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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (June 11, 2016)
NORTHWEST East Oregonian Page 2A Saturday, June 11, 2016 Clean Water Act ruling improves Lawmakers plan government accountability, experts say statewide meetings on transportation under the agency’s jurisdiction than seek costly Clean Water Act permits or abandon their projects. The federal government argued that landowners are free to ignore a jurisdictional deter- mination and then ight the U.S. Environmental Protection Agency when defending against an enforcement action. Chief Justice John Roberts, in his opinion for the court, dismissed the claim that land- owners must expose them- selves to sanctions to question the government’s conclusions. “Respondents need not assume such risks while waiting for EPA to ‘drop the hammer’ in order to have their day in court,” Roberts said. The practical effect is that federal agencies will need a solid scientiic basis that private property has a “signif- icant nexus” with waterways protected by the Clean Water Act, said Hopper, who argued the Supreme Court case on behalf of the Hawkes Co., which was blocked from extracting peat moss from its wetlands. “The Corps is going to have to get its ducks in a row. It’s going to have to provide data By MATEUSZ PERKOWSKI EO Media Group A recent U.S. Supreme Court ruling on the Clean Water Act gives landowners the power to challenge the federal government’s determi- nation of whether their prop- erty is subject to restrictions. With federal oficials facing a new source of lawsuits after the unanimous ruling on May 30, they must now do a better job justifying their conclu- sions, legal experts say. “The cavalier attitude toward asserting authority under the Clean Water Act we hope will change,” said Reed Hopper, an attorney with the Paciic Legal Foundation, a public interest legal organiza- tion. The nation’s highest court rejected arguments by the U.S. Army Corps of Engineers that its “jurisdictional determina- tions” can’t be challenged in court because they’re merely advisory opinions that prop- erty is subject to the Clean Water Act. The ruling is a victory for farmers and other landowners who would rather sue to prove their property doesn’t fall government that its theories of Clean Water Act jurisdiction are subject to checks and balances, said Danielle Quist, senior counsel for public policy at the American Farm Bureau Federation. “There hasn’t been a lot of sunshine on how the Corps determines its jurisdiction,” she said. Enforcement of the Clean Water Act is problematic because it’s often unclear what’s a violation of the statute, Quist said. “There are due process concerns if you don’t know what’s expected of you or what is lawful or unlawful, and when there’s criminal penalties involved,” she said. It is possible that federal agencies will simply stop offering “jurisdictional determinations” when they’re requested by landowners, since no statute requires such decisions, Funk said. However, that isn’t likely because the government beneits from the process, since landowners volun- tarily turn over information instead of forcing federal agencies to compile data themselves, he said. to support its decision that this is a water of the U.S.,” he said. In the Hawkes case, the government required the company to obtain a Clean Water Act permit because the wetland allegedly had a “signiicant nexus” with a river 120 miles away. William Funk, a professor at Lewis & Clark Law School, said he’s an environmentalist but agrees with the Supreme Court that it’s wrong to use jurisdictional determinations for the “power of extortion.” While obtaining a Clean Water Act permit is expensive, “litigation isn’t cheap, either,” he said. Landowners aren’t likely to ile lawsuits over jurisdictional determinations “willy-nilly,” but the prospect of litigation will force the government to be more careful than it other- wise would be, Funk said. The Supreme Court’s ruling was “pretty predictable” in light of its 2012 decision that EPA “compliance orders” — which forced landowners to remediate alleged Clean Water Act violations — are review- able in federal court, he said. In the most recent case, the Supreme Court told the By PARIS ACHEN Capital Bureau A joint legislative committee charged with developing a transportation package for the 2017 session is headed across Oregon to hear from constituents, business