Looking to gain a handle on the state’s largest-ever Japanese beetle outbreak, the Oregon Department of Agriculture has proposed doubling its treatment area around the Cedar Mill and Bethany neighborhoods in unincorporated Washington County.
ODA will host a pair of public meetings in February to discuss the effort, which would include applying a granular insecticide over 1,900 acres beginning in April and finishing at the end of May.
The Japanese beetle is a voracious pest that feeds on a variety of plants and crops, including grapes, berries and orchard fruit. ODA estimates the beetles would cost Oregon agriculture $43 million per year if they became established and dispersed throughout the state.
Clint Burfitt, insect pest program manager for the department, said Japanese beetles have historically arrived in Oregon from infected states via air cargo at Portland International Airport. That is where officials concentrated most of their attention.
However, with budget cuts to the Japanese beetle monitoring program, Burfitt said they left their flank unguarded. In 2016, ODA detected 369 beetles in Cedar Mill and Bethany, adjacent to Northwest Portland. Burfitt does not know where exactly the beetles came from, but suspects it may have been from potted plants brought in by a homeowner.
It was, at the time, the most beetles found during a single field season in Oregon.
In 2017, ODA kicked off a five-year project to wipe out the beetles, treating 2,121 homes on roughly 1,000 acres. Yard debris was quarantined and disposed of separately to prevent the insects from getting loose.
Still, the department detected more than 23,000 beetles later that summer, including 750 — about 3 percent — outside the treatment area.
“We were anticipating thousands of beetles, not tens of thousands of beetles,” Burfitt said.
Increased monitoring statewide also led to the discovery of 11 Japanese beetles 175 miles south in Douglas County, including Oakland and Green. Another 11 beetles were found at the Portland airport and five at Swan Island in Portland.
Heading into year two of the eradication project, ODA would expand treatment to 1,900 acres around Cedar Mill and Bethany, 150 acres at the Portland airport and 34 acres in Douglas County. Officials would place traps at Swan Island, but are not planning any treatment of the area.
It will take ODA about six weeks to apply the product known as Acelepryn on all grass and ornamental plant beds in the treatment area. Applications are free for property owners, though they need to give permission for ODA to enter their properties. The department is hoping for 100 percent cooperation.
Meetings about the proposed 2018 project will be Tuesday, Feb. 6, from 5:30 to 7 p.m. at Sunset High School, 13840 NW Cornell Road, Portland, and Tuesday, Feb. 13, from 9:30 a.m. to 12:30 p.m. at the Leedy Grange, 835 NW Saltzman Road, Portland. Experts including ODA staff, public health officials and partner agencies will be on hand to answer questions and address concerns.
A final decision on the 2018 project is expected by March.
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SALEM — Long before the misadventures of Hollywood big shots made the headlines, sexual harassment claims were a problem in agriculture, according to attorney Tim Bernasek.
While the cases haven’t attracted as much publicity as the allegations against movie mogul Harvey Weinstein or actor Kevin Spacey, the federal government recently filed sexual harassment lawsuits against three farms, he said.
In another case, the U.S. Equal Employment Opportunity Commission won a jury verdict of more than $17 million on behalf on several female farmworkers in Florida who claimed they were fired for opposing sexual misconduct, Bernasek said.
“Folks, we need to be ready. These issues are serious,” he told farmers during the Jan. 26 Ag Summit in Salem, Ore., an annual event organized by the Dunn Carney law firm.
While sexual harassment claims are often brought by women, same-sex complaints by male workers have also been reported, he said.
Sexual harassment claims against companies often have common themes: An employee’s sense of being trapped and isolated, not knowing who to ask for help and a fear of retaliation, among others, Bernasek said.
Farmers don’t necessarily have a way to avoid sexual harassment claims entirely, but they can adopt strategies to prevent them from escalating, he said.
Companies must be upfront with a “zero tolerance” policy for any harassment or discrimination, which should be visibly posted on bulletin boards for workers, Bernasek said.
Ideally, employers should strive to prohibit intimate relationships between supervisors and workers — or even between workers altogether — but this isn’t realistic in agriculture, where migrant workers are often from the same families, he said.
Sexual harassment policies should provide employees with a designated person to receive complaints who is not a supervisor, since supervisors are often the alleged source of the problem, Bernasek said.
The policies should also be drilled into the owners and managers of the company, as well as the supervisors.
“You have to do repeated trainings on this issue,” he said.
There are several grounds for opening a sexual harassment investigation, including hearing complaints or rumors, witnessing problem behavior, or receiving an inquiry from a government labor regulator, said Melina Mendoza, a human resources consultant.
Such inquiries should focus on the facts — what occurred, when, where and who else witnessed it — rather than opinions, Mendoza said.
“Be open-minded about what’s being conveyed to you,” she said.
Growers should be prepared for sexual harassment problems to arise during the most inconvenient times, said Bernasek. “Don’t shrug it off. Listen.”
When interviewing a worker who reports sexual harassment, the employer must disclose that accusations cannot remain confidential, said Mendoza. In some cases, it’s better to hire an attorney or another outside party to conduct investigations.
