The battle over climate regulations continues. The latest skirmish is a petition which has been filed by Oregon Business and Industry -- a statewide business lobbying organization that describes itself as "the largest and most effective statewide business advocacy group in Oregon" -- with the Oregon Court of Appeals to request judicial review of environmental rules crafted at the Department of Environmental Quality.

The petition for review of Greenhouse Gas Emissions Program 2021 Rulemaking is a response to Governor Kate Brown's executive order requiring state agencies to adhere to strict climate regulations. This order, in turn, was given as a response to a Republican walk out during the 2020 Session over SB 1530, which was sweeping climate legislation.

The rules were adopted during aspecial meeting of the Environmental Quality Commission, the Governor's appointed board that oversees the Oregon Department of Environmental Quality

According to the petition, "The CPP Rules aim to reduce statewide greenhouse gas (“GHG”) emissions by 90 percent by 2050. To achieve that sweeping objective, the CPP Rules primarily target suppliers of natural gas, gasoline, diesel and other covered liquid and gas fuels. Among other things, the CPP Rules set, and make fuel suppliers responsible for meeting, a total statewide limit (which declines annually) on GHG emissions. In other words, the CPP Rules hold fuel suppliers directly accountable for the GHG emissions from covered fuels used by all Oregonians. The CPP Rules were designed to limit the availability of covered fuels and thereby make it too expensive to combust those same fuels in Oregon, or in certain cases, to prohibit manufacturing facilities from using specific fuels. But because business and consumer use of these fuels is central to Oregon’s economy, the CPP Rules will have a profound and unprecedented impact on everyday life in Oregon. "

When the legislature failed to pass the legislation because of the Republican walk out, Governor Brown retaliated by imposing regulations on state agencies.


--Staff Reports

Post Date: 2022-04-03 14:04:07

Last Update: 2022-04-03 16:12:34

From the plush office in Portland, environmental nonprofits Oregon Natural Desert Association (ONDA), the Audubon Society of Portland, and Defenders of Wildlife, are trying to dictate land management in Eastern Oregon.

It’s no wonder residents of eight Eastern Oregon counties have voted to join the “Greater Idaho” movement. Their goal is to break lose of this Metro run state, and be recognized that their livelihood is needed to sustain Metro.

ONDA attorney, Mac Lacy, has made his career with his eyes on eastern Oregon’s public lands, wilderness and imperiled species. Recently his aim is protecting Oregon’s vast sagebrush landscape for the sage grouse.

Representing ONDA, Lacy’s latest effort is to chase ranchers from rangeland by filing a temporary restraining order and preliminary injunction against grazing on 13 Oregon pastures.

The case is against BLM and Cahill Ranches to accelerate a 2015 Oregon Greater Sage- Grose Record of Decision/Approved Resource Management Plan Amendment (ARPMA), a conservation plan for Research Natural Areas (RNAs) that prohibits grazing in 13 pastures to allow for research on the sage grouse.

That plan identified 15 pastures to be closed to grazing for research with a two-year notice. Two have been vacated, and it calls for 39 miles of fencing. ARPMA was developed during the Obama administration then dropped from a revised version enacted by the Trump administration. However, a federal court reinstated it in 2019, which the environmental groups are pursuing.

U.S. District Judge Michael Simon released an opinion and order on March 29 saying the environmental plaintiffs haven’t shown that turning cattle out on the pastures will cause irreparable harm to sage grouse or to rangeland research.

ONDA and Attorney Lacy didn’t stop at the 13 pastures in the conservation plan.

Judge Simon’s opinion states, “Moreover, closure of the four pastures containing RNAs set for grazing in April would enjoin grazing on significant portions of land not designated as an RNA by the 2015 ARMPA. Because fencing has not yet been installed, Plaintiffs propose that the Court order Defendants to close the entire pastures that contain the key RNAs. The total acreage of the key RNAs 21,779 acres. The total acreage of the pastures containing the RNAs is 197,867 acres. Thus, Plaintiffs ask the Court to close 176,088 acres of pasture not designated as key RNAs under the 2015 ARMPA.”

Ranchers are asking, what is more detrimental to the sage grouse, co- habitat with cattle or fences?

