Region
Blue Mountain Eagle
Wednesday, November 2, 2016
A9
Groups seek to ax biomass ‘loophole’
Carbon neutral designation takes away from cleaner energy sources, they argue
EO Media Group
Environmentalists are calling on
Oregon Sens. Ron Wyden and Jeff
Merkley to remove provisions in leg-
islation that would classify woody bio-
mass as carbon neutral.
More than 20 organizations from
around the state have raised concerns
about what the designation will mean
for the climate, local forests and public
health. Specifically, they say labeling
biomass as carbon neutral could exac-
erbate global warming and encourage
clear-cutting to feed more wood-fu-
eled power plants.
In a letter sent Oct. 12 to Demo-
crats Wyden and Merkley, the groups
argue that not all forms of biomass can
be labeled carbon neutral. They want
to see the Environmental Protection
Agency continue with a multi-year
study to determine the carbon foot-
prints of different sources of material.
“Accounting for the carbon emit-
ted during the combustion of biomass
is an inherently complicated process
and thus demands a careful scientific
analysis conducted by the EPA,” they
wrote. “However, this scientifical-
ly-informed accounting scheme would
be challenged by any blanket determi-
nation of carbon neutrality.”
Alex Harris, conservation organiz-
er with the Sierra Club, said Wyden
plays an especially important role, sit-
ting on the conference committee for
the energy bill.
“I want to make sure he’s following
the science and doing what’s best for
Oregon and our forests,” Harris said.
Wyden released a statement
Wednesday saying he is working with
stakeholders on all sides to come up
with a biomass plan that “is rooted in
science, is bipartisan and moves Ore-
gon and the entire country to a smarter
carbon policy.”
The issue comes at a time when
Portland General Electric is weigh-
ing the possibility of converting its
550-megawatt Boardman Coal Plant
to run on biomass. PGE will conduct
a full-day test later this year, using
8,000 tons of small-diameter and bee-
tle-killed trees.
The utility is working with Ore-
gon Torrefaction, a benefit corpora-
tion that includes Ochoco Lumber,
to source the debris for fuel. PGE
spokesman Steve Corson said the
utility supports the carbon neutrality
amendment for biomass, in order to
provide greater clarity moving for-
ward.
“We do believe that there are a
variety of potential biomass fuels that
can be used for power generation in
a sustainable, carbon neutral cycle,”
Corson said.
But opponents claim that, since
woody biomass is less efficient than
coal, it would require burning more
material to generate the same amount
Supreme Court turns
down Hage lawsuit appeal
By Mateusz Perkowski
of power, thus increasing overall
emissions. Plus, it would take de-
cades for new trees to grow and re-se-
quester that carbon.
Dominick DellaSala, chief sci-
entist for the Geos Institute in Ash-
land — one of the groups calling
for Congress to strip the carbon
neutrality amendment — equated
forests to “green coal,” saying the
best way to combat runaway cli-
mate change is to leave trees in the
woods.
“You want to keep coal in the
ground. Similarly, you want to keep
carbon in the forests,” he said.
The worry, however, is carbon
neutrality would spur enormous
growth in the biomass industry,
which would increasingly turn to
public forests for raw materials. The
Energy Information Administration
has come up with models showing
that, with carbon neutrality, the bio-
mass industry would increase 87
Lawyers who challenged PERS
reforms awarded $900,000 in fees
By Claire Withycombe
Capital Bureau
EO Media Group
The U.S. Supreme Court
won’t review a court deci-
sion that stripped deceased
Nevada rancher Wayne Hage
of a legal victory against the
federal government.
In 2013, the estate of
Hage — an icon of the “Sage-
brush Rebellion” against fed-
eral land policies — prevailed
in a lawsuit filed by federal
agencies that alleged his cat-
tle trespassed on public land.
U.S. District Judge Robert
Jones ruled that Hage’s cattle
could legally cross federal
property to access a stream in
which he owned water rights.
The judge also found that fed-
eral officials had engaged in a
“literal, intentional conspira-
cy” against him.
The 9th U.S. Circuit Court
of Appeals reversed that de-
cision earlier this year, ruling
that water right ownership
doesn’t give ranchers the
right to run cattle across fed-
eral land.
Mark Pollot, attorney for
Hage’s estate, claimed the
9th Circuit misinterpreted the
law and undermined water
rights across the West.
He asked the Supreme
Court to review the case, but
that request has now been
denied.
The federal government
initially didn’t react to the
Supreme Court challenge,
but the nation’s highest court
ordered it to file a response.
For that reason, Pollot
was optimistic that the jus-
tices were interested in the
case, so their denial comes as
a surprise, he said.
“It’s directly contrary to
prior decisions by the Su-
preme Court and to state
laws,” Pollot said.
EO Media Group file photo
Cows graze in southwest Washington.
It’s possible the eight jus-
tices were evenly split on
whether to take the case and
realized that it would likely
result in a stalemate, which
would effectively uphold the
9th Circuit decision, he said.
Though the Hage case
wasn’t granted Supreme
Court review, Pollot said the
litigation is likely to contin-
ue.
For one, Hage’s son and
namesake is still liable for
trespass, which he plans to
challenge, he said.
Secondly, there’s a possi-
bility for future problems if
federal agencies don’t permit
Hage’s estate to divert water
from the stream in which it
holds water rights, Pollot
said.
“We still have some op-
tions I’m not ready to dis-
cuss,” he said.
The Oregon Supreme
Court has awarded nearly $1
million to attorneys repre-
senting public employees in
the court case that challenged
certain legislative reforms to
the state’s public employee
retirement system.
In an opinion released
Thursday, the court awarded
$902,665.32 in fees and costs
to Bennett, Hartman, Morris
& Kaplan, LLP, a Portland
law firm representing several
of the plaintiffs in the lawsuit,
known as Moro v. Oregon.
In Moro, the Oregon Su-
preme Court reversed many
of the Legislature’s reforms in
2015, finding that it could not
make changes retroactively to
the benefits accrued by public
employees.
The award comes as PERS
faces $22 billion in unfunded
liability — essentially, money
it owes retirees that it cannot
pay.
Lawmakers are again at-
tempting to pass reforms in
the upcoming legislative ses-
sion.
A bipartisan work group
led by Sen. Betsy Johnson,
D-Scappoose, and Sen. Tim
Knopp, R-Bend, is convening
to consider the options.
In August, legislative
counsel released an analysis
of ten options for changes to
PERS, finding seven of them
were likely to fall within the
requirements of the state’s
constitution.
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By George Plaven
percent, requiring a fuel equivalent
to clear-cutting 6-8 million acres of
forests.
On top of that, the EIA suggests
all that biomass would not actually
displace coal use in the U.S., in-
stead taking a 21 percent bite out of
solar energy.
“It’s displacing other renew-
ables,” said Mary Booth, director of
Partnership for Policy Integrity, an
environmental think tank. “There’s
no question it increases stack emis-
sions.”
If the Boardman Coal Plant con-
verts to biomass, Harris said it would
become the largest power plant of its
kind in the U.S. and fourth-largest in
the world. While there are climate
benefits associated with produc-
ing biomass energy, he said car-
bon neutrality will have dangerous
consequences.
“It’s not coal, that’s for sure,”
Harris said. “But it’s also not
wind and solar. That’s also for
sure.”
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