If a farmer agreed to keep quiet about an allegation, the company could later be accused of willfully failing to take action, she said.
“You need to let that employee know, ‘I cannot just do nothing about it,’” Mendoza said. “You must act. You don’t have a choice to just listen.”
For this reason, it’s important the employer communicate the company’s anti-retaliation policy and follow through on it, Bernasek said.
An employee alleging sexual harassment should be separated from the accused perpetrator, but the worker needs to understand why the change is occurring, he said.
“Creative lawyers on the other side have made this into retaliation,” Bernasek said.
The subject of retaliation is sensitive, since it’s not limited to severe measures, such as a demotion or termination, he said.
Reassignments to less desirable tasks, exclusion from activities and a lack of communication can also be seen as vindictive, Bernasek said. Dealing with sexual harassment is tricky, since a “farm is not a convent,” and some coarse language will inevitably be used, he said.
Even so, supervisors need to avoid creating a problematic culture by telling the crudest jokes and using the coarsest language, Bernasek said.
The reality of employing workers is that sexual harassment claims will arise, so farmers need to use their best judgment, he said. “There is no free pass in any of this. It’s risk management.”
Naked barley is turning heads among researchers as a sexy choice for organic farmers looking to access a variety of different markets, including food, beer and animal feed.
While most commonly grown barleys have indigestible outer-layer hulls stuck onto the grain, naked barley is the result of a mutation that naturally strips the hull away, leaving seeds exposed.
Oregon State University is now leading a three-year, five state project to test new varieties of naked barley, with $2 million in funding from the USDA Organic Agriculture Research and Extension Initiative. Partners include Washington State University representing the Pacific Northwest, the universities of Minnesota and Wisconsin-Madison representing the Midwest, and Cornell University representing the Northeast.
Pat Hayes, a barley breeder and professor of crop and soil science at OSU, said naked barleys have been around for almost 10,000 years, though they have not gained much traction in the U.S.
“We are all united in the goal to provide organic gardeners, growers, processors and consumers with an alternative crop, food and raw material that will be economically rewarding and sustainable,” Hayes said.
Barley used to a much larger part of Oregon grain production, Hayes explained, though almost all of it went to the animal feed markets, where low prices made it a money-losing proposition.
By removing the seed hulls, barley can be used in a number of foods like porridges and baked goods. The U.S. Food and Drug Administration has also linked whole grain barley to reduced risk of heart disease.
The difficulty, Hayes said, is that removing the hull must be done by machinery, and can also grind away the bran, which results in pearled barley losing its whole grain status. That is not an issue, however, with naked barley.
“If you want to be marketing barley as a whole grain, the way to do that is to have a naked barley where you don’t have to grind the hull off the grain,” Hayes said.
Barley hulls do have an advantage in the beer world, acting as a natural filter during the initial phases of brewing, though Hayes said that can be overcome with a technology known as mash filtration. A number of Oregon breweries now use mash filters, he said, which are actually more efficient and deliver more gallons of beer per pound of barley.
Recently, OSU developed the first fall-planted variety of naked barley specifically for the Northwest — appropriately named “Buck.” Hayes said the university partnered with Breakside Brewery in Portland last December to brew an experimental beer named Buck Naked Golden Ale, which quickly sold out.
With potentially more markets open to naked barley, Hayes said growers may find the crop an appealing option, especially among wheat farmers looking for a viable rotation crop.
“You use exactly the same machinery (for barley) as you use for wheat,” he said. “We’re such a productive state that not only can we first meet our local demands, but we need to keep an eye on those export markets.”
Growers interested in learning more about naked barley are encouraged to attend OSU’s annual barley field day, scheduled for June 1 in Corvallis.
SALEM, Ore. — Stephanie Breazile was chosen the 2018 Oregon Dairy Princess-Ambassador at the 59th annual coronation and banquet at the Salem Convention Center on Jan. 27.
She was chosen from a field of five finalists at the Salem event that included Megan Sprute of Washington County, Jessica Monroe of Yamhill County, Rachel Jenck of Tillamook County and Donata Doornenbal of Marion County.
Breazile is a 2015 graduate of Hillsboro High School and is in her second year as a student in the agricultural sciences program at Oregon State University. She hopes to become a high school agriculture teacher when she graduates, and said her new title “will allow me to share my knowledge of the dairy industry throughout Oregon.”
She was active in Hillsboro High School’s FFA program, holding several leadership positions, including president. At OSU, she is an active member of Sigma Alpha Professional Agricultural Sorority.
Sprute, a 2013 Banks High School graduate, was chosen First Alternate. She is studying natural resources at Oregon State University, volunteers with Young Life and works part-time at a veterinary clinic near Portland.
Jessica Monroe was chosen by the other contestants at the ceremony as Miss Congeniality. She grew up in Sheridan, where she was homeschooled, and represents Yamhill County in the Dairy Princess-Ambassador program. She now attends Chemeketa Community College.
