4 CapitalPress.com Friday, August 6, 2021 Region’s tree fruit growers assess damage from late June heat wave By SIERRA DAWN MCCLAIN Capital Press Six weeks after June’s heat wave scalded the Pacific Northwest, tree fruit growers are assessing the damage. Cherry growers lost about 20% of their crop and faced rattled markets. Apple grow- ers estimate the industry may have lost up to 10% of the crop to sunburn and are concerned the heat may also impact apple size and stora- bility. Pear growers, though less worried about sunburn, are also concerned about fruit size. “The cherry season was pretty horrible,” said Dave Taber, an Oroville, Wash., grower. Due to the triple-digit heat, according to B.J. Thurlby, president of North- west Cherry Growers, the industry lost about 20% of its crop. According to the asso- ciation’s most recent report, through July 28, grow- ers had shipped 17.6 mil- lion 20-pound boxes, about 21% fewer than the six-year average. Capital Press File A lawsuit challenging state beef council promotions has been rejected by the 9th U.S. Circuit Court of Ap- peals. 9th Circuit rejects challenge to beef promotions authority of USDA — even when third parties develop the advertisements with- out pre-approval from the agency. Promotions that are pre-approved by USDA and explained in bud- gets submitted to the agency effectively receive “final approval authority” from the federal govern- ment, so they’re “there- fore plainly government speech,” according to the 9th Circuit. Even third-party pro- motions that aren’t sub- ject to pre-approval are “effectively controlled” by USDA because Congress envisioned that industry nonprofits would imple- ment promotions under the beef checkoff program, the ruling said. Federal regulations still require third-party promo- tions to “strengthen the beef industry’s position in the marketplace” with- out mentioning brands or trade names, using decep- tive practices or influenc- ing government policies, the ruling said. The USDA also reviews state beef council expenses and can participate in their board meetings. Though R-CALF claimed such “safeguards are insufficient,” the decid- ing factor is that the gov- ernment has the “abil- ity to control speech, even when it declined to do so,” the 9th Circuit said. The USDA can “decertify” state beef councils from using checkoff dollars if it disagrees with how those funds are spent, provid- ing “unquestioned control” over that money. By MATEUSZ PERKOWSKI Capital Press Promotions funded by state beef councils aren’t an unlawful form of com- pelled speech, even if third parties are paid to produce the advertisements, accord- ing to a federal appeals court. The 9th U.S. Cir- cuit Court of Appeals has determined that such promotions are govern- ment speech, not private speech that’s forcibly sub- sidized in violation of the U.S. Constitution’s First Amendment. While people can’t be required to subsidize pri- vate speech, the govern- ment’s own speech isn’t subject to this prohibi- tion because it’s “subject to democratic accountabil- ity” through the political process. The Ranchers-Cat- tlemen Action Legal Fund, or R-CALF, chal- lenged the legality of pro- motions issued by state beef councils, which are partly funded by “check- off” dollars collected from ranchers. R-CALF claimed that state beef councils support advertising that’s contrary to the interests of indepen- dent beef producers and isn’t protected as “gov- ernment speech,” since it doesn’t reflect the govern- ment’s actual views and is often created by third parties. The 9th Circuit has now rejected that argument, upholding an earlier rul- ing that concluded state beef council promotions are ultimately under the Courtesy of Charles Lyall Heat-damaged apples from the record-breaking June heat wave. Many growers, attempt- ing to outrun the heat, picked large volumes of cherries that were small and immature with low sugar content and tried to sell them to whole- salers and retailers. “It slowed the whole mar- ket domestically and world- wide,” said Taber of Oro- ville. “The sunburn was bad, but I think it hurt even more to have people push too hard to sell fruit.” Several other growers agreed, saying retailers and consumers generally weren’t happy with this year’s fruit. “I’m