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Heppner Gazette-Times, Heppner, Oregon
WIND FARM APPEAL
-Continuedfrom PAGE ONE
restricted Naval air space.
Rails did not notify CF1US
prior to completing its
acquisition of the wind
farm sites, although it
ultimately submitted a
notice to CFIUS after the
U.S. Navy requested that
Ralls move the location of
its wind project to prevent
disturbances of military
aircraft training.
During its review
and investigation, CFIUS
ordered Ralls not to engage
in construction or store
goods at, or otherwise
access, the wind farm sites,
and the agency required
the company to offer
CFIUS the right to review
and object to any transfer
of the sites. At the end of
the investigation, CFIUS
recommended
blocking
the transaction, and the
president issued an order
extending most terms
of the CFIUS order and
requiring Ralls to divest
the wind farms within 90
days.
Ralls
filed
suit
against CFIUS during the
investigation,
claiming,
among
other
things,
that the CFIUS order
exceeded the agency’s
statutory authority and
that CFIUS had deprived
Ralls of its property
interests in violation of
Ralls’ due process rights.
Subsequently,
Ralls
amended its complaint to
assert that the presidential
order
also
exceeded
statutory authority and that
both orders had violated
Ralls’ constitutional rights
to due process and equal
protection. A trial court
found that Ralls’ claims
with respect to the CFIUS
order were superseded by
the presidential order and
that its claims with respect
to the presidential order
failed on the merits.
In its decision, the
appeals court reversed the
lower court’s findings,
holding in favor of Ralls’
due process claim. The
court found that the
president had not provided
adequate process to Ralls
and that, at a minimum,
Ralls was entitled to notice
of the official action,
review of the unclassified
portions of the evidence
relied
upon
by
the
president in his decision,
and the right to respond to
that evidence. Separately,
the appeals court found
that the district court had
incorrectly
dismissed
Ralls’ CFIUS order claims,
sending those claims back
to the lower court for a
hearing on the merits.
lone band cleans up
for Disneyland trip
lone Community School band members wash cars outside of
the fire hall this past weekend. The group is raising money to
play in Disneyland over spring break. Pictured L-R around
the car are Lauren Garrett, Josh Gray, Kaitlin Garrett, Jake
Heideman, Austin Morter, Lexi Garrett and Kaytelyn Bass.
-Photo by Erin Heideman
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Further developments
in this case are certain.
First, the case has been
remanded to the district
court, with instructions
that Ralls be provided
access to the unclassified
evidence on which the
president relied, as well as
an opportunity to respond
to that evidence. Second,
the district court has been
instructed to consider
arguments
concerning
Ralls’ CFIUS order claims.
In addition, the appeals
court ruling may be further
appealed by the U.S.
Finally, the court’s holding
may be circumscribed
by future congressional
action, including action
to
preclude
review
of
constitutional
due
process claims in CFIUS
proceedings.
Implications
The scope of the
appeals court’s ruling
is limited, but it is still
significant. Notably, the
court’s decision did not
question the statutory
bar to judicial review of
the president’s national
security
determinations:
Although
courts
may
review procedural matters
relating to the CFIUS
review process, they will
not review a final action
by the president to suspend
or prohibit a transaction
that threatens to impair
the national security of
the U.S. Similarly, the
court did not challenge in
any way the president’s
substantive
national
security
determination
with respect to Ralls’
acquisition of the wind
farm projects.
Instead, the court’s
decision should be viewed
as extending additional
process-related
rights
to
investors
whose
acquisitions are subject to
CFIUS national security
review and facilitating
the adoption of a more
transparent, and arguably
fairer, regulatory process.
Subject
to
further
developments
in
the
litigation and potential
congressional response, it
is likely that CFIUS will
modify its procedures to
provide more “due process”
to foreign investors whose
investments may raise
national security concerns.
Regardless of the
ultimate outcome of this
case, foreign investment in
the U.S. wind power sector
- including acquisitions of
U.S. wind farm projects
and of suppliers to the
industry - will continue
to be subject to national
security review by CFIUS.
Voss is a corporate
partner in the Seattle
office at law firm Stoel
Rives.
Eastern Oregon
Heating & Air Conditioning, LLC
Oregon’s 62nd annual
East West Shrine All-Star
Football Game will take
place this Saturday August
2, in Baker City. Kickoff
time is 4 p.m.
Playing in the game
will be Jordan Bailey, a
5’9”, 160-pound Heppner
High School graduate who
was named to the 2A Shrine
East first team in March.
Bailey was a running
back, defensive back and
wide receiver for Heppner.
He is the son of Jeff and
Christine Bailey, Heppner.
J.C. Putman, a 6 ’3”
200-pound HHS defensive
end and offensive lineman,
was selected to the alternate
The ORECA (Oregon
Rural Electric Cooperatives
A sso ciatio n ) m id-year
meeting was held recently
in Bend, OR. Representing
Columbia Basin Electric
Co-Op were Jerry Healy,
Manager; Lori Anderson,
B oard P re sid e n t; Roy
Carlson, Board Secretary;
and Gerry Amson, Director.