The Oregon Dairy Women’s Dairy Princess-Ambassador Program has been promoting the dairy industry since 1959 in collaboration with the Oregon Dairy Farmers Association and the Oregon Dairy Nutrition Council. Each year, the program centers contestants on a theme, which for 2018 was “Milk Takes You to the Top.”
Breazile will spend the next year traveling the state making presentations at fairs, town meetings and public events touting the state’s dairy industry. At the end of her year, she will receive monetary awards that in past years have exceeded $17,000.
SALEM — State legislation to require massive polluters to pay for their carbon emissions is unlikely to move forward this year, legislative leaders said Monday.
House Democrats lack enough votes to pass the “cap and invest” bill in the in House of Representatives, said House Republican Leader Mike McLane of Powell Butte.
Oregon Senate Majority Leader Ginny Burdick, D-Portland, echoed doubt about the proposal’s prospects in 2018.
“It’s an issue that needs to be dealt with. My personal opinion is that we most likely will not be able to get over the finish line,” said Burdick, who supports the proposal.
But House Speaker Tina Kotek, D-Portland, said she has not given up on enacting a cap and invest program during the Legislature’s 35-day session, Feb. 5 to March 11.
“I continue to believe there is room for negotiation, and all I would say is like the New England Patriots, if we get on the field during a snowstorm, we are going to work hard on the field and we are going to get that ball … across the goal line,” Kotek said.
Gov. Kate Brown said she would like to see lawmakers move “as quickly as possible on legislation that reduces carbon emissions.”
“The reason why I think that is important … is that we are seeing the impacts of climate change on a regular basis,” she said.
The lawmakers made the comments during The Associated Press’s legislative preview at the Oregon State Capitol Monday when lawmakers announce their priorities for the upcoming session.
The cap and invest legislation, introduced by Sen. Michael Dembrow, D-Portland, and Rep. Ken Helm, D-Beaverton, would charge Oregon industries for emitting carbon dioxide into the atmosphere and use the revenue to invest in projects meant to slow climate change.
The legislation reemerged this year after stalling last session and after several years of work on the proposal. House Democratic leadership had identified the legislation as a top priority for the 2018 policymaking session, but critics argue the bill is more appropriate for the Legislature’s five-month-long session in 2019, when there would be more time for refinement.
Oregon farm organizations have been critical of the proposal.
Modeled after a program in California, Oregon’s so-called “Clean Energy Jobs” bill would set a cap of less than 25,000 tons of CO2 per year for each company, beginning in 2021.
An estimated 100 Oregon companies that emit more than that amount would be required to buy market-priced allowances for the excess. The “price” on emissions is designed to encourage businesses to adopt technologies and practices that reduce their carbon footprint. The allowances would be sold at a North American auction and generate revenue that would be invested in green-energy and environmentally friendly agriculture projects.
The program would eventually generate hundreds of millions of dollars in revenue that would be invested in projects that slow climate change, Dembrow said. The exact cost of the program has yet to be calculated, but previous estimates pegged revenue at about $700 million per year.
Carbon trading markets are gaining momentum around the globe. Washington recently proposed a state cap and invest program. China has plans to launch a carbon market later this year that would account for about a quarter of that country’s industrial emissions, according to E & E News, a Washington, D.C., environment and energy publication.
No cap and trade system in the world has resulted in significant emissions reductions, in part because caps still remain relatively high and businesses haven’t had to pay out a lot of money, according to E & E News. But the programs have “served as political consensus builders that have gotten industry accustomed to climate policies,” E & E News’s Debra Kahn wrote in December.
KENNEWICK, Wash. — Expansion in the processing industry will create new dynamics for Washington and Oregon potato production, the leader of Washington’s potato commission says.
“We have incredible growing demand in Asia; we still have growing demand here domestically, and we’ve got to keep up with that,” said Chris Voigt, executive director of the Washington State Potato Commission. “We’ve had international customers on quotas for several years now; we just have not been able to get them enough frozen potato products overseas.”
Voigt gave an update during the annual conference for farmers from both states.
Solutions include increasing water to dryland farming in the Columbia Basin Project and increasing yields, which have been relatively flat in the past decade.
Washington potato yields average around 600 hundredweight per acre, or 30 tons per acre. The industry would like to average 40 tons per acre in the next 20 years, Voigt said.
The commission plans to focus on school meals, Voigt said. Currently, potatoes are on the menu 2.5 times a month for breakfast and lunch.
“There’s an opportunity there for real growth,” he said.
The commission will work with the Washington State School Nutrition Association to demonstrate affordable ways to deliver nutrition through potatoes, Voigt said. They will also provide national research showing that students who have potatoes for breakfast have improved cognitive skills.
The commission is working with Potatoes USA to connect potatoes with athletes, including information from people who use spuds in their training programs. The organizations are looking to create a Team Potato for trade shows, sponsoring athletes, Voigt said.
Priorities include improving research infrastructure in Pullman and Othello, and working with Washington State University and USDA Agricultural Research Service to fill key positions left open by researcher retirements, Voigt said.
Several commission members spoke in Olympia against four state bills proposed to restrict pesticide applications. Farmers would have to give four business days notice before applying pesticides, he said.
