species Act since 2001. Cattle also introduce and spread invasive weed species that compete with the Spald- ing’s catchfly, whose popula- tions are particularly at risk of displacement due to their ten- dency to “clump,” the plaintiff argues. The environmental group alleges the Forest Service vi- olated the National Environ- mental Policy Act by failing to study eliminating grazing from areas where the Spald- ing’s catchfly is vulnerable to grazing, among other claims. The Forest Service has filed an answer to the lawsuit denying violations of NEPA and other federal statutes and arguing the complaint should be dismissed partly because the nonprofit failed to raise its objections during administra- tive proceedings. In his request to intervene, rancher Scott McClaran said his family has raised livestock in the region for nearly 100 years and has developed strat- egies with the Forest Service to minimize negative effects on the Spalding’s catchfly and other native resources. The ranch depends on graz- ing within the four allotments of the 44,000-acre “Lower Imnaha Rangeland Analysis” project area that’s at the center of the lawsuit. “A decision that limits, re- stricts or prohibits livestock grazing on some or all of these allotments would hinder the environmental benefits from the rotational grazing among pastures on the ranch and allot- ments,” he said. “It would also negatively impact the econom- ic viability of McClaran Ranch and threaten the ability of the McClaran family to maintain the ranching lifestyle that has been central to my family for generations.” The lawsuit could set a le- gal precedent affecting graz- ing in other areas where the Spalding’s catchfly grows, which could seriously impair Wallowa County’s economy, according to a declaration from Todd Nash, a rancher and county commissioner. “Such an economic impact would affect the county’s abil- ity to maintain the quality of the services the county must provide to ensure the health, safety, and welfare of its resi- dents,” he said.