The BLM attorney argued that it must follow bureaucratic processes before halting grazing and building the necessary fences to keep cattle out. Fences aren’t an environmentally friendly way to close pastures and it impacts wildlife and plant species so BLM is studying alternative methods. BLM has not identified any data that would be lost or not collected if the closures don’t happen on schedule. So why is ONDA so impatient?

US Agricultural Research Service rangeland scientists David Ganskopp (now retired) and Chad Boyd studied cattle grazing patterns on sagebrush communities. They found that cattle first preferred to graze on perennial grass growing between sagebrush plants where the sage- grouse nest and feed. They concluded that ranchers could preserve grouse habitat by monitoring grass available.

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The livestock industry is the best suited for eastern Oregon’s rough land and weather conditions. It’s where most of Oregon’s cattle are raised with and estimated production value of $493 million, ranked as Oregon’s second highest agricultural commodity. Ranchers have united to form Oregon Country Beef cooperative to emphasize stewardship of the land that enables them to brand their beef as a specialized “natural” commodity. Limiting pasture land will have consequences.

Why did Lacy and ONDA file the injunction when they knew they were exceeding the ARMPA?

This is a tactic in search of a liberal judge, and they weren’t counting on Judge Simon calling them out. Inflation could be worse if our food supply is threatened. Judicial races do make a difference.


--Donna Bleiler

Post Date: 2022-04-03 10:15:55

Last Update: 2022-04-03 14:52:18

Oregon Health Authority (OHA) and the Oregon Medical Board have now settled a lawsuit by ceasing to require terminally ill people to be state residents in order to obtain deadly medication to end their own lives.

Oregon is the first state to drop the residency requirement.

Dr. Nicholas Gideonse, Portland physician represented by Compassion and Choices, a non-profit that advocates for physician-assisted suicide, filed the lawsuit last October contending that restricting the right to die by state lines violated Oregon’s Death with Dignity Act and the U.S. Constitution.

Gideonse’s suit was against the governor, attorney general, Multnomah County’s district attorney and state health officials. The attorney claimed the requirement was both discriminatory and profoundly unfair to dying patients at a critical time in their life. “In no other way is my practice restricted to Oregon residents,” Gideonse said. His statement specifically mentioned impeding quality care for Washington patients that are terminally ill.

Washington State legalized assisted suicide on March 5, 2009, called the Death with Dignity Act that is similar to Oregon’s law. It allows a terminally ill patient to request a lethal prescription from their doctor if they have less than six months to live.

While Washington has a law, providers in the southwestern part of the state are religiously affiliated facilities that prohibit it.

California has also passed an assisted suicide law in 2016.

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Nine states have legalized physician-assisted suicide including Oregon, California, Washington, Colorado, Hawaii, Maine, New Jersey, New Mexico, Vermont plus DC. Montana requires a court ruling.

Still, Oregon Right to Life advocates voiced concern that there is a dangerously short physician-patient relationship that would provide protection against predatory practices providing no accountability on life and death issues.

Oregon could become an assisted suicide tourism destination.

OHA records indicate some 2,159 people have died from prescription lethal drugs under the law since it took effect in 1997. Advocates want to press other states to also drop their residency requirements.


--Donna Bleiler

Post Date: 2022-04-01 09:53:47

Last Update: 2022-04-01 10:13:15

Governor Kate Brown has announced that she has appointed Andrea Bell as the Director of Oregon Housing and Community Services, effective April 1. In this role, Bell will lead the agency responsible for state housing supports, financing, and coordination across the housing continuum. The agency budget is a massive $2.3 billion for the current biennium.

“I’m thrilled to name Andrea Bell as Director of Oregon Housing and Community Services,” said Governor Brown. “In her role as Acting Director, Andrea and I worked together to successfully make the case for OHCS to receive $16 million from U.S. Treasury, bringing additional rental assistance resources to Oregon families and helping ensure thousands of Oregon’s most vulnerable residents could remain stably housed. She has consistently demonstrated the leadership and collaboration skills necessary to expand affordable housing in Oregon, strengthen tenant protections, help people experiencing homelessness find homes, and address the racial disparities that have existed in housing policy in this country for far too long. Oregon is incredibly fortunate to have such an impactful leader at such a critical moment.”