“Heaven (forbid) you find late blight on Thursday, because you’re going to have to wait Thursday, Friday, Saturday, Sunday, Monday, Tuesday and finally be able to spray on Wednesday,” Voigt said. “That’s unacceptable.”
Bill Brewer, president and CEO of the Oregon Potato Commission, said the state and national organizations work together to address problems and accomplish goals for the better of the industry.
Brewer announced the commission’s annual Goodness Unearthed awards. The best Russet was the Russet Burbank entered by Lane Farms of LaGrande. Chin Farms of Klamath Falls received the best yellow potato for the Yellow Natascha and the best red potato for the Red Jewell. Best specialty potato went to the Blushing Belle from Macy Farms in Culver.
KENNEWICK, Wash. — When Alexis Taylor became director of the Oregon Department of Agriculture, she set a goal of visiting all 36 counties in the state in her first year.
She marked her one-year anniversary Jan. 23 and visited her final county two weeks before.
“I was just new enough and probably naive enough to take that on when I first started,” she said, speaking at the Washington-Oregon Potato Conference in Kennewick, Wash. “It was a big investment of time, but a really great one.”
In her first year, Taylor visited more than 40 farms and ranches, held more than 11 roundtable discussions, toured 23 businesses and 15 natural resource projects and spoke to “countless” county and state agricultural meetings.
The No. 1 topic she heard about was the next generation, including children taking over a family farm or ranch or a beginning farmer or rancher accessing land or capital. She also heard about labor, immigration and workforce challenges and the disconnect between rural and urban Oregon.
“Farming and ranching is the second-largest sector in the state, and many did not feel that’s really acknowledged, particularly by a lot of the urban sectors of the state,” she said.
ODA will also work to boost awareness of agricultural career opportunities among Oregon’s youth. Currently, the number of graduates fill only about 61 percent of the job opportunities available each year, she said.
“Yes, we need farmers and ranchers, but we also need scientists, journalists, people with a whole host of different types of backgrounds thinking that they’re going into agriculture today,” she said. “I grew up outside a town of 300 people in Iowa. I did not know at that time that I could work in agriculture and have a career that took me all over the world.”
Before joining ODA, Taylor was USDA undersecretary for farm and foreign agriculture services. She visited nearly 30 countries during that time, she said.
“There are lots of exciting opportunities and we need young people to really connect with that, whether they grew up on a farm or grew up in Portland,” she said.
Taylor said the department’s mission is to help farmers, ranchers and agribusinesses find local, domestic and international markets for their products. More than 225 commodities are grown in Oregon.
“ODA is pretty unique in Oregon state government, where we regulate but we also promote for an industry,” she said. “This can sometimes cause tension, but I actually think that tension is really important and makes us a better regulator for our farmers and ranchers. What might make sense in the four walls of my office, with my staff, might not make sense from a common-sense, on-the-ground perspective.”
California-based Munger Bros. denies allegations that foreign workers were mistreated at its blueberry farm in Sumas, Wash,, and vows to fight a class-action lawsuit filed Jan. 25 in U.S. District Court in Seattle.
The suit claims that Mexican nationals last summer at Sarbanand Farms, owned by Munger, were underfed and overworked and that about 60 of them were illegally fired after staging a one-day strike in response to a worker’s death.
“The companies (Munger and Sarbanand) will vigorously fight the allegations in the complaint, which will be shown to be untrue and without merit,” according to a Munger statement.
The lawsuit stems from events last August at Sarbanand, including the death of farmworker Honesto Ibarra. He was taken away by ambulance Aug. 2 and died four days later at a Seattle hospital. Some workers refused to pick Aug. 4 and were fired the next day.
Labor activists alleged an ailing Ibarra was ordered back to work, though the company said it learned from a relative that Ibarra was diabetic and immediately called the ambulance.
The Washington Department of Labor and Industries will complete an investigation in early February into workplace conditions at the farm, department spokesman Tim Church said Friday. A separate probe into whether the farm followed employment laws is also underway, but the department does not have a deadline for finishing it, he said.
The lawsuit was filed by Columbia Legal Services and a Seattle law firm, Schroeter Goldmark & Bender. It names workers Barbano Rosas and Guadalupe Tapia as lead plaintiffs, but seeks unspecified monetary damages for about 600 H-2A workers recruited to pick last summer at Sarbanand. The suit also names CSI Visa Processing, a Mexico-based labor contractor, as a defendant. Efforts to contact CSI were unsuccessful.
Munger Bros., based in Delano, Calif., calls itself North America’s largest fresh blueberry producer, with more than 3,000 acres in Washington, Oregon, California, British Columbia and Mexico.
Columbia Legal Services attorney Joe Morrison said Friday that the lawsuit doesn’t depend on the circumstances of Ibarra’s death, but rather how workers were treated before and after his death.
“We’re hoping that people get put on notice that you may be able to use the program, but you have to play within the lines,” he said.
The lawsuit alleges that a farm manager told workers they had to pick unless they were on their “deathbed.”
The suit also claims the workers weren’t fed enough, with food running out at some meals. The suit further claims the company violated Washington labor law by firing the striking workers.
