Friday, March 18, 2022
CapitalPress.com 9
Court dismisses Iowa pork
producers’ Prop 12 lawsuit
By CAROL RYAN DUMAS
Capital Press
A U.S. district court in Califor-
nia has granted a motion to dismiss
a lawsuit fi led by the Iowa Pork Pro-
ducers Association against Califor-
nia state offi cials over Proposition 12,
which prohibits the sale of uncooked
pork from hog operations that don’t
meet the state’s production standards.
Prop 12, passed by California vot-
ers in 2018, established new minimum
space requirements for breeding pigs,
calves raised for veal and egg-laying
hens within the state. It also bans the
sale of pork, veal and eggs from ani-
mals raised elsewhere if their living
conditions don’t meet California’s
standards.
It went into eff ect Jan. 1.
The Iowa Pork Producers Associa-
tion fi led the lawsuit in Fresno Supe-
rior Court in November, challenging
the constitutionality of Prop 12 and
seeking to prevent its enforcement.
The case was moved to U.S. Dis-
trict Court for the Eastern District
of California and then to U.S. Dis-
trict Court for the Central District of
California.
In late February, that court dis-
missed the case on all counts brought
by Iowa Pork Producers.
Iowa Pork Producers fi led claims
under the due process clause, privi-
leges and immunities clause, suprem-
acy clause and dormant commerce
clause.
Iowa Pork Producers argued Prop
12 is unconstitutionally vague and
fi nal regulations are not yet complete.
It argued Prop 12 failed to place its
members on notice of how they can
avoid criminal prosecution and failed
to give them suffi cient time to comply.
But the court found the provisions
that apply to Iowa pork producers are
NPPC/Linked In
A lawsuit pork producers fi led in California over Proposition 12 has
been rejected.
clear from the statute’s plain text and
any potential vagueness was clarifi ed
in an FAQ issued by the California
Department of Food and Agriculture
in March 2021.
Iowa Pork Producers also argued
the statute treats nonresidents dif-
ferently than California residents
because in-state producers had more
time to comply with spacing require-
ments under the state’s earlier Prop 2
requirements.
But the court dismissed that claim
because Prop 12 applies equally to all
pork meat sold within the state regard-
less of where it was produced.
Iowa Pork Producers also claimed
Prop 12 is pre-empted by the Packers
and Stockyard Act.
The court found the Packers and
Stockyards Act only pre-empts state
laws regarding the bonding of packers.
In addition, animal welfare and public
health and safety have long been rec-
ognized as part of the police power of
states and the plaintiff had not alleged
any facts that show Prop 12 stands in
the way of execution of the Packers
and Stockyards Act.
Iowa Pork Producers also claimed
Prop 12 was discriminatory because
the purpose of the statute, in part, was
to prevent negative fi scal impacts on
the state of California.
The court dismissed that claim,
saying Prop 12 makes no distinc-
tion between in-state and out-of-state
pork producers. In addition, the plain-
tiff had failed to allege the purpose of
Prop 12 was motivated by economic
protectionism.
The court also found the plain-
tiff had not alleged facts suffi cient to
claim under the discriminatory eff ect
prong of the dormant commerce
clause based on the diff erence in “lead
time” given to in-state and out-of-
state producers with regard to spacing
requirements.
The court also found the plaintiff
failed to state a claim that Prop 12
had an impermissible extraterritorial
eff ect or a substantial burden under
the clause.
Incident meteorologists get
ready for wildfi re season
By BRAD CARLSON
Capital Press
BOISE — Meteorologists
are key teammates for wildfi re
foresters and analysts such as
Jonathan Pangburn, who come
up with game plans for battling
the massive blazes.
“On the receiving end, we
absolutely could not do our
work without this support,”
said Pangburn, who is with the
California Department of For-
estry and Fire Protection.
He was at the National Inter-
agency Fire Center in Boise to
help National Weather Service
meteorologists train to work at
wildfi re sites.
“There is absolutely a
need for weather support,”
said Pangburn, who last year
worked on the nearly 1 mil-
lion-acre Dixie Fire, among
others.
The training helps prepare
the meteorologists to deliver
fi re weather forecasts, fi re
behavior guidance and brief-
ings. They learn how fi re reacts
to certain weather, fuel and
topographical conditions. They
also learn fi re-weather fore-
casting in complex mountain
terrain, and about advances in
technology.
Meteorologists complete
more than 225 hours of fi re-
weather and on-the job train-
ing before they are certifi ed.
Wind, humidity and tem-
peratures near fi res can have
big impacts on fi re intensity
and fi refi ghting tactics.
Pangburn, a fi re behavior
analyst, said it may be possi-
ble to call a meteorologist in an
offi ce. But working with mete-
orologists who are at the inci-
dent site off ers
timing advan-
tages.