“I was humbled when Gov. Brown called me to say that she was appointing me to lead OHCS,” said Bell. “I’m driven by the belief that all Oregonians deserve safe, stable and affordable housing and I feel fortunate to be in a position to guide a talented and dedicated team to advance this work across the housing continuum during such critical times. Housing continues to be a vital determinant of health for all Oregonians, and our work continues.”

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Director Bell began serving as Acting Director in February when OHCS’s former Executive Director was appointed by the Biden Administration to be the Department of Housing and Urban Development Regional Administrator for Region 10. Bell joined OHCS in April 2019 as the Assistant Director of Homeless Services and became Director of Housing Stabilization in 2020 where she led the implementation of a wide range of homeless services, energy and weatherization assistance, rental assistance programs and policy initiatives.

Bell has held pivotal leadership positions in the public sector at critical junctures. Previously, she served as the Housing Director within an Arizona Medicaid health plan administration, where she directed the operations and expansion of state-funded Permanent Supportive Housing programs, as well as deployed sustainable solutions to end homelessness and align funding and policy at the intersection of health and housing. During her tenure, she spearheaded the state’s first tax credit project using Housing Trust Fund resources and led the Governor’s Housing and Health initiative aimed to provide long-term housing opportunities for people experiencing homelessness with serious mental illnesses and substance use disorders.


--Staff Reports

Post Date: 2022-03-31 15:46:41

Last Update: 2022-03-31 15:54:06

In yet another sign the office of Secretary of State is being politicized by Secretary of State Shemia Fagan (D-Portland), the Audits Division has released an advisory report breathlessly entitled Oregon Can Do More to Mitigate the Alarming Risk of Domestic Terrorism and Violent Extremist Attacks

Though the announcement of the report says that "over the past decade, Oregon witnessed the sixth-highest number of domestic violent extremism incidents in the nation," the report contains a timeline of events that have nothing to do with Oregon, including the standoff at Ruby Ridge, the Oklahoma City Federal Building bombing, and a shooting in a Black church in Charleston, South Carolina in which nine people are killed.

“Oregon must be an inclusive place where everyone is and feels safe.” said Secretary of State Shemia Fagan. “The rise in domestic terrorism is an immediate threat to Oregonians and we cannot simply wait for the next incident to occur. We can and must take immediate steps to prevent individuals at risk from being radicalized and becoming violent.”

In a comical cover-up, the report describes the BLM and Antifa violence that raged in Portland as "Portland saw a high number of protests during the summer months of 2020. During one clash between ideologically opposed groups, a far-left extremist shot and killed a member of the opposing group," as if the violence was driven by both left and right wing extremists.

The report accounted the entry into the Oregon Capitol during the 2021 session. It said, "Far-right protesters breach the Oregon State Capitol. Multiple people are arrested, and a state legislator later found to have let them in is expelled from office." That legislator, Mike Nearman responded, saying "People entering a public building during a legislative session is hardly on par with trapping police officers in a building and attempting to set the building on fire, as Antifa did in Portland in 2020." He continued, "We have so many problems in Oregon. Right wing domestic Terrorism doesn't seem to be at the top of the list."

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The report claims that Oregon is one of only 16 states that does not have any legislation defining or criminalizing domestic terrorism or domestic violent extremism at the state level.

The report calls out what it claims is the impact of the "escalation in violence," saying "Ultimately, Oregonians continue to be at risk from the trauma caused by these incidents, which can have lingering effects and may have a greater impact on communities already suffering from the COVID-19 pandemic or racial injustice. This continued trauma can impede the ability of individuals and communities to succeed, thrive, and enjoy their economic, social, and cultural rights."

The report even admits that it falls short of what is expected from the Audits Division, saying "While today’s report is not technically an audit under government auditing standards, it has undergone the same quality assurance process as an audit from the Oregon Audits Division. Issuing an advisory report allowed for a timelier project to recognize the impact on state agencies and other involved entities as other emergency events were being addressed." For some, such a report is nothing more than a taxpayer funded political operation.


--Staff Reports

Post Date: 2022-03-30 18:49:01

Last Update: 2022-03-30 20:39:26

Mariah Grant, advocacy director for the Sex Workers Project (SWP) at the Urban Justice Center, a New York City based law clinic has instituted the Decrim Work Campaign in Oregon from her New York office.

“By decriminalizing sex work," Grant explained. "Oregon will become the first state to fully respect the rights, dignity, and safety of sex workers.”