Munger, in its statement, said the company takes seriously its responsibility to see to the wellbeing of workers.
“The facts are that operations at the Sarbanand farm in Washington are exemplary. They include modern housing, dining and worker facilities for the H-2A workers. All employees are treated well and are paid well,” the company said.
The company said last summer that by refusing to pick, the workers were violating their H-2A contracts.
Farms are allowed to hire foreign seasonal workers if they can’t find enough domestic workers.
At a press conference Thursday in Seattle, Morrison leveled general criticism against the H-2A program.
“As a matter of public policy, you cannot import thousands and thousands of workers from foreign countries, exclude them from the protection of key labor laws, and expect everything to work out fine,” Morrison said.
Farms must provide housing, transportation and other benefits, such as workers compensation insurance, to H-2A workers. The U.S. Labor Department sets minimum wages for H-2A workers at a higher level than Washington’s minimum wage.
The American Farm Bureau Federation has called for replacing what it calls a “cumbersome” H-2A program with one that gives foreign workers more freedom to choose employers.
JOSEPH, Ore. — Wallowa County is well known for its bronze art and dramatic scenery, but agriculture remains its economic base. In February the county’s literary nonprofit, Fishtrap, presents a weekend of conversations entitled, Winter Fishtrap: The New Agrarians.
Held at the Joseph Center for Arts and Culture in Joseph Feb. 16 through 18, Fishtrap will host regional and local organizations as well as community members to discuss today’s farming challenges from succession planning to the culture of agriculture at the Josephy Center for Arts and Culture in Joseph.
Mike Midlo, Fishtrap’s program manager, said the New Agrarians schedule sets the problems, provides a structured conversation and looks for solutions and a list of action items.
“We chose the subject of agrarians because we know there are people really struggling to make it here and elsewhere,” Midlo said. “If agriculture is important to us as citizens of the West, we want to know what we can do to help farmers succeed.”
The panel discussions and breakout sessions will be interactive and inclusive, Midlo said, giving everyone a voice to come to a greater understanding.
“Whether you are a young farmer or part of the older generation we want to know what the real world solutions are.”
Kate Greenberg, Western program director for the National Young Farmer’s Coalition, will deliver the opening address on Friday night as well as facilitate breakout sessions and moderate panel discussions over the course of the weekend. Joining her is Nellie McAdams, farm preservation program director for Rogue Farm Corps, as well as Kathleen Ackley of the Wallowa Land Trust and Sara Miller and Kristy Athens with Northeast Oregon Economic Development District.
Oregon policy makers will also be on hand to discuss agricultural perspectives from tilling the ground to proposing legislation like Mike Hayward, former chairman of the Wallowa County Board of Commissioners, Brett Brownscombe of Portland State’s National Policy Consensus Center and John Williams, Wallowa County’s Oregon State University Extension agent.
To develop the weekend’s list of events Midlo said a committee of community members was asked, “What is important for people living in Wallowa County and the greater West?”
“We wanted to look at what are the barriers to becoming a farmer today,” Midlo said.
Instead of “how-to” workshops, Midlo said Fishtrap brought together a group of people with diverse voices to talk about something that is commonly important. The theme became The New Agrarians with so many concerns arising about land succession and an aging workforce.
Diminishing farmland and farmers are growing concerns in Oregon. When there is no one to take over the family farm or ranch, producers face tough choices like selling land to be converted into housing developments, driving up land prices and making land too expensive to farm. Zoning laws also impact land use in communities where agriculture is still a primary business.
“Stats show something like 60 percent of farm land is going to change hands in the next 20 years and most farmers are over 60 years old,” Midlo said.
Since 1988 Fishtrap has hosted writing workshops, classes and lectures. While the organization is best known outside Wallowa County for its weeklong event, Summer Fishtrap, held in July at a camp just south of the shores of Wallowa Lake, most of the organization’s offerings are geared to locals.
Winter Fishtrap, Midlo said, is designed to be accessible to a lot of the county’s workforce, farmers, ranchers, forest workers and wildland firefighters who are not available in the summer months and to meet people where they are — whether a producer, a consumer or a policy maker.
“What we are good at is pulling people together; bringing together diverse voices about something that is commonly important,” Midlo said.
When advocates of providing high-speed broadband to all corners of America talk about the “digital divide,” they are talking about places like Gilliam County, Ore.
From the waterfront along the Columbia River in Arlington to the rolling wheat fields surrounding Condon, the county spans 1,200 square miles and roughly 2,000 feet of elevation gain. Many homesteads and farms are tucked away at the bottom of steep canyons, where wireless internet struggles to penetrate.
That creates a challenge for elderly residents who rely on the convenience of telemedicine, and farmers who would like to fit their tractors with GPS steering, said Gilliam County Judge Steve Shaffer. Shaffer spoke Jan. 25 at a community forum in Salem hosted by Connect Americans Now, a coalition dedicated to eliminating the digital divide by 2022.
Specifically, the group has homed in on using what are known as TV white spaces to deliver rural broadband.
“This is a technology that we think will really work for us,” Shaffer said.
