A4
Opinion
Blue Mountain Eagle
Wednesday, June 15, 2016
Supreme Court
ruling thwarts
tyranny of regulators
W
e’ve been hearing a
lot since the passing
of Justice Antonin
Scalia about how the country
isn’t being served by an eight-
member, divided Supreme
Court.
Well, the surviving
brethren recently served
the country well, issuing an
unanimous opinion giving
property owners the right to
challenge in court regulatory
determinations that their
properties are subject to the
Clean Water Act.
In U.S. Army Corps of
Engineers v. Hawkes Co.,
the question of judicial
review rests on whether a
determination by the U.S.
Army Corps of Engineers
that it has jurisdiction over
property under the Clean Water
Act is a fi nal agency action
subject to challenge, or merely
an opinion a property owner
can consider and disregard,
albeit at future peril.
The court rightly found
that such a determination is a
statement of the government’s
intention to take action if
disobeyed and is subject to
judicial review.
Hawkes Co. planned to
mine peat moss on wetland
property it owned in
Minnesota. After numerous
meetings with the company
and visits to the site, the
Corps concluded that there
was a significant nexus
between the site and the Red
River of the North, waters
of the U.S. as defined by the
Clean Water Act, some 120
miles away.
It made a jurisdictional
determination that a permit
would be required before the
company could move forward.
According to the Corps,
this left Hawkes with only
three options. It could
abandon the project. It
could perform the expensive
and time-consuming
environmental impact studies
and apply for a permit. It
could ignore the determination
and proceed with the project
and defend itself if (or when)
the Environmental Protection
Agency — the muscle in these
cases — prosecuted.
What it could not do is
contest the determination
in court. According to the
Corps, its jurisdictional
determination was not a
final government action
under the Administrative
Procedures Act because it
neither compelled Hawkes to
do anything, nor restricted its
actions.
That contorts both logic
and the language. No one
in their right mind would
go forward with a project
without a permit and face the
possibility of ruinous fines
and legal expenses. No one
would go to the trouble and
expense of getting a permit
and then challenge the thing
in court.
Without the right to judicial
review, landowners really had
no choice but to forget the
project or submit.
That’s how the court saw
it. Writing for the court, Chief
Justice John Roberts said
landowners “need not assume
such risks while waiting for
EPA to ‘drop the hammer’
in order to have their day in
court.”
The Corps must now be
ready to demonstrate a solid
scientific basis that private
property has a “significant
nexus” with waterways
protected by the Clean Water
Act before it can require a
permit.
The burden of proof must
always rest with the regulator.
Landowners should not evade
justified regulation but must
be able to thwart the tyranny
of being forced to submit
to the arbitrary will of the
bureaucracy.
W HERE TO W RITE
GRANT COUNTY
• Grant County Courthouse — 201
S. Humbolt St., Suite 280, Canyon City
97820. Phone: 541-575-0059. Fax: 541-
575-2248.
• Canyon City — P.O. Box 276, Canyon
City 97820. Phone: 541-575-0509. Fax:
541-575-0515. Email: tocc1862@centu-
rylink.net.
• Dayville — P.O. Box 321, Dayville
97825. Phone: 541-987-2188. Fax: 541-
987-2187. Email:dville@ortelco.net
• John Day — 450 E. Main St, John Day,
97845. Phone: 541-575-0028. Fax: 541-
575-1721. Email: cityjd@centurytel.net.
• Long Creek — P.O. Box 489, Long
Creek 97856. Phone: 541-421-3601. Fax:
541-421-3075. Email: info@cityofl ong-
creek.com.
• Monument — P.O. Box 426, Monument
97864. Phone and fax: 541-934-2025.
Email: cityofmonument@centurytel.net.
• Mt. Vernon — P.O. Box 647, Mt.
Vernon 97865. Phone: 541-932-4688. Fax:
541-932-4222. Email: cmtv@ortelco.net.
• Prairie City — P.O. Box 370, Prairie
City 97869. Phone: 541-820-3605. Fax:
820-3566. Email: pchall@ortelco.net.
• Seneca — P.O. Box 208, Seneca
97873. Phone and fax: 541-542-2161.
Email: senecaoregon@gmail.com.
SALEM
• Gov. Kate Brown, D — 254 State
Capitol, Salem 97310. Phone: 503-378-
3111. Fax: 503-378-6827. Website: www.
governor.state.or.us/governor.html.
• Oregon Legislature — State Capitol,
Salem, 97310. Phone: (503) 986-1180.