and local leaders about regional needs. The Joint Committee on Transportation Preser- vation and Modernization will conduct nine meetings around the state in the next three months to gather feedback and to build support for the package. The package could entail generating additional revenue to pay for proj- ects. Lawmakers on the committee said they also plan to use the road trip to visit transportation trouble spots and help determine priorities for funding. “We want to hear from Oregonians about their transportation priorities,” said Rep. Lee Beyer, D-Springield, the commit- tee’s co-chairperson. “This tour will give us the chance to discuss shipping routes with business owners, trafic low with commu- nity leaders and congestion with commuters. It will provide the information we need to create the right statewide transportation for all of Oregon.” The announcement of the committee’s tour dates in May 18 followed the release of a report by Governor’s Transportation Vision Panel. The report outlined state transporta- tion needs and involved a similar road trip to glean feedback from around the state. The difference between that group and the legisla- tive committee is that the visioning panel focused BRIEFLY Alleged bike thief lassoed by rancher in Wal-Mart parking lot Evacuation levels lowered; Akawana ire 44 percent contained EAGLE POINT (AP) — Police say a man allegedly trying to steal a bicycle was lassoed by a rancher in the parking lot of a Wal-Mart in southwestern Oregon. The Medford Mail Tribune reports 28-year-old Robert Borba was at the store getting dog food Friday morning when he heard a woman screaming that someone was trying to steal her bicycle. The Eagle Point rancher says he quickly got his horse out of its trailer, grabbed a rope, rode over and lassoed the man and bike. Eagle Point police Sgt. Darin May says police arrived and found a lassoed man and bike on the ground in the parking lot. Police arrested Victorino Arellano- Sanchez, whom they described as a transient from the Seattle area, on a theft charge. BEND (AP) — The Oregon Department of Forestry says it has lowered evacuation notices for many homes near a wildire in central Oregon. The Akawana ire was ignited by lightning Tuesday and grew to 2,000 acres north of the town of Sisters, near Lake Billy Chinook. On Friday, the forestry department said it is now 44 percent contained. Level two evacuation notices — which means to be set to go at a moment’s notice — have been lowered to level one in a subdivision but some other homes remain at level two. The department says its ire-behavior analyst, Mike Haasken, told ireighters that forest fuels remain very dry despite cooler weather. Fireighters using hand tools and a bulldozer have established containment lines and will be strengthening them, and mopping up hot spots. Oregon registers 68,500 voters under “motor voter” PORTLAND (AP) — Roughly 68,500 Oregonians have been automatically registered to vote under the state’s new “motor voter” law. That’s an average 13,700 new voters a month through May, a big jump from the 2,000 per month Oregon typically saw before the automatic voter registration system kicked in Jan. 1. The program automatically registers people to vote when they apply for or renew a driver’s license or state ID card, and on Friday state elections oficials began rolling out its second and inal phase. Phase two involves mailing registration paperwork to another 145,000 residents who interacted with the motor vehicle department in the two years before motor voter went into effect. Oregon was the irst state to put a motor-voter law into effect and others are now following suit. Didn’t receive your paper? Call 1-800-522-0255 before noon Tuesday through Friday or before 10 a.m. Saturday for same-day redelivery — Founded Oct. 16, 1875 — 211 S.E. Byers Ave., Pendleton 541-276-2211 333 E. Main St., Hermiston 541-567-6211 Ofice hours: Monday through Friday, 8 a.m. to 5 p.m. Closed major holidays To subscribe, call 1-800-522-0255 or go online to www.eastoregonian.com and click on ‘Subscribe’ East Oregonian (USPS 164-980) is published daily except Sunday, Monday and Dec. 25, by the EO Media Group, 211 S.E. Byers Ave. Pendleton, OR 97801. Periodicals postage paid at Pendleton, OR. Postmaster: send address changes to East Oregonian, 211 S.E. Byers Ave. Pendleton, OR 97801. Single copy price: $1 Tuesday through Friday, $1.50 Saturday Copyright © 2016, EO Media Group