TV white space refers to unused television channels on the broadcast spectrum that act as a buffer to avoid interference between active channels. The broadcast spectrum ranges from low-frequency bands like AM radio, which can travel great distances at low data volume, to high-frequency bands like Wi-Fi, which travel shorter distances at much higher volume.
Joe Conradi, national outreach director for Connect Americans Now, said TV white space is the sweet spot between the two, able to reach long enough distances at enough volume for rural broadband.
What the market needs, Conradi said, is regulatory certainty from the Federal Communications Commission. Connect Americans Now launched Jan. 2 and is urging the FCC to leave at least three TV white space channels open in every market, luring much-needed investment to communities like Gilliam County and its population of 1,900.
Fiber will always be the gold standard for internet, Conradi said, but he estimated it would cost $60 billion-$80 billion to bridge the digital divide using fiber alone. That’s why a combination of technologies, including TV white space, is a key part of the strategy, he said.
“The most important thing is we need to put pressure on the FCC,” Conradi said.
More than 34 million Americans, including 23.4 million in rural areas, are without access to reliable broadband, according to Connect Americans Now. Microsoft, through its Rural Airband Initiative, is now working toward a device to turn TV white space into rural broadband, though it has drawn some opposition from the National Association of Broadcasters.
In July 2017, the NAB issued a statement that the proposal “threatens millions of viewers with loss of lifeline broadcast TV programming,” and that Microsoft’s white space technology has been a “well-documented, unmitigated failure.”
Conradi said the coalition has gained some allies in Congress, and has had “great conversations” with U.S. Rep. Greg Walden, R-Ore., who represents rural eastern and central Oregon. Earlier this year, Walden issued a statement praising two executive orders signed by President Donald Trump aimed at improving rural broadband service.
“Too many rural communities in Oregon lack the broadband access they need to join the 21st century economy,” Walden said. “I hear this all too frequently from my constituents.”
Several Oregon cities and counties have already signed on to Connect Americans Now, as well as the Oregon Farm Bureau and Oregon Cattlemen’s Association. OCA spokeswoman Mary Jo Foley-Birrenkott discussed how the internet has become increasingly important for farmers and ranchers to access real-time commodity markets, weather reports and precision agriculture tools.
“Agriculture is the lifeblood of these rural areas,” Foley-Birrenkott said. “Any way they can become more efficient and build those business plans helps facilitate the survival of those towns.”
Apart from farming, Conradi said broadband is crucial for small businesses, schools and health care in small-town America.
“Some of these communities really face extinction within the next 10 years if they don’t get on the right side of this digital divide,” he said.
Rural landowners in Oregon have settled a lawsuit filed that accused their marijuana-growing neighbors of violating federal anti-racketeering law and reducing property values.
However, the question of whether Oregon marijuana growers can be successfully sued under the Rackeeter Influenced and Corrupt Organization Act may still be answered, as a similar lawsuit was recently filed against another cannabis operation.
Last year, Rachel and Erin McCart of Beavercreek, Ore., filed a RICO complaint against more than 40 defendants involved in medical marijuana production, including landowners, growers, retailers and a bank.
Apart from lowering the value of their 11-acre property, the McCarts claimed that two nearby marijuana operations attracted unwanted visitors, increased traffic and generated foul odors, among other problems.
While medical and recreational marijuana were legalized by Oregon voters, the plaintiffs claimed their neighbors were still subject to RICO because the substance is illegal under federal law.
“Given the strict federal prohibitions against each of those purposes, defendants knew these purposes could only be accomplished via a pattern of racketeering. In furtherance of that goal, defendants pooled their resources and achieved enterprise efficiency that no one defendant could have achieved individually,” the complaint said.
The complaint was filed on the heels of a ruling by the 10th U.S. Circuit Court of Appeals, which ruled that RICO claims should be allowed to proceed against a Colorado marijuana operation.
With the large number of defendants in the Oregon case, initial procedural steps took several months before the defendants filed motions to dismiss the complaint.
U.S. Magistrate Judge John Acosta in Portland had planned to take those requests under advisement in early 2018, but then stayed proceedings in the case when the parties notified him of a pending settlement.
On Jan. 26, the judge dismissed the case with prejudice, meaning it can’t be refiled, at the request of the plaintiffs, “without an award of fees or costs to any party.”
Rachel McCart, who is an attorney, did not respond to requests to comment on the settlement deal.
Cliff Davidson, an attorney for a landowner defendant, said the dispute has been resolved but he cannot discuss the terms of the agreement.
In light of uncertainty about marijuana enforcement from the Trump administration, controversies over the crop are bound to continue, he said.
Under the Obama administration, the U.S. Justice Department issued a memorandum allowing states to regulate legalized marijuana as long as they followed certain parameters, such as keeping it out of interstate commerce.
However, the memorandum was withdrawn by current U.S. Attorney General Jeff Sessions, who has instead directed federal prosecutors to use their discretion in pursuing criminal cases against marijuana producers in states where it’s legal.
Alleging violations of the federal RICO statute is an attractive strategy for plaintiffs, since it allows them to recover triple the amount of damages as well as attorney fees, said Davidson.
