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A3 THE ASTORIAN • THURSDAY, AUGUST 22, 2019 Tillamook Creamery hit with lawsuit over marketing Animal rights group sues over milk claims By MATEUSZ PERKOWSKI Capital Press The Tillamook County Creamery Association has vowed to “aggressively defend” against an animal rights lawsuit that claims the company deceives consum- ers with its marketing. The dairy coopera- tive is accused in the law- suit of unjustly enriching itself and violating Oregon trade practices law by tout- ing small family farms with pasture-raised cows when most of its milk is sourced from the “most industrial- ized dairy factory farm in the country.” About two-thirds of the creamery’s milk comes from 32,000 dairy cows raised at Threemile Canyon Farms’ facility in Boardman, “where An animal rights group has sued the Tillamook Creamery. cows are continuously con- fi ned, milked by robotic car- ousels, and affl icted with painful udder infections,” the lawsuit alleges. The complaint was fi led by the Animal Legal Defense Fund, a nonprofi t group, on behalf of four Oregon women who bought Tilla- mook cheese, ice cream, yogurt, sour cream and but- ter because they wanted to support farmers in that region while avoiding “an industrially produced, facto- ry-farmed product.” While the company adver- tises its dairy products as being produced in Tillamook County with “small-scale tra- ditional farming methods,” it’s heavily reliant on a dis- tant “mega dairy” that’s large enough to be “visible from space,” the complaint said. The plaintiffs are seek- ing class-action status for the lawsuit, which would allow numerous other Oregon con- sumers to join in the litiga- tion. After a legally required 30-day waiting period, they plan to amend the com- plaint to seek about $200 per Oregon class member in damages. Their lawsuit also requests an injunction against further “unlawful practices.” In a written statement, the Tillamook creamery has characterized the Ani- mal Legal Defense Fund as an “anti-dairy” group that “actively advocates for peo- ple to cut all dairy products from their diets.” The creamery said that 80 farm families in Tilla- mook County not only pro- vide milk but “actually own and lead the company” and “only work with business partners that share our values and live up to our extremely high standards.” “Our farmer-owners and suppliers all take good care of their animals not only because it is their livelihood, but because it is the right thing to do,” the statement said. The company said it’s proud of its 20-year rela- tionship with the Colum- bia River Dairy — a part of Threemile Canyon Farms — due to its track record with “environmental steward- ship and sustainable agricul- ture.” A recent animal wel- fare audit recently gave the dairy a 100% positive score, the statement said. “The size of the farm does not dictate the quality of care,” the statement said. Gov. Brown looks to executive action on climate change Studying options for more than a year By AUBREY WIEBER Oregon Capital Bureau SALEM — For more than a year, Gov. Kate Brown’s environmental agency has been assessing how the gov- ernor could mandate lower greenhouse gas emissions without voter or legislative approval, according to inter- views and public records. Brown has said she’s will- ing to act with her executive authority if lawmakers and industry don’t reach agree- ment on ways to limit green- house gas emissions over the next several decades. Her spokeswoman, Kate Kondayen, reiterated that point, saying that Brown would rather see legislative action. “The governor has been meeting with stakeholders from the agricultural sec- tor, transportation sector, and wood products industries throughout the summer and will continue to do so into the fall to ensure that the policy benefi ts rural Oregon while allowing rural Oregon indus- tries to remain competitive,” Kondayen said in a statement. “In the meantime, she has instructed her team and agen- cies to explore all options to achieve Oregon’s emissions reduction goals.” Kondayen didn’t oth- erwise respond to written questions. Richard Whitman, direc- tor of the state Department of Environmental Qual- ity, said his agency started talking with the governor’s staff a little more than a year ago, exploring what options were available. Those efforts were sidelined as momentum picked up ahead of the 2019 Legislature for a compre- hensive carbon-capping pro- gram. The costly and contro- versial legislation setting the program in place famously failed in the fi nal week of the session. The Department of Envi- ronmental Quality , respond- ing to a public records request, released 39 emails from October 2017 to last June documenting commu- nication between Brown’s offi ce and the department regarding curbing emissions outside of legislative action. charging