pretty sure it did drive the market down,” said Frank Lyall, a grower in Grandview, Wash. The apple crop also suffered. Sean Gilbert, a Yaki- ma-area grower, estimated the crop will see roughly 10% less fruit packed due to sunburn but said it’s pre- mature to make accurate predictions. “It’s too early to know the final damage,” he said. Several growers across central Washington, rang- ing from Kennewick in the south to Oroville in the north, threw out similar sun- burn loss figures: 5%, 7%, 10%. The most common estimate was 10%. Some growers said Hon- eycrisp and some club variet- ies, including Cripps Pink, or “Pink Ladies,” experienced the worst sunburning. Harvest is beginning for Galas, an early variety, and growers say visible damage isn’t as bad as they antici- pated. But many are worried about internal flaws. “Sunburn is not the only factor out there,” said Todd Fryhover, president of the Washington Apple Com- mission. “These warm tem- peratures will probably have some impact on fruit storabil- ity long-term.” He said an immediate 10% loss sounds “very rea- sonable,” but more losses may accrue over time if fruit doesn’t store well. Some apple varieties also may run one-half to two sizes small due to the heat, indus- try experts say. Some grow- ers, including Charles Lyall, Frank Lyall’s brother who grows in Mattawa, say sizing so far looks “reasonable,” but other growers say their fruit appears small. Risk of large fires to stay high into fall By BRAD CARLSON Capital Press The risk of large fires will remain high through November in much of the West thanks to widespread drought, dry fuels and above-nor- mal tem- peratures, the National Interagency Fire Center Jim predicts. W i t h Wallmann more than 95% of the West in drought, timber, brush and grass are “exceptionally dry,” said Jim Wallmann, mete- orologist with the NIFC- tied National Interagency Coordination Center. Some recent rainfall helped, “but we would need something much longer-duration than we’ve seen to really make a large impact on the rest of the fire season.” A strong start to the mon- soon season returned fuels to normal moisture levels in Arizona, New Mexico and parts of Colorado, he said. Near-term risk in the Four Corners region should drop to normal or below normal. But in much of the West, “every fuel type is avail- able right now given the drought,” Wallmann said. Fire-ready fuel is avail- able “from California right up through Oregon and Washington, through Idaho and into Montana and Wyoming.” Temperatures were well above normal in July across the West and Northern Plains. Wallmann said above-normal fire potential is expected through August in Northern California, Ore- gon, Washington, Idaho, Montana and into the Dako- tas and part of Minnesota. Exceptional drought and “any potentially strong wind events, which become more frequent in August” are among reasons, he said. Large-fire risk should lessen gradually in the northern U.S. as fall unfolds, and return to normal by November. “But for much of Cal- ifornia, we are expecting Oregon Department of Forestry A firefighting tanker makes a retardant drop near Sisters, Ore., on July 11. Meteorol- ogists say the threat of wildfires will remain into fall. above-normal potential to remain through November due to a delayed start to their rainy season,” Wallmann said. NIFC said climate out- looks indicate warm- er-than-normal conditions are likely for much of the continental U.S., especially the West, into fall. The drought is likely to expand and intensify. Most California moun- tains and foothills should have above-normal poten- tial for large fires through September, with areas prone to offshore winds likely to retain above-nor- mal potential into October and November in the state’s south, the report said. NIFC said risk is above normal in most of the North- west through September due to dry fuels and persistent drought. A return to nor- mal is expected this month in western Washington and in September in southeast Oregon. LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2018 HD STR MC VIN = 1HD4NCG18JC508394 Amount due on lien $1435.00  Reputed owner(s) RUSSELL LEE WILLIAM EDGEMARK SAVINGS BANK LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2010 ACUR ZDX UT VIN = 