“If you’re a plaintiff, it’s a good way to maximize the damages you can recover,” he said. “It’s troubling. It’s just another form of shakedown.”
Ten rural landowners near Lebanon, Ore., filed a lawsuit last month alleging RICO violations against seven neighboring marijuana growers and a mortgage company that had loaned them money to buy property.
The complaint claims the defendants built a greenhouse on the property and converted other buildings to grow and process the psychoactive crop, in addition to cultivating it outdoors in 2017.
Aside from odors, traffic and noise, the marijuana operation has reduced property values due to concerns about the potential for armed robberies and other crime, the complaint said.
Neighbors also fear for their safety due to pit bull guard dogs roaming loose and an uncontrolled fire that resulted from the burning of marijuana debris, the plaintiffs claim.
Rachel McCart is representing the plaintiffs in the new lawsuit, which has been assigned to U.S. District Judge Michael McShane in Eugene, Ore.
PORTLAND, Ore. (AP) — A federal judge Wednesday sentenced a man to a year and a day in federal prison for digging a trench during the armed occupation of a national wildlife refuge in southeastern Oregon.
Jake Ryan of Plains, Montana, was found guilty in March 2017 of depredation of government property.
A sentence of probation and home detention seemed likely heading into Wednesday, but Ryan tried to fire his public defender, disregarded the authority of court and asserted that U.S. Attorney for Oregon Billy Williams brought false charges on behalf of an imaginary friend, the United States of America.
U.S. District Court Judge Anna Brown described Ryan’s statements as “gibberish” and agreed with prosecutor Ethan Knight to impose a prison term. Moreover, she ordered Ryan to start serving the sentence immediately.
Dozens of people occupied Malheur National Wildlife Refuge from Jan. 2 to Feb. 11, 2016, in a protest against federal control of Western lands and the imprisonment of two ranchers.
Ammon and Ryan Bundy and other key figures were arrested in a Jan. 26, 2016, traffic stop away from the refuge that ended with police fatally shooting occupation spokesman Robert “LaVoy” Finicum.
The trench dug the following day by Ryan and another man contained artifacts important to the Burns Paiute Tribe.
Ryan addressed a tribal representative Wednesday, saying he loves the rich history of Native Americans and wouldn’t have dug a trench in that spot if he had known it was a burial site. Ryan said the trench was only dug in self-defense, because the occupiers were surrounded by a government authorities “armed to the teeth.”
The trial in which Ryan was convicted came months after Ammon and Ryan Bundy were found not guilty in a separate trial. In another case, a federal judge recently dismissed charges against the Bundys and their father, Cliven, in relation to a 2014 standoff with federal agents in Nevada.
Fresh off their Nevada victory, Cliven and Ryan Bundy appeared last weekend at a “Freedom and Property” rally in Montana. The emcee of the event was Jake Ryan’s mother, Roxsanna.
Jake Ryan’s father, Daniel Ryan, told reporters before Wednesday’s sentencing that seeing Ryan Bundy act as his own attorney in two victories against government attorneys influenced his son’s decision to represent himself.
But Judge Brown wouldn’t go along with it. When she questioned Ryan if he was capable of making legal arguments, he repeatedly replied that he was a living soul — a man capable of handling his own affairs — and that Jake Ryan was a fictitious identity created by the government.
“You are removing me from standing on my own two feet,” Ryan said after the judge kept public defender Jesse Merrithew on the case.
BOSTON (AP) — Massachusetts Sen. Elizabeth Warren and Colorado Rep. Jared Polis are leading a bipartisan push urging President Donald Trump to reinstate an Obama-era policy discouraging federal prosecutors from targeting individuals involved in the marijuana trade in states that have legalized the drug.
The Democrats and 52 other members of Congress have written a letter dated Thursday to Trump, after Attorney General Jeff Sessions lifted the policy earlier this month. Sessions said he would leave it up to prosecutors whether to crack down.
In the letter, the members say lifting the policy puts businesses, consumers and patients at risk.
Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington and the District of Columbia have legalized the recreational use of marijuana by adults.
Others have decriminalized marijuana or legalized its medicinal use.
A judge has refused to dismiss a class action lawsuit seeking more than $1 billion from Oregon’s government for insufficient logging of state forestlands.
Linn County filed a complaint in 2016 accusing Oregon’s forest managers of breaching a contract to maximize timber harvests from forests donated to the state by county governments.
According to the lawsuit, Oregon began prioritizing environmental protection and recreational values over logging due to a policy change in 1998.
The lawsuit was certified as a class action by Linn County Circuit Judge Daniel Murphy, which effectively included 14 counties and more than 100 taxing districts as plaintiffs in the case.
Attorneys for Oregon raised several grounds for dismissing the lawsuit that have now been rejected by Murphy.
The judge has ruled against the state on a particularly controversial point that’s resurfaced several times during the litigation: Whether the doctrine of “sovereign immunity” prohibits county governments from suing the State of Oregon.
Initially, Murphy allowed the case to proceed despite the state’s sovereign immunity claim, but later issued a ruling that it’s a valid defense.