stations. overall emissions reduction Much of the correspondence Whitman said the main being done in the most effi - regarded suing the U.S. Envi- focus of the agency’s pro- cient way. ronmental Protection Agency posal is on capping industrial Brown’s potential exec- to ensure Oregon maintains emissions. And while execu- utive action is likely to draw the authority to use executive tive action can be extremely political fi re. powers to regulate powerful, it lacks the “I am severely disap- polluters. nuance afforded by pointed with the governor An outline of the the legislative pro- wanting to move forward potential executive cess, he said. with executive action, when actions available to Going the legisla- the Legislature clearly did the governor was tive route allows the not get the cap-and-trade pro- sent by Whitman to state to be less restric- gram right,” said state Rep. Brown’s advisers and tive of industry, giv- David Brock Smith, R-Port Kate Brown a state Department ing it the best “bang Orford. Brock Smith served of Justice fi ve days for its buck,” Whit- as co-vice chair of the joint before the legislative session man said. committee that studied the ended without a carbon emis- In 2019, lawmakers devel- issue and produced the cap- sions policy passing. oped a policy were a cap and-trade legislation — Brown had no desire to on carbon came alongside House Bill 2020. let the work and momen- “allowances” equal to 1 ton of Brown has been quiet on tum behind a carbon-capping pollution. Those allowances the issue since holding her program fi zzle. Less than 24 would have been purchased press conference in June. hours after the session closed, from the state at auction and “The really major issue she called reporters into her then would have become a here is that if Oregon DEQ offi ce and threatened to use commodity for the holders, as were to proceed with a pro- her executive powers to lower they could be resold or traded. gram, particularly around carbon emissions. Lawmakers also designed capping industrial emissions Immediately, the Depart- a system to give free allow- or fuels … it likely would be ment of Environmental Qual- ances to companies that kind of a blunt instrument, ity resumed its work vetting would struggle to compete frankly,” Whitman said. those options. on a national or global scale ‘Climate crisis’ Whitman said his offi ce is under the new regulations. Brad Reed, the spokesman in weekly, if not daily, com- The policy would have also munication with Brown’s allowed companies to invest for the environmental coa- staff on the effort. in “offsets,” like preserving lition, Renew Oregon, said “We are on a pretty steady timber stands rather than buy- action is needed now. Renew Oregon was one of the chief pace working on these issues ing allowances. at this point,” he said. Executive action does not proponents for cap and trade , afford that level of creativ- but Reed said executive Declining cap ity. More or less, Brown is action could be a start. The June 25 internal doc- allowed to limit emissions, “The governor should do ument outlines a gradu- but is more handcuffed in everything she can to combat ally declining cap on indus- helping industry make the the climate crisis,” he said. trial emissions and fossil fuel transition. Reed said after her importers, strengthening Ore- Brown has not said how announcement, Brown met gon’s low-carbon fuel stan- extreme the new emission with Renew Oregon’s policy dard and increasing access to regulations could be, but any analysts to go over the most public transit and promoting change would likely impact effective ways to use agency biking and walking. business, and in turn could authority to cut down on The department also out- impact consumers and the emissions. lined ways to strengthen reg- overall economy. Reducing pollution was ulations on landfi lls to lower Whitman said executive only one part of the legislative methane emissions, as well orders might not result in the plan, though. The cap-and- as more strictly regulat- ing dairies, expanding vehi- cle inspection programs so that medium-duty trucks are Alder and Maple Saw Logs & Standing Timber inspected twice per year and requiring newly built build- Northwest Hardwoods • Longview, WA ings include electric vehicle Contact: John Anderson • 360-269-2500 trade program would have generated millions for climate projects around the state. That also becomes more diffi cult with execu- tive action. The Department of Environmental Quality could raise money through increased fees for things like industrial or agricultural per- mits, but that would require legislative approval. “I think it’s highly unlikely that we would be able to oper- ate a program that generates revenue for things that reduce greenhouse gas emissions,” Whitman said. 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