The New York SWP invested $1.2 million to expand beyond New York into Oregon.

That donation came from Aaron Boonshoft, a Portland resident, according to Willamette Week.

Representative Rob Nosse (D-Portland) sponsored HB 3088 in 2021 at the request of the SWP.

They used Oregon’s liberal legislature as a test case.

After HB 3088 failed to pass, a Sex Workers Human Rights Commission was formed in Portland on July 15, 2021. Rep. Nosse co- chaired with Executive Director/co-founder of SWOP Behind Bars and Board member of SWOP, Alex Andrews of Florida.

Others on the committee from Oregon are: Senator Elizabeth Steiner Hayward, Portland Commissioner Jo Ann Hardesty, and Elle Stanger, a certified sex educator (CSE). Others represent Nevada, New York and California.

The Committee’s report clearly indicates sex workers is not limited to traditional prostitution. Attempting to fit into the equity agenda, racial disparities, LGBTQ people of color, LGBTQ immigrants, and transgender people are the focus of many adverse activities.

Alex Andrew, a Florida resident and board member of Sex Workers Outreach Project USA (SWOP-USA) is a left-of-center activist organization which supports the decriminalization of prostitution and other forms of “sex work.” The organization is based in Berkeley, California.

The organization has expanded, adding chapters nationwide. In 2004, SWOP tried to pass Measure Q in Berkley making enforcement of all prostitution laws the lowest priority of Berkeley’s police department. Opponent said prostitution is not a "victimless crime" -- it victimizes the community, local women harassed by johns and escort agencies, as well as the entrapment of the sex workers.

SWOP isn’t just about work recognition of prostitutes.

The SWOP website mission statement says SWOP is committed to the safety, autonomy, and human rights of people in the sex trade, and stands in solidarity with the many social justice movements intersectional to our own, including but not limited to Black Lives Matter, disability rights, drug and immigration reform, gender equality and the LGBTQ movement, and the rights of the working class.

Chapters are required to promote local LGBTIQQ Pride, and Transgender Day of Remembrance. Oregon doesn’t have a chapter, which is another indication of out-of-state forces trying to influence Oregon.

Aaron Boonshoft, a philanthropist funding SWP and son of wealthy Ohio commodities trader Oscar Boonshoft, launched Compassionate Action Team in 2020 to advocate for human rights. In November 2021 he filed Oregon Initiative 42, the “Sex Worker Rights Act.” After comments were received, Initiative 42 was withdrawn and refiled as Initiative 51 for the November 8, 2022 ballot.

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Some of the revisions have to do with clearly stating to voters what the measure does, such as the work constitutes a contract between “sex workers” and sex buyers as binding. Other comments claimed it violated the single- subject rule by making changes to numerous statues that are unrelated such as child custody matters.

The 67-page Initiative 51 states under Findings and Policy, “It is the policy of the State of Oregon that sex workers are entitled to their human rights, and consensual, adult behavior that does not cause harm should not be criminalized.” It attempts to differentiate sex workers from unlawful activities of sex trafficking, sex abuse or sex involving a minor.

They want their privacy rights while still wanting equal labor rights. They suggest their tax contributions will be convincing to voters.

Initiative 51 does not address all the concerns that were expressed. It now awaits a certified ballot title and approval to circulate. Then they have until July 8 to collect 112,020 verified signatures.


--Donna Bleiler

Post Date: 2022-03-30 17:16:33

Last Update: 2022-03-30 17:43:12

Former Oregon House Speaker Tina Kotek leads all Democrats in the race for Governor, as far as fundraising goes, but not by much. She's raised a little over $1.5 million, while her opponent State Treasurer Tobias Read has raised over $1.1 million. Far behind is Patrick Starnes who has raised $46 thousand.

In all, 15 people have filed as Democrats to be Oregon's next Governor. Five of those have filed a Political Action Committee but have not raised any money and another five have not even filed for a PAC. Two other Democrats have raised small amounts of money -- Dave Stauffer and Wilson Bright.

Kotek is expected to draw much of the public employee union money -- just this week, she pulled in another $50K from SEIU, Oregon's second largest public employee union -- and is seen by many as the leftmost of the two leaders. Read has positioned himself as a business friendly, more moderate candidate. Whomever emerges will have to contend in an election in which Democrats are expected to underperform their historical dominance in Oregon.

