In its recent decision, West Virginia v. Environmental Protection Agency the US Supreme Court sent a message to big-government regulators that it will not tolerate over-reach by government bureaucrats. At issue was the Clean Power Plan, passed during the Obama administration which called on the Federal Environmental Protection Agency to develop rules that would require the "best system of emissions reduction" for each energy sector. The problem arose when the EPA drew up rules that would effectively put the coal sector out of business -- which was not the intent of Congress.

Chief Justice John Roberts, writing for the 6-3 majority said, "The only question before the Court is more narrow: whether the “best system of emission reduction” identified by EPA in the Clean Power Plan was within the authority granted to the Agency in Section 111(d) of the Clean Air Act. For the reasons given, the answer is no.

State Representatives Khanh Pham (D-Portland), Pam Marsh (D-Ashland), Zach Hudson (D-Troutdale), Ken Helm (D-Washington County), Andrea Valderrama (D-Portland), and Jason Kropf (D-Bend) have issued a joint statement to denounce the decision, which they claim "strip[s] the Environmental Protection Agency of its power, granted by Congress, to tackle the most pressing environmental issue of our lifetime: the climate crisis."

"The decision makes sense in that the EPA has a myopic mandate, which is to protect the environment. They have no authority or mandate to provide safe, low-cost, reliable energy sources to consumers or businesses. The decision to weigh these factors against each other does and should lie with a democratically-elected, accountable body such as Congress," said one former Oregon State Representative. He noted that the high court had not ruled out the mandates -- just that the EPA did not have the authority to enact them.

The House Democrats countered,

“Today’s Supreme Court ruling will give corporations and special fossil fuel interests even more power to determine our future and survival as a planet, despite decades of precedent and the many climate scientists repeatedly sounding the alarm that we face even more catastrophic disasters as greenhouse gas emissions rise.

“This will be detrimental to our health, safety, and well-being, as communities across the planet face disasters like wildfires, ice storms, drought, flooding, and extreme temperatures.

“We know low-income, rural, BIPOC, youth, women, LGBTQIA+, immigrant and refugee communities are hit hardest by these climate disasters. In fact, studies show BIPOC communities experience disparate health outcomes from increasing environmental hazards that impact reproductive health. Years of redlining and racial discrimination have displaced communities of color into neighborhoods with low tree canopies and contaminated water and air. This means the need for environmental and reproductive justice is urgent in light of the Supreme Court’s ruling last week on Dobbs v. Jackson.

Expressing frustration with judicial dismantling of big-government, Oregon House Democrats said it is the "responsibility of the Biden administration and Congress to use the power voters have clearly given them to put a check on the judicial branch."

Not to be outdone, Senate Majority Leader Rob Wagner (D-Lake Oswego) “Today’s ruling...reflects a huge step backwards in our national fight for clean air and environmental sustainability. This is yet another extreme decision from a U.S. Supreme Court stacked with conservative judges handpicked by corporate special interests. Now more than ever before, Democratic leadership at the state level stands as a critical line of defense against our hijacked federal judicial branch.”

“The scientific community has been clear: we are running out of time to combat the climate crisis,” said Senator Kate Lieber (D-Beaverton), Chair of the Senate Interim Committee on Energy and Environment. “We have made meaningful progress here in Oregon, including passage of Oregon’s historic Coal to Clean Act. In the face of this decision, action from Oregon and other states will be even more important. We need to call on Congress to pass clean energy legislation and move the needle forward nationally.”

Oregon Democrats have a track record of symbolic hostility to fossil fuels, enacting a ban on "fracking" in 2019 with HB 2623. Oregon has few fossil fuel reserves and no hydraulic fracturing -- "fracking" -- has ever been used in Oregon.