2HNYB1H29AH000479 Amount due on lien $1435.00  Reputed owner(s) JONATHAN & TRACI SPRINGER SELCO COMMUNITY CREDIT UNION LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  2018 CHEV SLV PU VIN = 1GC1KVEY4JF123518 Amount due on lien $1455.00 Reputed owner(s) JOHN EDWARD VITRO CLACKAMAS FEDERAL CREDIT UNION LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2013 HOND CIV 4D VIN=19XFB2F81DE204512 Amount due on lien $1515.00 Reputed owner(s) MCKENZIE SUE HVAL LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/09/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2015 BMW X3 UT VIN = 5UXWY3C52F0E97994 Amount due on lien $1515.00  Reputed owner(s) VENKATESWARA RAO SUSARLA FIRST COMMUNITY C.U LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2017 KIA SED VAN VIN = KNDMB5C15H6333655 Amount due on lien $1515.00  Reputed owner(s) RUNA P & PASCAL A MEINERZHAGEN LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2018 JEEP CHEROKEE UT VIN = 1C4RJFBG7JC320420 Amount due on lien $1515.00  Reputed owner(s) GAIL M & WILLIAM D KOPSAFTIS KAIPERM FED CU LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2017 HYUN SON 4D VIN = 5NPE24AF6HH566317 Amount due on lien $1435.00  Reputed owner(s) MADISON RUSSELL & KIMBERLY FORD CARMAX BUSINESS SERVICES LLC LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2016 TOYOTA RAV4 UT VIN = 2T3BFREV2GW483125 Amount due on lien $1515.00  Reputed owner(s) MIE WINTER & JOSHUA SETTEL / COPART LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2017 DODG CVN VN VIN = 2C4RDGCGXHR783648 Amount due on lien $1515.00  Reputed owner(s) PEDRO ANTONIO VALDOVINOS JASSO WESTLAKE FINANCIAL SERVICES LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2018 HYUN TUCSON UT VIN = KM8J3CAL8JU761841 Amount due on lien $1515.00  Reputed owner(s) JACQUE & LARRY FALESCHINI CAPITAL ONE AUTO FINANCE LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  1969 BOAT TRLR BT VIN = J155059646 Amount due on lien $1555.00  Reputed owner(s) ABIGAIL SPRUNGER LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2008 CHEV SLV PU VIN = 2GCEK19J381304375 Amount due on lien $1555.00  Reputed owner(s) JAMES M YOUNG LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2005 TOYT 4RU UT VIN = JTEBU14R550073511 Amount due on lien $1515.00  Reputed owner(s) RILEY WARREN BARRICK LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2013 BMW X3 UT VIN = 5UXWX9C50D0A22993 Amount due on lien $1515.00  Reputed owner(s) CARMAX LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2019 SUBA IMP SW VIN = 4S3GTAC67K3742800 Amount due on lien $1515.00  Reputed owner(s) KRISTINA OTT ALLY BK LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2014 PORS CYN UT VIN = WP1AC2A24ELA80737 Amount due on lien $1515.00  Reputed owner(s) WILLIAM L & DOROTHY A CHENEVICH S255935-1 S255941-1 S255930-1 S255936-1 S255942-1 S255931-1 S255937-1 S255943-1 S255932-1 S255938-1 S255944-1 S255933-1 S255939-1 S255947-1 S255934-1 S255940-1 S255948-1 S254269-1 LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for cash to the highest bidder, on 08/16/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2006 WDWTI 29FT RT VIN = 5HRFF262C013078 Amount due on lien $1435.00 Reputed owner(s) ROMIE & KATHLEEN THOMPSON THOR CREDIT UNION S254263-1 LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 08/09/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2013 TOYT HGH UT VIN = 5TDBK3EH4DS279099 Amount due on lien $1555.00  Reputed owner(s) DENNIS MICHAEL PADILLA CLACKAMAS FEDERAL CREDIT UNION S254264-1 LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 08/09/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2018 KIA FOR 4D VIN = 3KPFL4A76JE199276 Amount due on lien $1555.00  Reputed owner(s) DEANN ELIZABETH KIGHT MARION/POLK SCHOOLS CREDIT UNION S254265-1 LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 08/09/2021.  The sale will be held at 10:00am by  COPART OF WASHINGTON INC  2885 NATIONAL WAY WOODBURN, OR  2016 RAM 1500 PU VIN = 3C6RR7LT6GG364867 Amount due on lien $1555.00  Reputed owner(s) JAMIE MICHAEL WILKINSON S254267-1 LEGAL PURSUANT TO ORS CHAPTER 87  Notice is hereby given that the following vehicle will be  sold, for  cash to the highest bidder, on 08/09/2021.  The sale will 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