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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Nov. 30, 2018)
3A THE DAILY ASTORIAN • FRIDAY, NOVEMBER 30, 2018 Supreme Court partially Large earthquake rocks answers legal question buildings in Anchorage about critical habitat Associated Press ANCHORAGE — A 6.6 magnitude earthquake rocked buildings this morn- ing in Anchorage and caused lamp posts and trees to sway, prompting people to run out of offices and seek shelter under office desks. The U.S. Geological Sur- vey says the earthquake was The fate of a gopher frog By MATEUSZ PERKOWSKI Capital Press back into the streets again. Shortly after the quake, a tsunami warning was issued for the southern Alaska coastal areas of Cook’s Inlet and part of the Kenai peninsula. The warning means tsu- nami waves were expected. The U.S. Geological Sur- vey initially said it was a 6.7 magnitude earthquake and then reduced the magnitude to 6.6. Feds threaten to sue Washington state to block Hanford worker comp Associated Press U.S. Fish and Wildlife Service The dusky gopher frog is endangered. nary understanding of how adjectives work, ‘critical habitat’ must also be ‘habi- tat,’” according to the unan- imous decision, which was written by Chief Justice John Roberts. However, that finding doesn’t put an end to the matter because the U.S. Fish and Wildlife Service dis- putes Weyerhaeuser’s claim that the frog can’t currently survive on the 1,500 acres. Instead of resolving this question, the Supreme Court has instead sent the case back to the 5th Circuit to consider what qualifies as habitat. “That is no baseline defi- nition of habitat — it iden- tifies only certain areas that are indispensable to the con- servation of the endangered species,” the ruling said. “The definition allows the secretary to identify the sub- set of habitat that is critical, but leaves the larger cate- gory of habitat undefined.” Some other of Weyer- haeuser’s arguments regard- ing the critical habitat desig- nation’s economic impacts have also been remanded to the 5th Circuit. Specifically, the company claimed the federal govern- ment should have consid- ered the specific impacts of the designation on those 1,500 acres, rather than the entirety of the frog’s critical habitat, which included sites in Mississippi it inhabits. Also, the company argued the U.S. Fish and Wildlife Service should have considered more than the $34 million cost of lost development rights, such as the lost tax revenues for the local government and the cost of modifying the habitat. WANTED Alder and Maple Saw Logs & Standing Timber Northwest Hardwoods • Longview, WA RICHLAND, Wash. — The federal government is threatening to sue Washington state to block recent legislation that helps workers at a former nuclear weapons production site win compensation claims for illnesses. The U.S. Department of Jus- tice recently informed Gov. Jay Inslee that the law violates the supremacy clause of the U.S. Constitution because it “purports to directly regulate” the federal government and discriminates against it and its contractors. The Seattle Times reported the letter to Inslee warned of legal action if a settlement can- not be reached by today. The letter represents the Trump administration’s dis- pleasure with a state law passed last spring to help Han- ford workers who fell sick, the newspaper reported. Hanford for decades made plutonium for nuclear weap- ons and thousands of workers are now engaged in the dan- gerous work of cleaning up the resulting radioactive waste. The site is located near Rich- land, Washington. The Department of Energy, which operates Hanford, is a self-insured employer and pays out claims. The state Department of Labor & Indus- tries makes the final determi- nation on any cases that are appealed by Hanford workers. Under the new law passed this year, some cancers and other illnesses are assumed to be due to chemical or radiological expo- sures at Hanford, unless that pre- sumption can be rebutted by clear and convincing evidence. Representatives for Ins- lee and state Attorney Gen- eral Bob Ferguson, both Dem- ocrats, said they were willing to discuss the new law with the federal government, but were unwilling to suspend enforcement. Astoria Band Boosters CAN & BOTTLE DRIVE HAS BEEN POSTPONED UNTIL SUNDAY, DECEMBER 9 TH Ch ec k th e L a b e l ! The question of whether critical habitat must actually be inhabitable by a threat- ened or endangered species has been partially answered by the U.S. Supreme Court. The ruling pertains to the dusky gopher frog, an endangered amphibian his- torically found in the South, but agriculture advocates argue such designations would affect farm and for- estland elsewhere. About 1,500 acres in Louisiana were designed as critical habitat for the spe- cies, even though the prop- erty would need to be sig- nificantly modified to be suitable for the frog. While the property does contain five seasonal ponds that could serve as breeding habitat for the species, the upland forests are too dense for the frog. Weyerhaeuser and other affected landowners feared the designation would pre- vent development of the property and challenged the U.S. Fish and Wildlife Ser- vice’s decision in court. The critical habitat des- ignation was affirmed by a federal judge and the 5th U.S. Circuit Court of Appeals upheld that ruling. The nation’s highest court has now overturned the 5th Circuit’s opinion, ruling that only the actual habitat of a threatened or endangered species can be designated as critical. “According to the ordi- centered about 7 miles north of Alaska’s largest city. An Associated Press reporter working in down- town Anchorage saw cracks in a 2-story building after the quake. It was unclear whether there were injuries. People went back inside buildings after the earthquake but a smaller aftershock a short time later sent them running P LEASE , NO EARLY DROP - OFFS Items must have the 10 cent, OR redemption label in order to benefit the band programs The Band Boosters are the primary source of funds to keep Astoria’s school band programs functioning. Please help by dropping off your empties or making a donation. Contact: John Anderson • 360-269-2500 OSAKI PRO ALPINA Call (503) 791-8134 or email i_want_to_help@astoriabands.org for more information. The Astoria City Council wishes everyone a JOYOUS HOLIDAY SEASON! Enjoy the lights and holiday festivities while shopping Downtown Astoria! www.astoriadowntown.com FRIDAY, NOVEMBER 23 rd - WEDNESDAY, JANUARY 2 ND Customers can park downtown longer than the posted time limit, except in metered spaces. 3D MASSAGE CHAIR ORDER NOW THROUGH DECEMBER 7 TH FOR CHRISTMAS DELIVERY! $ 3299 (REG. $4299) Promo Ends 12/7/18) $ S E N D I N G YO U W A R M W I S H E S 1000 OFF Happy Holiday s Warm Wishes From our family to yours, wishing you a double dose of health and happiness topped with good for tune. 3D L TRACK • ZERO GRAVITY • FITS USERS 5’ UP TO 6’6” BLUETOOTH FOR CALLS/MUSIC • FOOT ROLLERS • SPACE SAVER HEATED TO LUMBAR, SEAT, CALVES • TOUCH SCREEN REMOTE OTHER MASSAGE CHAIRS FROM $ 599 WE WILL MATCH ANY COMPETITOR PRICE! 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