Fundamentally, today’s decision demonstrates a shift towards broad deregulation. The dangerous consequences of deregulation could range from worsening air pollution to declining civil rights and housing protections. “Today’s decision creates immediate and devastating consequences in the EPA’s ability to effectively regulate polluters and fight climate change,” said Senator Kayse Jama (D-Portland). “Unfortunately, the Court’s shift towards deregulation has the potential to undermine the work of other federal agencies we count on to protect our civil rights and public health. In Oregon, we have a duty to protect those who are bound to feel these devastating consequences.”


--Donna Bleiler and Staff Reporters

Post Date: 2022-07-06 05:40:04

Last Update: 2022-07-05 19:57:16

Citing fundraising troubles, staff turnover and inability to finalize a contract with the labor union which represents their staff, the left-wing organization Causa which has focused on supporting illegal aliens and their causes, will dissolve as an organization effective July 31 after 27 years. According to a post on their website, their financial status was "not sustainable for the organization."

Adriana Miranda, former staffer for former State Representative Diego Hernandez, was recently the Executive Director of Causa

According to the group's website, "Causa’s board members are proud to support labor unions and to be a nonprofit with union staff members, and voluntarily recognized the union two years ago. But unfortunately, union leadership has been unwilling to enter mediation or put a fair contract offer to a vote, focusing instead on a damaging public pressure campaign. Our most recent attempt to finalize a contract has gone without a response from the union for nearly 8 weeks."

Though the website boasted that the group "won a long fought victory, the culmination of over 10 years of struggle to secure Driver’s Licenses for all undocumented communities in Oregon," they were unable to do that with popular support, losing the fight to issue drivers licenses to illegal aliens in 2014. They were later successful in a Democrat-dominated legislature.

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In 2017, Causa supported the work to pass 17 sanctuary city resolutions to restrict local police from collaborating with ICE, tying the hands of local police departments who are now unable to hand over criminal illegal aliens to federal authorities. During the pandemic, Causa co-led the effort to secure relief funds for illegal aliens in Oregon who were excluded from unemployment benefits.


--Staff Reports

Post Date: 2022-07-05 17:04:30

Last Update: 2022-07-05 17:38:56

For many residents in Yamhill County the tide has turned in the fight for the hearts and souls of Newberg’s school kids. The challenge to an education first majority on the school board, in the form of two recall efforts failed. The dismissal of a superintendent who would not remove politics from the classroom occurred. The hiring of a new superintendent to accomplish the task of returning academics to the classroom is underway. The resignation of one progressive school board member in March was followed by the recent resignations of two more like minded members who found their approach no longer in favor.

Progressive Yamhill is a group which describes itself as "made up of engaged residents and friends of Yamhill Valley who believe in developing a community that both respects and creates equity, inclusion, safety and freedom from fear and hate for all. Our purpose is to educate & inform, and to actively participate in the creation of a local climate in support of these beliefs." They are behind much of the left wing activity in Yamhill County and according to some, they are on their heels.

In March the Newberg City Council, with a progressive majority, was faced with a laundry list of generational projects with which to apply American Rescue Plan Act funds. Normally those would include projects that might justify 20-30 year bonds in conventional financing. The Council chose instead to spend the money to create a temporary camp site for homeless next to a school, ignoring other more suitable camp sites.

Parents have responded with a petition that bans public funding for homeless camps within 1500 feet of a school. Robyn Wheatley, Jenn Sahli and Bill Rosacker are chief petitioners and are actively collecting signatures. The petition is patterned after a similar petition crafted in Bend. Additionally, it would require any homeless camp, funded with tax dollars, to be approved only after a public vote. 2,500 signatures must be gathered in a little less than a month for this petition to be on the November ballot.

This is the latest in a series of contests pitting the anger of the entrenched left against the parents many of whom are fighting back. Progressives have not only quit the school board, progressive resignations from City Council bode well for community members who wish for what they regard as common sense, as the pendulum swings.


--Staff Reports

Post Date: 2022-07-05 09:17:20

Last Update: 2022-07-05 09:04:37

The Oregon Housing and Community Services has announced that Sharon Nickleberry Rogers, CPA, is newly appointed by Governor Kate Brown to serve on the Oregon Housing Stability Council. The council says that they work to establish OHCS’ strategic direction to meet the housing and services needs of low and moderate-income Oregonians, as well as reviews and sets policy for the development and financing of affordable housing in the state.