The judge withdrew that opinion and has now again rejected Oregon’s motion to dismiss, referencing his original ruling that counties can enforce their contract rights against the state government in court under these circumstances.
“He’s back to where he’s historically been in the case,” said John DiLorenzo, attorney for the county plaintiffs.
As part of the ruling, the judge also threw out Oregon’s argument that counties can’t seek to “maximize timber revenues” because that term wasn’t included in their contracts.
Oregon’s government is required to manage the forestland for the “greatest permanent value,” but this term is ambiguous and may be interpreted based on the circumstances under which the contract was made, Murphy said.
The judge also disagreed with Oregon’s attorneys that future damages in this case were “too speculative” to be decided, since “forestry experts make these estimates all the time,” and dismissed other motions filed by the state.
Frank Hammond, an attorney representing Oregon, said he cannot comment on pending litigation.
DiLorenzo, the plaintiffs’ attorney, said he’s pleased with the ruling, which removed the remaining obstacles standing in the way of a trial.
For much of the litigation, Oregon’s Board of Forestry — which oversees the defendant Oregon Department of Forestry — has treated the case with derision, DiLorenzo said.
“This should be a signal to state policymakers the court is taking this case quite seriously,” he said. “I hope this is a wakeup call the Board of Forestry might very well lose this case.”
The plaintiffs are amenable to Oregon filing an “interlocutory appeal” to challenge Murphy’s most recent ruling before the Oregon Court of Appeals, DiLorenzo said.
That way, the Court of Appeals can ensure that assumptions about sovereign immunity and other legal issues are correct before the beginning of trial, which may last a month, he said.
“From an efficiency perspective, it makes sense to get direction from the Court of Appeals first,” he said. “Everybody is going to invest a lot of time and effort in this case.”
Oregon lawmakers will consider a proposal when the Legislature convenes Feb. 5 that would tie wolf-livestock compensation for ranchers directly to the state’s overall wolf population.
House Bill 4106 requires the Oregon Department of Fish & Wildlife to prepare a report each biennium detailing the change in wolf population over the preceding two years. Legislators would then allocate money from the general fund to the Department of Agriculture’s Wolf Depredation Compensation and Financial Assistance Grant Program based on the change.
The bill is spearheaded by Rep. Greg Barreto, R-Cove, who represents northeast Oregon where the majority of wolves live, including Wallowa County. Co-sponsors include Sen. Bill Hansell, R-Athena, Rep. Brad Witt, D-Clatskanie, and Sen. Herman Baertschiger Jr., R-Grants Pass.
The idea, Barreto said, is simple — as more wolves settle in Oregon, the state may provide more money for ranchers who suffer livestock losses due to wolf attacks.
“It’s one of those bills that shouldn’t be controversial,” Barreto said. “In fact, it should be a positive on both sides.”
ODFW already does annual reports on the wolf management program, including year-end population estimates. The most recent report stated there were at least 112 known wolves at the end of 2016. An updated 2017 report should be completed in March.
The Legislature also created the compensation fund for ranchers in 2011, which covers actual livestock losses as well as implementing non-lethal deterrents like range riders and fladry to keep wolves out of the pasture.
Funding is administered by the Oregon Department of Agriculture, which then awards grants to individual counties. Barreto said the program issued $395,000 last year for 112 wolves. Those numbers would serve as the base line for future compensation under his bill.
The bill has already garnered support from the Oregon Cattlemen’s Association, which advocates for ranchers statewide.
Todd Nash, a rancher and Wallowa County commissioner who also serves as chairman for the OCA wolf committee, said that as the wolf population has increased, producers are paying an average of $10,000 per wolf on tools to protect their livestock.
The bill is not a fix-all, Nash said, but it will help cover some of the added expenses.
“It doesn’t cover all losses,” he said. “There’s losses we don’t find that never get reported. There’s weight loss and handling differences, the loss of forages in areas where cattle refuse to go ... This is going to be a tough issue for a long time.”
According to ODFW wolf-livestock investigation reports posted online, the agency confirmed 16 attacks on livestock in 2017. That is actually fewer than the 24 confirmed incidents in 2016, but more than the nine confirmed incidents in 2015.
ODFW did authorize orders last fall to kill four wolves from the Harl Butte pack in Wallowa County, and another two wolves from the Meacham pack (though only one was killed) in Umatilla County, for repeatedly preying on livestock. Another four wolves were illegally poached, including three in southwest Oregon where the animals remain on the federal Endangered Species List.
Still, Nash said some ranchers are so fed up and frustrated they are not even bothering to report losses anymore.
“This was a tough year,” he said.
ODFW has also once again pushed back the date for adopting an overdue revision of the Wolf Management and Conservation Plan. The Oregon Fish and Wildlife Commission was scheduled to vote on the plan Jan. 19 before it was rescheduled for April 19-20 in Astoria.
The vote is now postponed indefinitely while the commission conducts additional outreach “in hopes of getting more consensus from stakeholders,” ODFW announced. The Oregon wolf plan was last updated in 2010. Revisions are due every five years.
