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THE DAILY ASTORIAN • FRIDAY, MAY 22, 2015
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Legislation faces
objections after
initial lack of
controversy
By MATEUSZ PERKOWSKI
Capital Bureau
SALEM — After an uncontro-
versial start, legislation that would
require mediation for disputes over
biotech crops in Oregon is now fac-
ing opposition from critics of genetic
engineering.
House Bill 2509, which would di-
rect the Oregon Department of Agri-
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initially meet with objections and
passed the House by an overwhelm-
ing margin.
The bill arose from a work group
convened by Rep. Brian Clem,
D-Salem, that evaluated a range of
GMO proposals.
During a May 20 legislative hear-
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recent surge of antagonism toward
HB 2509, which emerged from the
concerns of GMO critics who wor-
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agree to mediation.
“This came from the anti-GMO
community,” he said. “This was de-
signed to be helpful for people wor-
ried about being interfered with by
GMOs.”
Friends of Family Farmers, a
group that favors stronger GMO
regulation, participated in the work
group negotiations and credited the
AP Photo/John Miller, File
A genetically engineered potato pokes through the soil of a planting pot inside J.R. Simplot’s lab in south-
western Idaho.
bill with providing an incentive for
mediation during a work session last
month.
Now that HB 2509 is before
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group and other GMO critics are
asking lawmakers to reject the pro-
posal because they say farmers who
are harmed by biotech cross-pol-
lination should not be forced into
mediation.
“I strikes us that mediation
should be a choice farmers make,
not a mandated situation,” said
Ivan Maluski, policy director of
Friends of Family Farmers, during
the recent hearing before the Sen-
ate Committee on Environment and
Natural Resources.
If a dispute over genetically
engineered crops occurs between
farmers, the bill calls for ODA to
provide mediation to seek a coexis-
tence solution. If a grower refuses
mediation and later loses a lawsuit
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costs.
While Friends of Family Farmers
believes mediation may be useful in
some circumstances, the group has
decided to oppose the bill because
mandatory mediation could impose
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The mediation requirement may
delay a timely court decision when
a farmer faces market rejection of
his crop due to cross-pollination, the
group claims.
Our Family Farms Coalition,
which successfully campaigned for
a GMO ban in Jackson County, ar-
gues that HB 2509 would hinder the
ability of organic and conventional
growers to enforce that prohibition.
The group argues that small farm-
ers would effectively be blocked
from seeking a “quick legal action to
prevent contamination of their crop”
due to fears of paying astronomical
attorney fees.
“This bill would prevent that as a
practical matter,” said Kellie Barnes,
a representative for the group.
The Center for Food Safety, a
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gal battles over GMOs, alleges that
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the mediation program because the
agency has served as the “mouth-
piece of the agricultural biotechnol-
ogy industry.”
Since the mediation requirement
lacks any limit on duration or ex-
pense, ODA could use it as an obsta-
cle for farmers who need a fast legal
remedy to their dispute, the group
says.
Scott Dahlman, policy director of
the Oregonians for Food and Shelter
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pointed by the hostility toward HB
2509 after the work group tried to
establish a middle ground.
The bill was intended to shed
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actually exist in Oregon and encour-
age compromises that would be dif-
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“It might be as simple as commu-
nicating your planting schedule with
your neighbor and planting at differ-
ent times,” Dahlman said.
The Capital Bureau is a collab-
oration between EO Media Group
and Pamplin Media Group.
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Capital Bureau
SALEM — In a split
decision, a Marion County
circuit judge ruled Thurs-
day that forcing former
first lady Cylvia Hayes to
release emails from her
private account would be
a violation of her Fifth
Amendment rights — un-
less they relate to any
of the more than 94,000
emails already made pub-
lic by the state.
In February Hayes filed
suit to block the release
of emails from her private
account to The Oregonian
in response to a public re-
cords request seeking re-
cords concerning her tenure
as first lady.
Hayes and former Gov.
John Kitzhaber are under
investigation by the U.S.
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tential influence peddling.
In her lawsuit, Hayes ar-
gued that emails in her
private account were pri-
vate and exempt from re-
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lic records law, and that a
release would violate her
Constitutional right against
self incrimination.
In a ruling on the pa-
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summary judgment, Judge
Tracy Prall said the news-
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was narrowly constructed
to exclude material of an
exclusively personal na-
ture, and had proven a le-
gitimate public interest in
the release of records relat-
ed to official business.
However, Prall ruled
that ordering Hayes to pro-
duce the emails would re-
quire her to admit that the
emails exist, are in her con-
trol, and authenticate their
content. That would violate
her Fifth Amendment rights
against self incrimination.
However, Gov. Kate
Brown has already re-
leased 94,000 emails from
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the state. Therefore, Prall
ruled, emails held by Hayes
that correspond to those
already released should be
made public because “any
testimonial aspect is a fore-
gone conclusion.”
Hayes filed a lawsuit in
ASTORIA FLYING CLUB
In vites Pilo ts & An yo n e in terested
in flyin g to the Asto ria Airpo rt o n
S a turd a y, M a y 2 3rd • 10a m
M eet at the old T erm inal Building
February to stop the dis-
closure of emails on her
private account that dealt
with state business, after
the Oregon Attorney Gen-
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to release the emails in re-
sponse to a public records
request by The Oregonian
newspaper.
The Oregonian had
asked Prall to dismiss
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order Hayes to release the
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that motion is currently due
by the end of the month,
Oregon Judicial Depart-
ment Legislative Com-
munication Manager Phil
Lemman wrote in an email.
Pool photo/Statesman Journal
Judge Tracy Prall ruled Thursday that former first lady Cylvia
Hayes must release emails in her private account that relate
to more than 94,000 emails from the Kitzhaber administration
already released by the state. The release of unrelated emails,
however, would violate Hayes’ Fifth Amendment rights.
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July 20-24 — Kids’ Circus Adventure art camp with Kathy
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disability, political beliefs, sexual orientation and marital or family status.
Thank You!
Our family would like to thank everyone who
were there for Joe White’s “Celebration of
Life”. You helped to make some of our
darkest hours brighter by showing your
support. Thank you very much for the
beautiful flowers, many cards, and memorial
contributions. Special thanks to CMH staff
for Joe’s loving care and comfort. Also, to
Pastor Carl Jackson for his words of wisdom
and being there for all of us. We are grateful
to everyone involved in giving us assurance
through this difficult period of time.
You are our angels! Thank you forever and
we love all of you!
The family of
Joe White: Gloria,
Linda, Joyce, Don,
Rhonda, Mike,
Tony, and all the
rest of our family!
Sponsored by
Clatsop Animal
Assistance
CLATSOP COUNTY ANIMAL SHELTER
1315 SE 19th St., Warrenton • 861- PETS
www.dogsncats.org
Noon to 4pm, Tues-Sat
M EMORIAL
D A Y ceremony
May 25, 2015
Memorial services will begin
at 11:00 am
Dropping of the wreaths
by the Coast Guard
Guest speakers
A potluck immediately following the
services at the American Legion —
bring your favorite dish
This Year
A N A VENUE O F C ROSSES & F LAGS
WILL BE DISPLAYED AT THE
O CEAN V IEW C EMETERY .
Crosses & Flags will not be placed
on individual grave sites.
ASTORIA AMERICAN LEGION
1132 Exchange Street • 325-5771