NORTHWEST
East Oregonian
A2
Thursday, September 26, 2019
Environmentalists seek reversal of Hammonds’ grazing permits
By MATEUSZ
PERKOWSKI
Capital Press
BURNS — After win-
ning a court order limiting
grazing, environmentalists
are now seeking to overturn
the federal government’s
grazing authorization for
two Oregon ranchers con-
victed but later pardoned
for arson.
Dwight and Steven Ham-
mond, a father and son who
own a ranch near Diamond,
recovered their grazing
permits in early 2019 after
receiving a full pardon last
year from President Don-
ald Trump for setting fire to
public rangelands.
Both were released from
prison in July 2018 before
completing their full 5-year
mandatory minimum sen-
tences, but they were still
prohibited from running
cattle on four U.S. Bureau
of Land Management allot-
ments near their ranch.
Former Interior Secre-
tary Ryan Zinke, who over-
saw the BLM, decided to
reinstate their grazing per-
mits in January because the
pardons “constitute unique
and important changed cir-
cumstances” that warranted
a reversal of the agency’s
2014 denial of their permit
renewal request.
Several environmental
groups — Western Water-
Capital Press Photo
U.S. District Judge Michael Simon is considering a bid by environmental groups to overturn
Dwight and Stephen Hammond’s grazing permits.
and restricting which areas
they could graze.
The
environmental
plaintiffs have now filed a
motion for summary judg-
ment, asking the judge to
vacate the Hammonds’
grazing permits because
their presidential pardons
“did not alter the conduct,
acts and behavior” that led
up to the denial of their
sheds Project, Center for
Biological Diversity and
Wildearth Guardian — filed
a lawsuit earlier this year
arguing that Zinke’s deci-
sion violated federal envi-
ronmental laws.
In July, U.S. District
Judge Michael Simon issued
an injunction that reduced
how much grass the Ham-
monds’ cattle can consume
Forecast for Pendleton Area
TODAY
FRIDAY
Partly sunny;
breezy
SATURDAY
Partly sunny;
breezy in the p.m.
SUNDAY
Clouds and sun, a
shower; colder
MONDAY
Occasional a.m.
rain and drizzle
grazing permits.
“BLM’s permit nonre-
newal decision did not rely
upon the Hammonds’ arson
convictions alone; it also
relied upon conduct under-
lying the other counts for
which the Hammonds did
not meet the criminal stan-
dard of guilt but could be
held civilly liable,” accord-
ing to the environmentalists.
63° 41°
Six total confirmed
cases in Oregon
this summer
Sun and some
clouds; cool
50° 38°
By JAYSON JACOBY
EO Media Group
51° 32°
47° 33°
HERMISTON TEMPERATURE FORECAST
80° 50°
68° 44°
55° 42°
56° 32°
53° 37°
OREGON FORECAST
ALMANAC
Shown is today’s weather. Temperatures are today’s highs and tonight’s lows.
PENDLETON
through 3 p.m. yest.
HIGH
LOW
TEMP.
Seattle
Olympia
65/52
69/44
78/41
Longview
Kennewick Walla Walla
76/50
Lewiston
66/49
82/48
Astoria
64/52
Pullman
Yakima 78/45
67/47
75/48
Portland
Hermiston
70/52
The Dalles 80/50
Salem
Corvallis
69/46
Yesterday
Normals
Records
La Grande
67/41
PRECIPITATION
John Day
Eugene
Bend
72/47
73/38
71/42
Ontario
78/47
Caldwell
Burns
74°
46°
75°
45°
95° (1952) 26° (1934)
24 hours ending 3 p.m.
Month to date
Normal month to date
Year to date
Last year to date
Normal year to date
Albany
70/45
0.00"
0.15"
0.35"
4.76"
5.15"
6.47"
WINDS (in mph)
77/46
76/33
0.00"
1.11"
0.44"
10.85"
6.52"
8.82"
through 3 p.m. yest.
HIGH
LOW
TEMP.
Pendleton 64/37
71/46
24 hours ending 3 p.m.
Month to date
Normal month to date
Year to date
Last year to date
Normal year to date
HERMISTON
Enterprise
74/47
73/52
69°
45°
74°
47°
99° (1952) 21° (1926)
PRECIPITATION
Moses
Lake
67/49
Aberdeen
68/43
73/48
Tacoma
Yesterday
Normals
Records
Spokane
Wenatchee
67/52
Today
Fri.
Boardman WSW 10-20
Pendleton
W 10-20
Medford
82/54
WSW 10-20
WSW 10-20
SUN AND MOON
Klamath Falls
80/41
Forecasts and graphics provided by AccuWeather, Inc. ©2019
Sunrise today
Sunset tonight
Moonrise today
Moonset today
New
6:47 a.m.
6:46 p.m.
3:45 a.m.
6:10 p.m.
First
Full
BAKER CITY — Two
Baker County residents
have contracted the West
Nile virus from mosquito
bites, officials announced
Tuesday.
The people were not
identified. Nancy Staten at
the Baker County Health
Department declined to
give the gender or age of
the two people, or say what
part of the county they live
in. The health department
also didn’t disclose the con-
dition of the two people and
whether either had been
hospitalized. The virus gen-
erally causes mild flu-like
symptoms, but in rare cases
it can be fatal.
The most recent con-
firmed human cases of West
Nile virus in Baker County
were in 2014, when two
women who live at New
Bridge, about 3 miles north
of Richland, were infected.
High 103° in Santa Rosa, Calif. Low 25° in Bridgeport, Calif.
Sep 28
Oct 5
Oct 13
Oct 21
NATIONAL WEATHER TODAY
Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day.
