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
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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.
And while department
analysts have narrowed what
options to consider, they con-
tinue to examine how best
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Whitman said he’s work-
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Brown to design the most
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However, if the governor
sidesteps lawmakers and
imposes new regulations, she
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In two years, Whitman
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