Website: www. leg.state.or.us (includes
Oregon Constitution and Oregon Revised
Statutes).
Blue Mountain
EAGLE
P UBLISHED EVERY
W EDNESDAY BY
• State Rep. Cliff Bentz, R-Ontario (Dis-
trict: 60), Room H-475, State Capitol, 900
Court St. N.E., Salem OR 97301. Phone:
503-986-1460. Email: rep.cliffbentz@state.
or.us. Website: www.leg.state.or.us/bentz/
home.htm.
• State Sen. Ted Ferrioli, R — (District
30) Room S-223, State Capitol, Salem
97310. Phone: 503-986-1950. Email: sen.
tedferrioli@state.or.us. Email: TFER2@aol.
com. Phone: 541-490-6528. Website: www.
leg.state.or.us/ferrioli.
• Oregon Legislative Information —
(For updates on bills, services, capitol or
messages for legislators) — 800-332-2313.
WASHINGTON, D.C.
• The White House, 1600 Pennsylva-
nia Ave. N.W., Washington, D.C. 20500;
Phone-comments: 202-456-1111; Switch-
board: 202-456-1414.
• U.S. Sen. Ron Wyden, D — 516 Hart
Senate Offi ce Building, Washington D.C.
20510. Phone: 202-224-5244. Email:
wayne_kinney@wyden.senate.gov Website:
http://wyden.senate.gov Fax: 202-228-2717.
• U.S. Sen. Jeff Merkley, D — 313 Hart
Senate Offi ce Building, Washington D.C.
20510?. Phone: 202-224-3753. Email:
senator@merkley.senate.gov. Fax: 202-
228-3997. Oregon offi ces include One
World Trade Center, 121 S.W. Salmon St.,
Suite 1250, Portland, OR 97204; and 310
S.E. Second St., Suite 105, Pendleton, OR
97801. Phone: 503-326-3386; 541-278-
1129. Fax: 503-326-2990.
• U.S. Rep. Greg Walden, R — (Second
District) 1404 Longworth Building, Wash-
ington D.C. 20515. Phone: 202-225-6730.
No direct email because of spam. Website:
www.walden.house.gov Fax: 202-225-5774.
Medford offi ce: 14 North Central, Suite 112,
Medford, OR 97501. Phone: 541-776-4646.
Fax: 541-779-0204.
F ARMER ’ S F ATE
The house that Peter-bilt
That quit in the house that Peter-bilt.
By Brianna Walker
For the Blue Mountain Eagle
This is the house that Peter-bilt.
This is the transmission that quit in the house that
Peter-bilt.
This is the tractor that housed the transmission
That quit in the house that Peter-bilt.
This is the trailer that attached to the tractor
That housed the transmission
That quit in the house that Peter-bilt.
This is the maiden all forlorn
That yelled at the sheep with the lamb just born
That crossed the telehandler with the broken horn
That pushed the trailer that attached to the tractor
That housed the transmission
That quit in the house that Peter-bilt.
This is the farmer that grumbled and moaned
That kissed the maiden all forlorn
That yelled at the sheep with the lamb just born
That crossed the telehandler with the broken horn
That pushed the trailer that attached to the tractor
That housed the transmission
That quit in the house that Peter-bilt.
This is the telehandler with the broken horn
That pushed the trailer
That attached to the tractor
That housed the transmission
That quit in the house that Peter-bilt.
This is the sheep with the lamb just born
That crossed the telehandler with the broken horn
That pushed the trailer that attached to the tractor
That housed the transmission
This is the For Sale sign, all new in the morn
That lessened the farmers grumbles and moans
That kissed the maiden, no longer forlorn
That smiled at the sheep with the lamb just born
That crossed the telehandler with the newly-fi xed horn
That pushed the trailer that attached to the tractor
That housed the transmission
That quit in the house that Peter-bilt.
Brianna Walker occasionally writes about the Farm-
er’s Fate for the Blue Mountain Eagle.
L ETTERS TO THE E DITOR
Previous letters
judge man before
trial
To the Editor:
Hypocrites united in the previ-
ous issue of the local tabloid (one
claimed to be a “lawyer” in an April
19, 2016, email to the Grant Coun-
ty Court — heaven forbid she still
“practices”). Both missives judge
a man before he has even come to
trial, and both are full of misquotes
and assumptions. They must be
aware that attacks against the sheriff
are passé and need new targets for
their awesome revelations. I was ac-
cused of stating that Michael Emry
“has acted as a calming infl uence at
community meetings and gather-
ings.” The person quoting this has
never attended such meetings and
displays total obliviousness of any
infl uence Mr. Emry may have had.