“Councilmember Nickleberry Rogers brings impressive professional experience and a passion for serving communities facing barriers to housing access,” said OHCS Director Andrea Bell. “We need voices like Sharon’s in our council to support our mission of building and preserving affordable housing in all forms, shapes and sizes for Oregon renters and homeowners.”

Sharon Nickleberry Rogers is a Portland resident.

“My compassion for housing stems from my childhood when my parents provided housing for family members relocating to Portland,” Nickleberry Rogers said. “I recognized early on the importance of housing and knew having a safe place to call home was special. My parents’ commitment to helping others ignited my interest in helping others.”

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Sharon Nickleberry Rogers is employed as a financial analyst with the City of Portland and she has also worked for the Internal Revenue Service.

Nickleberry Rogers received her undergraduate degree from the University of Oregon and two master’s degrees from Portland State University in business and taxation. She lives in northeast Portland with her husband and has a daughter attending college.

Nickleberry Rogers will serve a three-year term and will have the option to serve additional terms. Housing Stability Council meetings are held on the first Friday of the month with additional meetings as needed.


--Ben Fisher

Post Date: 2022-07-05 09:13:07

Last Update: 2022-07-05 09:45:59

In light of the US Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen experts are taking a fresh look at Oregon's Initiative 17, a ballot measure being circulated by the left-wing group, Lift Every Voice Oregon.

The so-called Reduction of Gun Violence Act is 12 pages of regulations on firearm acquisition.

OPB is reporting that the initiative is likely to qualify for the ballot. If it qualifies, it may not pass constitutional muster -- at least now based on the new decision.

Justice Clarence Thomas wrote the opinion, saying, "In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense. We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home."

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Thomas summarized, "Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution."

Initiative 17 seems to go a direction that the court doesn't want to go. From the initiative text, "The People of the State of Oregon find and declare that regulation of sale, purchase and otherwise transferring of all firearms and restriction of the manufacture, import, sale, purchase, transfer, use and possession of ammunition magazines to those that hold no more than 10 rounds will promote the public health and safety of the residents of this state and this Act shall be known as the Reduction of Gun Violence Act."

Kevin Starrett of Oregon Firearms Federation noted, "This measure is about a lot more than 10 round magazines. It creates a new requirement that you get permission from your sheriff before you can even ask for permission from the State Police to buy a gun.

“We think most people who signed the petitions don’t understand the extreme nature of IP 17. We do know paid signature gatherers are promoting it by saying it’s about “background checks.” Something we’ve had for decades.

“We believe when people find out they won’t be able to even buy a firearm to protect themselves unless they have taken a class from police, which the police are not even obligated to give and may not be able to give, they’ll have second thoughts."


--Staff Reports

Post Date: 2022-07-03 21:56:41

Last Update: 2022-07-04 09:17:20

Oregon People’s Vote, a Marion County, non-partisan, election integrity group will be at the Marion County Fair July 8, 9 and 10. OPV members will be available to share resources and to demonstrate to the public the use of the VoteRef website.

According to the website, VoteRef.com is a national database with the purpose of providing public access to official government data pertaining to elections, including voter registration rolls and is dedicated to ensuring transparent, accurate and fair elections within the United States.

According to spokesman, Ian Watts, A common concern with U.S. elections is the problem of inflated and inaccurate voter rolls. He says that this assumption is supported by the well known scientist, physicist, and mathematician Dr. Douglas Frank who is best known for his scientific modeling of U.S. elections.

The goal of OPV is to inform and empower all Oregonians with tools and resources regarding local voting laws and practices, and to raise awareness of possible issues. For example, in Oregon, HB 2681 -- sponsored by current House Speaker Dan Rayfield and passed during the 2021 session -- prohibits moving a voter to "inactive" status if they do not vote, and/or if they have never updated their voter registration. Voters who haven't voted in years are still labeled in the system as “active” and, according to Watts, leave our election system open to abuse by allowing the mailing of unused and unverified ballots that are vulnerable to harvesting and manipulation. Since Oregon currently allows ballot harvesting by law, this situation is ripe for exploitation.