Interestingly, the Democrat Gubernatorial field has two contenders who have previously run for office as members of other parties. Michael Cross ran for Attorney General as a Republican in 2020 and Patrick Starnes ran for Governor the same year, as a member of the Independent Party of Oregon.

The elephant in the room is, of course, former Democrat and State Senator Betsy Johnson, who has raised a commanding $5.2 million with $4.4 million on hand -- and no primary to spend it on.


--Staff Reports

Post Date: 2022-03-29 12:12:17

Last Update: 2022-03-29 13:12:55

In what many are calling "symbolism over substance," Governor Kate Brown has signed SB 1560 into law. This legislation changes the term "alien" to "noncitizen" in Oregon’s code of laws, formally known as Oregon Revised Statutes (ORS). The bill also directs executive branch agencies to replace "alien" with "noncitizen" in their rules and regulations within six months of enactment. Senate Bill 1560 passed through the Legislature with strong bipartisan support in both chambers.

“Referring to immigrants and refugees as ‘aliens’ is an outdated, dehumanizing practice that stems from xenophobia and allows individuals to express bigotry without using overt racist language,” said Senator Kayse Jama (D-Portland), Co-Chief Sponsor of SB 1560, who introduced the measure for consideration during the 2022 Legislative Session. “As a former refugee, who was once classified as an ‘alien,’ I am proud that the Legislature voted to update our laws to reflect our values. I hope we can serve as a model for other states.”

“In Oregon, we welcome immigrants and refugees from around the world, recognizing that these communities are a vital part of the fabric of Oregon’s history, culture, and economy,” said Governor Kate Brown. “I am pleased we are making progress through efforts like the Welcoming Refugees Bill, the creation of the Office of Immigrant and Refugee Advancement and now, removing a dangerous label from our lexicon through SB 1560. Words matter, and I applaud Senator Jama and all Oregonians who worked to make this important change.”

“We are delighted that Governor Brown signed SB 1560. This bill makes a small change that has a huge impact on peoples' lives. Updating our states’ statutory language is a critical step to ensure that immigrant and refugee Oregonians are treated with dignity and respect,” said Isa Peña, Director of Strategy, Innovation Law Lab, who also testified in supported of the bill. “This law ensures that our language is aligned with our values and is no longer dehumanizing and derogatory.”

Senate Bill 1560 takes effect on January 1, 2023.


--Staff Reports

Post Date: 2022-03-28 17:53:15

Last Update: 2022-03-29 17:54:08

Oregon Secretary of State Shemia Fagan announced today the start of the Oregon Blue Book Student Essay Contest. The theme for the 2023-2024 Oregon Blue Book is, “Oregon Students Share Their Pandemic Experience.” Students are encouraged to submit written or video essays.

“The Oregon Blue Book is our state’s official almanac and fact book. Each edition captures a snapshot in time for Oregon with information about Oregon’s economy, population and elected officials,” said Oregon Secretary of State Shemia Fagan. “Given how the COVID-19 pandemic has impacted so many aspects of life for all of us, it’s my hope that this essay will give students a voice to express their own experience navigating a global pandemic.”

Elementary and middle-school aged students are encouraged to submit written or video essays. Written essays must be 100-300 words and will include an illustration to go with the essay. Video essays must be two minutes or less. Contest rules and submission information can be found here. The contest is open until Thursday, October 20, 2022. Winners will be announced in January 2023.

“I’m looking forward to watching and reading thoughtful essays from Oregon students about this unique moment in Oregon’s history,” said Stephanie Clark, Oregon State Archivist.


--Staff Reports

Post Date: 2022-03-28 10:31:09

A man was arrested and is facing a felony assault charge after stabbing a security guard in the head with a makeshift weapon in the Portland Old Town neighborhood.

On Saturday, March 26, 2022 at 10:20a.m., Portland Central Precinct officers responded to a report of a stabbing near Northwest 5th Avenue and Northwest Couch Street.

The victim, a uniformed security guard, was reporting that he had been assaulted and was following the suspect as he walked away.

Officers caught up with the suspect at Northwest Broadway and Northwest Hoyt Street and arrested him.

The victim was transported to the hospital by ambulance with non-life-threatening injuries.