These directors attended
c la s s e s on p o l i t i c a l
issues affecting rural co
ops, new pre-paid meter
program options, and other
governance issues.
O re g o n
H o u se
R e p r e s e n ta tiv e M ike
McClane, originally from
C ondon, w as aw arded
the ORECA Statesman’s
Award for Extraordinary
C onstituent Service by
Brad Kresge, Manager of
Surprise Valley Electric
Co-Op.
Jerry Healy, retiring
m an ag er o f C olu m b ia
B asin E lectric C o-O p,
was awarded the ORECA
D istin g u ish e d S erv ice
Award for his 33 years
A p r il 22 ( c o n t.) :
-MCSO received report
o f abandoned animals at
a M ain St., L exington,
location.
-MCSO received report
from an Irrigon woman
that a male subject had
called her and advised he
was watching her walk and
described her clothing. She
said she went to the nearest
business and called the
sheriff’s office. A deputy
met with her.
A p r il 24: M orrow
County S heriff’s Office
received report from a
subject in Heppner who
reported that an elderly
male driving a dark colored
sedan drove off without
paying for around $37
d o llars in fuel. MCSO
responded.
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(Old Road Runnar H&C building)
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541-567-3095
CCB *1 8 9 2 2 9
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A &
5
Jordan Bailey, center, will represent Heppner in the East West
Shrine game this Saturday in Baker City. -Contributedphoto
team. Putman is the son of
Sandi Putman, Lexington,
and Jim Putman, Clatskanie,
OR.
O ther 2A first team
members include Colby
Moll and Jeremiah Grieser,
Regis; D alton R eim ers
and Tucker Wright, Grant
Union; Josue Avilez, Central
Linn; Blake Traeger, Mt.
Angel; and Thomas Nathan,
Myrtle Point.
of service to the electric
cooperative family.
The O regon R ural
E le c tr ic C o o p e ra tiv e
A sso ciatio n rep resen ts
O re g o n 's 18 e le c tric
cooperatives in federal
and O regon legislative
matters, as well as being
a conduit for cooperative
cooperation w ithin the
industry. Oregon’s electric
cooperatives serve tw o-
thirds of the state’s land
mass and 11 percent o f the
state’s electric consumers.
They’ll see ‘ewe’ there
At the Morrow County fair
Lily Sandford, a recent Heppner High School graduate, works
with her county fair lamb. Lily is the daughter of Rick and
Sylvia Sandford and is a member of the lone Community 4-H
Livestock Club. -Photo by Erin Heideman
-MCSO received report
from an Irrigon man that
his neighbors left two dogs
when they moved out. The
caller said he had been
caring for them, but the
manager of his residence
said the dogs could not stay
there.
-MCSO received report
from a woman in Irrigon
that a 72-year-old man
needed a lift assist. Irrigon
Ambulance responded, but
a lift assist was not needed.
-MCSO received report
from an Irrigon woman that
her roommate took her van
two weeks ago and has not
returned it.
-MCSO received report
from a subject in Boardman
that a Honda Civic was all
over the road and almost had
several head on collisions
on 1-84. MCSO cited Jaime
Estrada Trujillo, 35, for
No O p erato r’s License,
Failure to Register Vehicle,
Failure to Show Proof of
Insurance. He was also
given a verbal warning for
failure to maintain lane.
-MCSO cited Michael
Warren Phillips, 65, for
V iolation o f the Speed
Limit, 90 mph in a 65 mph
zone.
-M C S O r e c e i v e d
report that Gresham Police
D e p a r tm e n t a r r e s te d
A m ethyst M aki, 35, on
an Irrigon Justice Court
w arran t for F a ilu re to
A p p e a r/T h e ft III. She
was lodged at Multnomah
County Detention Center
with $276 bail in full. She
was also held on local
charges.
Marriage Licenses
The Morrow County Clerk’s office has released the
following report of marriage licenses:
July 24,2014: -Jesus Munoz Jr., 23, of Hermiston and
Cheyenne Leticia Mychel McKenney, 20, o f Hermiston.
July 28,2014: -Kenneth Jason Gisi, 19, of Boardman
and Sarah Pauline Bose, 18, of Boardman.
CHRISTIAN LIFE CENTER
5 3 5 W . M o r g a n St., H e p p n e r , O R 9 7 8 3 6
erry Abbott
special guest speaker
Sunday August 3 *
10:30 am
Christian Life Center
t 535 w . Morgan St.,
Heppner
A ssem bly o f
1 800 452-7396
541 989-8221
-
82000 Hwy 395 N.,
Hermiston
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Sheriff’s Report
lp
Air Conditioning • Refrigeration
Geo Thermo Heat Pumps
Gas Furnaces • Ice Machines
Gas Hot Water Heaters • Gas Fireplaces
Sheetmetal Inspections & More!
ai
Co-Op directors attend state
meeting, earn awards
June July August
Quality Work at a Competitive Price!
- FIVE
Shrine all-star game this
Saturday
Residential & Com m ercial
“The Comfortable Choice ,77
Wednesday, July 30,2014
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