OPV encourages Oregonians to drop by our booth in the Jackman Long Building at the Marion County Fairgrounds in Salem Oregon to learn how you can take positive action towards safeguarding Oregon's voting integrity.

Oregon People’s Vote will be at the Marion County Fair on July 8th, 9th and 10th, the Philomath Frolic on July 7-9, the Linn County Fair on July 14-16, and the Benton County Fair on August 2-7.


--Staff Reports

Post Date: 2022-07-02 11:12:22

Last Update: 2022-07-03 00:56:41

Effective July 5, Oregon Republican Party Chair Herman Baertschiger will be stepping down as ORP Chair. Baertschiger took over the Chair when Dallas Heard resigned on March 11. In a letter to ORP members, Baertschiger sent a farewell message.

As many of you already know I have never intended to be the Chairman of the ORP, however it has been an honor. I ran as Vice-Chair, a supporting role within the leadership of the ORP. With Chair Heard stepping down I ascended to the position of Chairman of the ORP. I knew I had to lead the Party forward uninterrupted in its mission and create as smooth of a transition as possible. I also knew we have several open seats including the Vice-Chair position, all which needed to be filled. I think I have accomplished these things and now need to step away and let these new folks take the reins.

We are so fortunate to have so many wonderful people dedicated to the Republican Party here in Oregon. I am proud of them all and have enjoyed leading them through these times of transition. It is time to pass the torch. I am sure they will do a great job for the party as well as for Oregon.

I am not saying good-bye as I will still be involved in making Oregon a better place for us and our families. I am just saying my job in a leadership position has come to an end and I am very happy on what we have accomplished in these last few months. What great people I have met along the way. I look forward in seeing you again as a Republican.

Oregon Republican Party Vice-Chair Justin Hwang will be the new Chair.


--Staff Reports

Post Date: 2022-07-01 11:50:26

Last Update: 2022-07-01 12:01:05

The Oregon Health Authority has issued a report claiming that “The mental health effects of climate change include those directly related to the physical and traumatic consequences of severe weather events, as well as anxiety, fear and distress associated with slower-moving stressors, perceptions and attempts to understand and respond appropriately to climate change and its implications.” In response to Governor Kate Brown's Executive Order 20-04, the OHA has also released a report describing the impact of Climate Change on Youth Mental Health.

According to this report, "As the effects of climate change grow, researchers and experts have become more concerned about how it will affect our mental health. Mental health impacts on youth are of particular concern as there is a growing youth mental health crisis in the United States.”

The Executive Summary of the Research is showing three main pathways climate change adversely affects our mental health:

• Increased extreme weather events and climate-related disasters
• Chronic climate stressors, such as water and food insecurity, and
• Increased awareness of climate change, leading to climate anxiety.

Study participants reported significant distress consistent with what youth across the globe are reporting. Youth in this study reported experiencing a range of feelings:

• They are experiencing feelings of hopelessness, despair, anxiety and frustration about climate change
• They feel dismissed by adults and the older generation.
• They feel angry that not enough is being done to protect their future.
• They understand climate change as closely linked with systemic racism and oppression. They believe both need to be addressed at the same time.

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One former legislator was critical of the report, calling into question the finding that youth “understand climate change as closely linked with systemic racism and oppression.” “I don't see kids making this connection. If anything, I think that kids have been driven to mental instability by disruption of their schooling patterns by government action in response to COVID. Government does more harm than climate” said the former legislator, who asked not to be identified.

Youth and key participants identified these strategies for nurturing hope and resilience:

• Create space for youth to come together and share their feelings about climate.
• Engage together in making social change.
• Nurture a stronger relationship with nature and our physical environment.