0s
showers t-storms
10s
rain
20s
flurries
30s
snow
40s
100 degrees and severe
headache, stiff neck, men-
tal confusion, muscle weak-
ness, shaking, paralysis or
rash. People should contact
their health care provider if
experiencing any of these
symptoms.
The incubation period
is usually two to 14 days.
Rarely, infected individu-
als may develop an infec-
tion of the brain or spinal
column that can be severe
or may cause death. This
is especially of concern to
those who have a compro-
mised immune system, or
the elderly.
Dr. Emilio DeBess, vet-
erinarian at the Oregon
Health Authority’s Pub-
lic Health Division, recom-
mends people and animals
be protected against mos-
quito bites.
“It’s very easy for people
to prevent bites from mos-
quitoes that may carry West
Nile virus,” DeBess says.
“Although the risk of con-
tracting West Nile virus is
low, people can take simple
precautions to keep these
insects at bay if they’re
headed outdoors.”
BRIEFLY
Yesterday’s National Extremes: (for the 48 contiguous states)
-0s
Both women recovered.
There have been five
other confirmed cases of
Oregon residents contract-
ing West Nile virus while
in the state — 3 in Harney
County and two in Malheur
County.
Earlier this summer, four
pools of mosquitoes trapped
in Baker County tested
positive for the virus. All
of those mosquitoes were
trapped in the Keating Val-
ley, about 15 miles east of
Baker City.
Health officials are
advising people in Baker
County to take precau-
tions against mosquitoes to
avoid the risk of infection,
including preventing mos-
quito bites. West Nile Virus
is transmitted by the bite of
infected mosquitoes.
About 1 in 5 infected peo-
ple may show signs of West
Nile virus. People at risk of
serious illness include indi-
viduals 50 and older, and
people with immune-com-
promising conditions, such
as diabetes and high blood
pressure.
West Nile symptoms
may include fever above
Last
NATIONAL EXTREMES
-10s
effects of the proposed
action,” the motion said.
Capital Press was unable
to reach Dwight or Steven
Hammond, or the attor-
ney representing the federal
government in the lawsuit.
In 2012, a federal jury
convicted both the ranch-
ers for igniting a 2001 fire
that burned about 140 acres,
while Steven Hammond
was also found guilty of set-
ting a 2006 fire that spread
onto an acre of federal
property.
The federal judge over-
seeing the case determined
that the mandatory mini-
mum 5-year sentences for
arson would be “grossly
disproportionate to the
severity of the offenses
here” and ordered Steven
Hammond to spend one
year behind bars, while
his father was sentenced to
three months.
After the Hammonds
had completed their prison
terms, however, the 9th U.S.
Circuit Court of Appeals
ruled they should have been
sentenced to the full 5-year
minimum terms.
When the ranchers
reported back to prison
in January 2016, protests
against the decision cul-
minated in the occupa-
tion and standoff at the
Malheur National Wild-
life Refuge that attracted
nationwide attention.
West Nile confirmed in Baker County
PENDLETON TEMPERATURE FORECAST
74° 47°
The plaintiffs argue that
BLM’s reinstatement of
the grazing permits vio-
lated the Federal Land Pol-
icy and Management Act,
or FLPMA, which requires
“satisfactory record of per-
formance and substantial
compliance with federal
regulations” that the Ham-
monds lack.
The agency also violated
the National Environmen-
tal Policy Act, or NEPA,
by granting a “categorical
exclusion” — known as a
CX — that exempted the
permit renewals from an
environmental assessment
or a more thorough environ-
mental impact statement,
according to the plaintiffs.
“The agency’s unsup-
ported conclusion that there
are no potentially signif-
icant impacts to ecologi-
cally significant areas can-
not justify use of the CX,”
the motion said.
The BLM should have
analyzed the effects of
renewed grazing on the
greater sage grouse, range-
land health standards, inva-
sive weeds and fire prob-
lems, the groups argue.
“Vacatur of an unlaw-
ful NEPA decision is vital
because it forces the agency
to make a new decision,
after a public comment pro-
cess, properly informed by
full disclosure of the envi-
ronmental baseline and
50s
ice
60s
cold front
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Oregon, Washington to begin
building I-5 bridge by 2025
DHS announces new child
welfare program director
PORTLAND — Federal highway offi-
cials have endorsed an accelerated timeline
proposed by Oregon and Washington trans-
portation officials that sets the two states on
a fast track toward construction of a new
Interstate 5 bridge by 2025.
The Oregonian/OregonLive reported
that last month the two states requested
a 10-year extension on their timeline to
show progress on the bridge project or face
repaying nearly $140 million in planning
costs tied to the Columbia River Crossing
Project.
That request would’ve given the states
until Sept. 30, 2029, to either start buying
up right-of-way or begin construction on
the I-5 project.
While seeking a decade delay, the
states simultaneously suggested a series
of aggressive milestones, including reini-
tiating an environmental review of a pro-
posed project in spring 2020 and starting
construction in the summer of 2025.
SALEM — The Oregon
Department of Human Ser-
vices announced Wednesday
that Rebecca Jones Gaston
will be the new director for
its Child Welfare Program.
Jones Gaston is currently
Gaston
the executive director of the
Social Services Administra-
tion in Maryland.
She’s replacing Oregon’s former child wel-
fare director Marilyn Jones. She retired after a
series of scandals including reports of Oregon
foster care children who were sent to out-of-
state facilities and never received visits from
caseworkers.
This spring, Gov. Kate Brown created a
new oversight board in an attempt to solve the
state’s child welfare crisis.
Jones Gaston will begin her new position
Nov. 4. She’s been working in human services
and child welfare for more than 22 years.
— The Oregonian and Associated Press
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