They
track the con-
stantly chang-
ing weather
and
make
Jonathan
informa-
Pangburn tion available
immediately.
“I translate it to on-ground
impacts,” he said. Decisions
about fi re management and
tactics, and fi refi ghter and pub-
lic safety, can benefi t.
Incident meteorologists last
year were deployed to 217
wildfi res.
The 86 certifi ed incident
meteorologists got more train-
ing March 7-11 at the Fire Cen-
ter. An additional 33 meteorol-
ogists pursuing certifi cation
trained for two additional days.
After they are certifi ed as
incident meteorologists, they
will be selected for duty as
needs dictate. The Boise train-
ing drew participants from
Key West, Fla., to Alaska and
Hawaii.
Patrick Gilchrist of Glasgow,
Mont., has been incident-certi-
fi ed for 16 of his 20 years as a
NOAA meteorologist.
An overarching goal is to
let incident managers and fi re-
fi ghters know what weather is
coming as soon as possible so
they can work proactively, he
said.
“You’re living the forecast,”
Gilchrist said. “This is easily
the most rewarding thing I’ve
done in my career.”
One of his posts in 2021
was the big Caldor Fire near
South Lake Tahoe, Calif. He
also worked in Australia in
2019.
S224788-1
FFA helps member build a bright future
Proud Supporter of
By Isabel D’Acquisto and Kylie Baldwin
Auto • Home • Farm
Commercial • Health
CORVALLIS, Ore. — “I believe in the future...,” is the first line of the FFA Creed. It is no secret that FFA is
more than just cows, sows and plows; it produces future leaders, achievers and job seekers.
541-998-2383
S246357-1
155 N. 3rd St., Harrisburg
541-995-6397
24957 Hwy. 126, Veneta
541-606-4616
Proud Supporter of FFA
The Oregon FFA Association isn’t just building leaders for the future of agriculture, but the future of
America.
2020 Redmond High School graduate, Canyon Hutchinson, credits FFA for setting him up. Canyon started
his FFA career at Sherwood High School. He developed a passion for working with his hands, leading him
to enroll in every agriculture education class he could fit into his schedule.
Those classes included Agriculture Science, Welding and Woodshop.
12333 Silver Falls Hwy SE
Aumsville, OR 97325
Phone: (503) 769-2205
S223436-
1
615 Holly St., Junction City
Through these classes, he learned the art of building and selling tables. Canyon’s heart for service also led
him to build a house to be sold that would earn money back for his agriculture classes and woodworking
program — his first steps as an entrepreneur.
Halfway through his junior year, Canyon was uprooted from his school and FFA chapter and enrolled at
Redmond High School. It didn’t take long before he found himself back in a shop.
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503-873-6498
877-FOR-IOKA
www.iokamarketing.com
S225967-1
“(Moving) was actually kinda hard. But the ag classes helped me make some friends and pursue my
business,” he said.
Once graduated, he began working for an excavation company. “And after only working there for a few
months, I knew I needed to start my own company,” he said. Using his acquired skills and entrepreneurial
mindset, Canyon started his construction and excavation company, Buck Canyon Construction LLC.
As his company has blossomed over the last couple of years, Canyon is excited to have purchased his
company truck, dump trailer and skid steer!
By being involved in Oregon FFA and taking advantage of his high schools’ agricultural classes, Canyon
believes his resources helped him keep track of his profits and investments. Now with a successful company
flourishing, Canyon Hutchinson is eager to hire current FFA members so that they, too, can develop these
skills that helped him get to where he is.
Proud Sponsor of FFA
Silverton, Oregon
Oregon FFA develops students with critical thinking, work
ethic and communication skills so that when they enter the
workforce, they will make a positive impact.
CELEBRATING 31 YEARS
IN THE AGRICULTURAL
MACHINERY BUSINESS.
Proud
Supporter of
Nyssa Tractor
(833) 372-4020
www.nyssatractor.com
sales@nyssatractor.com
Nyssa, OR
The future of agriculture, the future of their communities,
and the future of our country will flourish, all because they
zipped up an FFA jacket.
FFA is a dynamic youth organization that changes lives and
prepares members for premier leadership, personal growth
and career success through agricultural education.
S238153-1
Isabel D’Acquisto is the FFA state president, and Kylie
Baldwin is the FFA state reporter.
Spec
S261436-1
& Implement Co.
(541) 342-5464
5450 W. 11 th , Eugene, OR
Canyon Hutchinson with his mother, Heather.
TREE & BRUSH REMOVAL
503-932-0766
klopfensteinag.com | Silverton, OR
S285674-1
S280595-1
THE TRACTOR STORE
TREE PLANTING
DRIP LINE INSTALLATION
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Proud
Supporter
of FFA