Decision-makers, educators, mental health professionals and environmental professionals support youth mental health and resilience in the face of climate change when they:

• Share power with youth in decision-making about climate and mental health policy and solutions to increase youth’s sense of hope, belonging and agency
• Educate themselves about the connection between climate change and youth mental health and healing centered approaches to engage with youth
• Increase investments in school and community mental health services. These investments are needed to meet increasing demands to support youth, family, and community well-being.

--Staff Reports

Post Date: 2022-07-01 06:01:44

Last Update: 2022-06-30 10:38:04

Oregon OSHA, under the direction of acting administrator Renee Stapleton, is proposing to roll back COVID era restrictions on Employer Provided workplace housing and is asking that persons who wish to participate in the virtual meeting to register for Adjustments to COVID-19 Workplace Requirements for Employer-Provided Labor Housing on July 26, 2022 at 3:00pm

After registering for a webinar, participants will receive a confirmation email containing information about joining the webinar. In order to ensure as many people as possible are able to testify, Oregon OSHA reserves the right to restrict testimony to no more than 5 minutes.

The rule changes have been summarized by Oregon OSHA:

Due to reduced COVID-19 cases and hospitalizations, Oregon OSHA is proposing to make substantive changes to OAR 437-004-1115: COVID-19 Workplace Requirements for Employer-Provided Labor Housing to remove provisions no longer appropriate to this stage of the pandemic. These changes are in response to Governor Brown's announcement of updated health guidance on February 28, 2022 and direction from the Oregon Health Authority.

These proposed changes have been in effect as temporary amendments since April 13, 2022 and are set to expire on October 9, 2022. If these rulemaking adjustments are not made, the rule will revert to the stricter requirements in Administrative Order 15-2021 adopted on December 21, 2021.

Major proposed changes include the removal of several sections of the rule, including (3) Ventilation, (5) Physical distancing monitor, (7) Cleaning and sanitation, and (9) Non-employer-provided transportation for labor housing. In addition, the (2) Definitions section is greatly simplified.

The proposed amendments will remove the requirement for the use of the Air Purification Method or the Capacity Reduction Method to calculate the square footage of spaces where people sleep. However, if air purifiers were provided by the operator as part of this provision, occupants must be allowed to continue to use the air purifier at no cost including the maintenance of the equipment. If occupants choose to use their own air purifier, they must be allowed to do so but they are responsible for the maintenance of it.

As was the case before these adjustments, the proposed rule maintains language that an employee who chooses to wear a mask, face shield, or face covering, even when it is not required, must be allowed to do so.

These proposed adjustments represent a significant removal of COVID-19 requirements, and are a major step forward towards the full repeal of the rule. As stated in the rule, Oregon OSHA will repeal the rule when it is no longer necessary to address the COVID-19 pandemic. Because it is not possible to assign a specific time for that decision, Oregon OSHA will consult with the Oregon OSHA Partnership Committee, the Oregon Health Authority, and other stakeholders as circumstances change to determine when all or parts of the rule can be appropriately repealed.

The comment period closes on August 12. Adoption tentatively will be in September 2022.

To comment:

Department of Consumer and Business Services/Oregon OSHA
PO BOX 14480
Salem OR 97309-0405
Email – OSHA.rulemaking@dcbs.oregon.gov


--Staff Reports

Post Date: 2022-06-30 10:38:04

Last Update: 2022-06-30 11:27:25

Secretary of State Shemia Fagan and the Oregon Audits Division released a follow-up report today to the 2018 audit of Oregon Health Authority's Prescription Drug Monitoring Program. Auditors found that only four of 12 recommendations from the original audit have been fully implemented under the direction of OHA Director Pat Allen.

Despite criticizing her predecessor, Dennis Richardson, for doing "Gotcha" audits, Fagan was publicly and vocally critical of the OHA in the audit.

"The opioid crisis is a grave threat both in Oregon and the around the county," Secretary Fagan said. "This report includes specific actions we can take to improve outcomes in our communities. State legislators and the Oregon Health Authority should implement them as soon as possible."