REGIONAL CITIES Forecast SUNDAY TODAY Clouds and sunshine Pleasant and warmer 70° 45° 78° 51° MONDAY TUESDAY Partly sunny; breezy in the p.m. Rather cloudy Intervals of clouds and sunshine PENDLETON TEMPERATURE FORECAST 76° 48° 67° 45° 62° 47° HERMISTON TEMPERATURE FORECAST 75° 46° 82° 51° PENDLETON through 3 p.m. yesterday TEMPERATURE HIGH LOW 63° 76° 104° (1910) 51° 51° 31° (1897) PRECIPITATION 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date 0.28" 0.38" 0.55" 5.97" 4.99" 7.10" HERMISTON through 3 p.m. yesterday TEMPERATURE Yesterday Normals Records HIGH LOW 71° 78° 100° (1934) 55° 52° 38° (1938) PRECIPITATION 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date 0.04" 0.12" 0.25" 4.35" 3.14" 5.39" SUN AND MOON Sunrise today Sunset tonight Moonrise today Moonset today First Full 71° 46° 5:05 a.m. 8:45 p.m. 12:16 p.m. 12:48 a.m. Last New Spokane Wenatchee 63/43 71/49 Tacoma Moses 65/47 Lake Pullman Aberdeen Olympia Yakima 72/45 63/39 60/49 65/45 73/43 Longview Kennewick Walla Walla 63/47 70/49 Lewiston 75/45 Astoria 71/47 63/49 Portland Enterprise Hermiston 66/51 Pendleton 61/37 The Dalles 75/46 70/45 71/48 La Grande Salem 65/38 68/48 Albany Corvallis 67/46 69/46 John Day 64/40 Ontario Eugene Bend 75/46 68/43 63/35 Caldwell Burns 72/45 65/30 July 4 Astoria Baker City Bend Brookings Burns Enterprise Eugene Heppner Hermiston John Day Klamath Falls La Grande Meacham Medford Newport North Bend Ontario Pasco Pendleton Portland Redmond Salem Spokane Ukiah Vancouver Walla Walla Yakima Hi 63 62 63 61 65 61 68 67 75 64 70 65 62 77 60 64 75 75 70 66 66 68 63 60 64 70 73 Lo 49 32 35 49 30 37 43 43 46 40 38 38 32 47 46 49 46 44 45 51 33 48 43 35 49 49 43 W sh pc pc pc s sh pc pc pc pc s pc pc s pc pc pc pc pc sh pc pc pc pc sh pc pc Hi 64 72 74 68 74 70 77 76 82 77 78 74 71 85 61 65 81 81 78 74 77 77 70 71 72 77 80 Today Beijing Hong Kong Jerusalem London Mexico City Moscow Paris Rome Seoul Sydney Tokyo Lo 63 81 61 57 57 48 57 64 69 51 69 W pc t s pc t sh t pc pc s pc Lo 50 37 39 49 37 42 45 47 51 48 39 45 40 50 47 52 48 49 51 51 39 48 49 40 50 54 48 W c s s pc s pc pc s s s s s s s pc pc s s s pc s pc pc s pc s pc Sun. Hi 92 91 81 66 73 56 65 77 81 64 78 (in mph) Klamath Falls 70/38 Boardman Pendleton Lo 70 82 66 56 57 46 56 61 64 52 67 W s sh s sh t sh sh t c pc c REGIONAL FORECAST Coastal Oregon: A brief shower or two today; in the morning in central parts, any time across the north. Eastern and Central Oregon: Partly sunny today; cooler but pleasant in the south. Eastern Washington: Clouds and sun today; a shower in the north, near the Idaho border and in the mountains. Cascades: A shower during the morning; otherwise, some sun today. Warmer in the south. Northern California: Sunshine and patchy clouds today. Mainly clear tonight. Mostly sunny tomorrow. Today Sunday WSW 8-16 WSW 8-16 WSW 6-12 W 4-8 UV INDEX TODAY Shown is today’s weather. Temperatures are today’s highs and tonight’s lows. 2 5 7 7 5 COMMERCIAL PRINTING Production Manager: Mike Jensen 541-215-0824 • mjensen@eastoregonian.com Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day. WORLD CITIES Hi 89 89 76 68 73 59 66 77 82 68 80 NEWS • To submit news tips and press releases: • call 541-966-0818 • fax 541-276-8314 • email news@eastoregonian.com • To submit community events, calendar items and Your EO News: email community@eastoregonian.com or call Tammy Malgesini at 541-564-4539 or Renee Struthers in at 541-966-0818. • To submit engagements, weddings and anniversaries: email rstruthers@eastoregonian.com or visit www.eastoregonian. com/community/announcements • To submit a Letter to the Editor: mail to Managing Editor Daniel Wattenburger, 211 S.E. Byers Ave. Pendleton, OR 97801 or email editor@eastoregonian.com. • To submit sports or outdoors information or tips: 541-966-0838 • sports@eastoregonian.com NATIONAL WEATHER TODAY Sun. WINDS Medford 77/47 Western Washington: A couple of showers today. June 12 June 20 June 27 69° 49° Seattle 63/51 ALMANAC Yesterday Normals Records 80° 53° Today WEDNESDAY Classiied & Legal Advertising 1-800-962-2819 or 541-278-2678 classiieds@eastoregonian.com or legals@eastoregonian.com Multimedia Consultants • Jeanne Jewett 541-564-4531 • jjewett@eastoregonian.com • Terri Briggs 541-278-2678 • tbriggs@eastoregonian.com • Dayle Stinson 541-966-0806 • dstinson@eastoregonian.com • Stephanie Newsom 541-278-2687 • snewsom@eastoregonian.com • Audra Workman 541-564-4538 • aworkman@eastoregonian.com • Chris McClellan 541-966-0802 • cmcclellan@eastoregonian.com • Amanda Jacobs 541-278-2863 • ajacobs@eastoregonian.com SUBSCRIPTION RATES Local home delivery Savings off cover price EZPay $14.50 41 percent 52 weeks $173.67 41 percent 26 weeks $91.86 38 percent 13 weeks $47.77 36 percent *EZ Pay = one-year rate with a monthly credit or debit card/check charge www.eastoregonian.com Corrections The East Oregonian works hard to be accurate and sincerely regrets any errors. If you notice a mistake in the paper, please call 541-966-0818. ADVERTISING Advertising Director: Jennine Perkinson 541-278-2683 • jperkinson@eastoregonian.com Subscriber services: For home delivery, vacation stops or delivery concerns: 1-800-522-0255 on addressing broad trans- portation needs over the next 30 years, said Lindsey O’Brien, spokeswoman for House Speaker Tina Kotek, D-Portland. “This work is more about in the near-term and what investment can the Legislature make in 2017 that will make a difference across the state,” O’Brien said. Another difference is that the panel met exclusively with stakeholders in the transportation arena, said Gregg Kantor, co-chairman of the visioning panel and chief executive oficer of Northwest Natural. The legislative committee meetings are open to the public. “Hopefully, our report will serve as a framework for the work they’re doing,” Kantor said. The visioning panels’ charge was to assess the condition of the state’s roads, bridges and transit systems, identify actions that would address the state’s needs in the next four years and develop a 30-year plan for transporta- tion improvements. Five of the panel’s 34 members were lawmakers who now sit on the 14-member joint legisla- tive committee traveling the state and developing a transportation package for 2017. “Fundamentally, what the Legislature is doing is going around and probably afirming what they heard with the visioning panel,” said Sen. Betsy Johnson, D-Scappoose, who is a member of both trans- portation groups. “We’re explaining why this is so complicated. We’re talking to local folks about what their needs are, eliciting support for a package.” 2 8 a.m. 10 a.m. Noon 2 p.m. 4 p.m. 6 p.m. 0-2, Low 3-5, Moderate 6-7, High; 8-10, Very High; 11+, Extreme The higher the AccuWeather.com UV Index™ num- ber, the greater the need for eye and skin protection. Forecasts and graphics provided by AccuWeather, Inc. ©2016 -10s -0s showers t-storms 0s 10s rain 20s flurries 30s 40s snow ice 50s 60s cold front 70s 80s 90s 100s warm front stationary front 110s high low National Summary: Severe storms will affect parts of the Northeast as more downpours drench Florida today. Sweltering conditions are forecast for the Central and Southeastern states as cooler air slowly invades the West. Yesterday’s National Extremes: (for the 48 contiguous states) High 102° in Las Vegas, Nev. Low 31° in Tuolumne Meadows, Calif. NATIONAL CITIES Today Albuquerque Atlanta Atlantic City Baltimore Billings Birmingham Boise Boston Charleston, SC Charleston, WV Chicago Cleveland Dallas Denver Detroit El Paso Fairbanks Fargo Honolulu Houston Indianapolis Jacksonville Kansas City Las Vegas Little Rock Los Angeles Hi 88 93 81 93 82 94 72 72 91 94 93 93 91 91 93 95 67 85 84 88 92 89 92 96 93 74 Lo 64 73 72 71 53 73 47 61 74 68 63 63 76 62 63 74 52 67 73 74 73 69 72 75 74 61 W t s t t t t pc pc pc pc t t t pc t t c s pc t pc pc s pc pc pc Sun. Hi 90 94 87 90 77 91 78 74 96 87 73 73 92 81 79 96 66 90 85 89 90 93 93 94 90 73 Lo 64 74 62 58 53 73 51 55 76 55 58 54 76 57 56 74 54 59 75 74 68 72 73 73 74 60 Today W pc t s s s t s pc s pc pc pc t t pc pc r t pc t pc pc s s pc pc Hi Louisville 95 Memphis 96 Miami 89 Milwaukee 91 Minneapolis 91 Nashville 97 New Orleans 90 New York City 82 Oklahoma City 91 Omaha 98 Philadelphia 90 Phoenix 103 Portland, ME 69 Providence 72 Raleigh 93 Rapid City 99 Reno 77 Sacramento 90 St. Louis 96 Salt Lake City 77 San Diego 68 San Francisco 76 Seattle 63 Tucson 98 Washington, DC 94 Wichita 94 Lo 72 76 76 59 68 72 77 70 71 74 72 78 55 61 72 61 54 59 76 57 63 55 51 72 75 72 W pc s t t s s t t pc s t pc pc t pc pc pc s s t pc s sh pc c s Sun. Hi 95 91 89 68 85 95 90 82 91 97 89 102 68 77 97 80 79 90 97 79 70 74 69 99 91 94 Lo 73 75 76 57 69 71 76 58 73 72 61 76 50 55 67 54 53 56 76 61 62 55 51 71 62 73 Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow flurries, sn-snow, i-ice. W pc pc t pc t s pc pc t s pc s t pc pc pc t s s t pc pc c s s t