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The investigation revealed that the victim was ordering coffee when the suspect walked up behind him and without warning stabbed him in the head with a makeshift weapon made of a plastic bottle and two sharpened colored pencils.

The victim was wearing a bicycle helmet at the time and the pencils pierced part of the helmet foam before puncturing his skin. The weapon was later seized as evidence.

Samuel J. Kusaj, 51, was booked into the Multnomah County Detention Center on charges of Assault in the Second Degree and Unlawful Use of a Weapon.


--Bruce Armstrong

Post Date: 2022-03-27 12:22:30

Last Update: 2022-03-27 12:29:25

Oregon OSHA has fined Dollar Tree Stores Inc. $32,000 for repeatedly exposing employees to potential serious injury from unsecured materials falling on them, tripping and falling in cramped aisles, and inaccessible fire extinguishers and emergency exits.

The penalty was issued as part of a citation resulting from an inspection of the Dollar Tree at 29756 SW Town Center Loop West in Wilsonville.

Under Oregon OSHA rules, penalties multiply when employers commit repeat offenses. The $32,000 fine following the inspection of the Wilsonville site reflects the fact that most of the violations identified there were repeats of violations cited previously at other Dollar Tree locations in Oregon.

The citation against the Wilsonville location stems from an inspection the division initiated in response to a complaint.

The inspection – launched in late 2021 and wrapped up in February – included interviews, on-site walk-throughs and observations, and an examination of records, including internal company audits revealing workplace hazards left unaddressed.

The inspection identified five violations, four of which involved repeat offenses, exposing employees to serious physical harm.

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“The workplace safety and health standards enforced by Oregon OSHA are there for a reason, so that employers have clear and time-tested steps to follow to keep workers out of harm’s way,” said Lou Savage, interim administrator for the division. “Failing to follow them is not an option. Repeatedly failing to follow them serves only one purpose: to deepen the risk of severe injury and suffering.”

Altogether, Oregon OSHA cited Dollar Tree Stores Inc. for the following violations at the Wilsonville location, reflecting the application of increased penalties for repeat violations of the same rule at other stores in the state:

• Failure to stabilize and secure boxes of merchandise to prevent them from falling onto or in the path of employees, which potentially exposed employees to struck-by, trip, and fall hazards. It was the sixth repeat violation of this rule since 2018. Penalty: $7,500
• Failure to ensure an adequate width for aisles and walkways, which potentially exposed employees to trip and fall hazards. It was the fourth repeat violation of this rule since 2019. Penalty: $10,500
• Failure to ensure that stored materials, including merchandise in the stockroom and at the back of the store, did not block access to portable fire extinguishers. It was the second repeat violation of this rule since 2018. Penalty: $3,500
• Failure to ensure that merchandise, carts, and conveyor rollers in the stockroom did not block emergency exit routes, which potentially exposed employees to trip and fall hazards, and smoke inhalation or burns. It was the second repeat violation of this rule since 2020. Penalty: $10,500
• Failure to keep written records of safety committee meetings for three years, including names of attendees, meeting dates, safety and health issues discussed, recommendations for corrections, and dates by which managers agree to follow up on corrections.

--Bruce Armstrong

Post Date: 2022-03-25 19:55:44

Last Update: 2022-03-25 20:15:33

Ben West is running for Clackamas County commissioner.

He is a sixth-generation Oregonian who has lived in Wilsonville since 2014.

He’s a registered nurse at Oregon Health and Science University’s cardiology clinic and has served on the Wilsonville City Council for the past 3.5 years.

From the Oregon Legislature all the way to the U.S. Supreme Court, Ben has successfully fought for civil rights and for foster families.

In his spare time, Ben regularly travels to Peru to provide medical care at children’s hospitals and to indigenous populations along the Amazon River.

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He’s running for Clackamas County Commissioner, Board Position 5 to be a strong voice for working families and to ensure a stronger future for the county and all of the its residents.

West is opposed to road tolls in Oregon, "I am firmly opposed to burdening working families by charging them to drive on roads that they’ve been using to get to their jobs."

He has also spoken out against high-density housing mandates. "I think part of the reason people live in suburbs or small towns is so they can own a single-family home with property," West explained. "I want to preserve that quality of life for our residents, instead of trying to force everybody into high-density housing."


--Staff Reports

Post Date: 2022-03-25 10:14:14

Last Update: 2022-03-28 12:20:21