Auditors focused on the status of 12 recommendations made in 2018. Auditors found four recommendations were fully implemented and three recommendations were partially implemented. Our follow-up work indicates Oregon could do more to promote and enhance the use of PDMP as a tool to help combat drug epidemics. However, legislative changes are needed to fully implement most of the outstanding recommendations. Those recommendations include areas such as data sharing, using the PDMP database, and collecting further information.

The misuse and abuse of opioids and risk of overdose remain a health threat nationally and in Oregon. This involves both prescription opioid pain medications and illicit opioids. Oregon has the highest rate of misuse of prescription opioids in the nation. Oregon's PDMP is an important tool to help address prescription drug abuse and misuse, including opioids, and improve health outcomes. Oregon is still one of the few states not requiring prescribers or pharmacists to use the PDMP database before certain prescriptions are written or dispensed.

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The 2018 Prescription Drug Monitoring Program audit won the National Association of State Auditors Excellence in Accountability award and influenced several other states to audit their PDMP program.


--Staff Reports

Post Date: 2022-06-30 08:45:01

Last Update: 2022-06-30 09:01:44

The Oregon Department of Environmental Quality is proposing that the Environmental Quality Commission approve updates and revisions to the Clean Fuels Program rules. The policy objective of the Clean Fuels Program Expansion 2022 Rulemaking is to expand the program's carbon intensity reduction requirements beyond the currently adopted 10 percent reduction in average carbon intensity by 2025. The new long-term targets will create certainty for investment in and deployment of lower-, zero-, and negative-carbon transportation fuels that are necessary to decarbonize Oregon's transportation sector.

In addition to proposing new carbon intensity reduction requirements, DEQ is also proposing changes to Division 12 and Division 253 to: 1) support the expansion of the program, 2) make the program's rules clearer and more efficient, and 3) ensure that participants in the program are complying with all its requirements.

DEQ is asking for public comment on the proposed rules. Anyone can submit comments and questions about this rulemaking. A person can submit comments by email, regular mail or at the public hearing. DEQ will only consider comments on the proposed rules that DEQ receives by 4 p.m., on Thursday, July 21, 2022.

Interested persons may submit comment by email to:

CFP.2022@deq.oregon.gov

By mail
Oregon DEQ
Attn: Cory-Ann Wind
700 NE Multnomah St., Suite 600
Portland, OR 97232-4100

DEQ plans to hold one public hearing. Anyone can attend this hearing by webinar. The public hearing is online only on July 19, 2022 starting at 9:00am.

To view copies of the notice documents, learn more about this rulemaking, and how to submit comments, you can view the rulemaking web page.


--Staff Reports

Post Date: 2022-06-29 18:09:28

Last Update: 2022-06-29 20:50:49

Secretary of State Shemia Fagan announced the adoption of new mass transit maps today, completing the transit district redistricting process that occurs after each new census.

"Transit boards give the public a voice in how buses, trains and other transportation services operate in their communities," said Secretary Fagan. "The transit redistricting process takes place only once every 10 years and requires a great deal of cooperation. I want to thank Oregon's three mass transit districts for their partnership in this process, particularly their work to meet the public engagement requirements and diversity, equity, and inclusion values required by my office."

New districts maps are available on the Secretary of State's website.

ORS 267.090​  requires the Secretary of State to establish the process for creating and approving revised Mass Transit Redistricting Maps. These maps are redrawn every 10 years following the census. There are currently three Mass Transit Districts in Oregon: TriMet, Cherriots, and Lane Transit District. Members of the districts are appointed by the Governor and confirmed by the Senate. 

In order to comply with ORS 267.090, the Secretary of State adopted 165-008-0150 Mass Transit District Reapportionment Process. This rule outlines the process mass transit districts must use for drawing new districts following the census. 


--Staff Reports

Post Date: 2022-06-28 17:45:18

Last Update: 2022-06-28 18:09:28