“Why do Smith and Kerr fail to see
Emry as undesirable and a risk?”
Probably because he hasn’t been
found guilty by a jury of his peers.
Now there is an original thought for
contemplation. It appears that both
letters tout only what they have read
in the tabloids of biased unprofes-
sional reporting. Both comments
display apathy in fi nding the truth
therefore one can only assume they
are being spoon fed slanted infor-
mation gathered by a media smear
professional. The narrowed minded
couldn’t resist an attack on the sher-
iff and questioned why he doesn’t
condemn his “deputies’ support” of
an accused man before he has been
brought to trial. Does this question
from the “lawyer” really deserve an
answer on her inability to determine
the law? Why would the sheriff be
moved to respond to the ridiculous?
Please, people, if you are going to
leap to uninformed and tedious con-
clusions, at least put some vestige
of acumen behind it. You might also
note that I did not use names for the
meandering minds whose sole pur-
pose appears to be one to create dis-
content. The names never change
except when some far-off dirt
slinger from New Hampshire feeds
preprogrammed tripe into a local
tabloid. I hope the editor did a word
count on both dogmatic ramblings
because they may be much longer
than my poor 340-word offerings.
Judy Kerr
Canyon City
Editor’s note: In a May 11 dec-
laration in support of Michael Em-
ry’s request for pretrial release,
Kerr wrote, “I know Michael as an
even-tempered and peaceful indi-
vidual who has acted as a calming
infl uence at community meetings
and gatherings.” Emry’s request
was denied. He is accused of pos-
session of an unregistered machine
gun and possession of a gun with
an obliterated serial number after
being arrested May 6 in John Day.
Former Chief
Sprauve ‘has my
utmost respect’
To the Editor:
I have heard rumors in Grant
County that there are questions
about the Granite City Police
Department and Chief Nicky A.
Sprauve. I want to put these ru-
mors to rest once and for all, so I
am making this offi cial statement
one time only.
We are not yet up and running.
It is a fully legal police department.
Nicky A. Sprauve was our chief of
police but is now retired and left in
good standing. I feel really bad as
I heard some of the vicious rumors
about Chief Sprauve. He has my
utmost respect and trust.
We are presently in between
chiefs. If you have more questions,
please call Oregon State Police,
503-378-8282, or Oregon State
DPSST, 503-378-2100.
Sandy Smith
Mayor
Granite
N.H. man ‘has a lot
of nerve to badmouth
Grant County’
To the Editor:
I would like to answer Brian
McDonough’s letter (in the June
1 Eagle). Watching Fox news
this morning, June 2, it reported
two policemen were shot as well
as two criminals in New Hamp-
shire.
He has a lot of nerve to bad-
mouth Grant County from all the
way across the United States.
We have a great county. We
have great people. His example
of two bad characters is totally
unfair at most. And to badmouth
our sheriff is even worse. Glenn
Palmer is a fine man who loves
our county and its people. He is
also a very fine sheriff. He doesn’t
encourage only law breakers to
come to Grant County.
My anger over this letter coming
from out of state makes it impossi-
ble to comment further.
Joe Clarke
Long Creek
From the burn
to Burns
To the Editor:
With regret, we are leaving
Grant County, moving from the
burn to Burns, after 26 good years
enjoying life in Seneca and along
Canyon Creek. It’s hard to leave
our friends and neighbors who
have been so good to us and all
the businesses and organizations
that have been so supportive. We
thank you all for enriching our
lives. But the Canyon Creek fire
has made it too heartbreaking and
difficult to stay, so from the black
forest to the sagebrush sea we go.
Happy trails.
Judith Beaudet Reed and
Robert Reed
Canyon City
L
etters policy: Letters to the Editor is a forum for Blue Mountain Eagle readers to express themselves on local, state, national or world issues. Brevity is
good, but longer letters will be asked to be contained to 350 words. No personal attacks; challenge the opinion, not the person. No thank-you letters.
Submissions to this page become property of the Eagle. The Eagle reserves the right to edit letters for length and for content. Letters must be original
and signed by the writer. Anonymous letters will not be printed. Writers should include a telephone number so they can be reached for questions. We
must limit all contributors to one letter per person per month. Deadline is 5 p.m. Friday. Send letters to editor@bmeagle.com, or Blue Mountain Eagle,
195 N. Canyon Blvd., John Day, OR 97845; or fax to 541-575-1244.
Grant County’s Weekly Newspaper
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