The incredible climbing at Trout Creek

The Trout Creek climbing area in Central Oregon – one of Oregon’s truly unique and treasured recreational resources – was closed by the Bureau of Land Management on February 1, 2012.  The Trout Creek area is located above the Deschutes River just outside of Madras, Oregon.  Rock climbers from around the country have traveled to Central Oregon to experience the incredible “traditional” crack climbing, which is situated on a scenic butte overlooking the world-famous Deschutes River.

BLM has been considering a seasonal closure of the Trout Creek area for several months because of potential issues related to Golden Eagles.  A dedicated group of local climbers had been making every effort to talk to the BLM about access issues to ensure that Golden Eagles are protected while also preserving reasonable public access.  Local climbers have been trying to obtain from BLM information on whether and to what extent Golden Eagles have used the area in order to develop a plan to manage human access for the benefit of wildlife.  Golden Eagles are not listed as either threatened or endangered, but they are protected by the Bald and Golden Eagle Act.

Despite the efforts from the local climbing community, BLM first refused to disclose for several months information on Golden Eagle use of the area.  Although the agency was slow to disclose relevant data, it had assured the local climbing community that it would conduct a public environmental assessment process before closing the area.

Despite those earlier promises, BLM suddenly made the decision to close Trout Creek without any advance notice, without any public comment process, and without any environmental analysis.  BLM decided to close Trout Creek from February 1st – August 31st, and the closure could be lifted in May or June if Golden Eagles have chosen a nest besides the one on the main wall or if no nesting has occurred.

The scenic views of the Cascades from Trout Creek

The climbing community and especially the Trout Creek locals have been excellent stewards of the environment and respect the importance of preserving wildlife habitat.  At the same time, there are many open questions as to whether BLM’s heavy-handed tactics are necessary in this situation, including: 1) to what extent do Golden Eagles use the nests near the climbing area; 2) what buffer is necessary to protect Golden Eagles; and 3) how long must the area remain closed before it is determined whether the birds will nest in an particular season.  These issues should have been answered as part of a public process instead of being made by BLM behind closed doors without any public involvement.

Please contact the following people to let your voice be heard.  BLM personnel are good, hard-working people, so please be respectful.  The Crag Law Center will be providing additional information as it becomes available.

Recommended Talking Points:

• Trout Creek is an irreplaceable, world-class recreational resource for Oregon, and it helps to support the local recreation-based economy in Madras and Central Oregon;
• Climbers care about Golden Eagles and are committed to protecting their habitat while preserving climbing access to the extent possible;
• The current closure of Trout Creek was a closed-door decision made without any advance public notice or public input; and
• BLM must conduct a public environmental assessment, disclose all relevant information, and take input from the interested public on Trout Creek access and wildlife management issues.

Resources:

• The Access Fund
• Trout Creek Guidebook
• Mountainproject Info on Trout Creek
• Friends of Trout Creek Facebook Page
• Information on the Golden Eagle
• The Bald and Golden Eagle Protection Act

A coal train passes through Montana

Yesterday, the Port of St. Helens approved agreements with two companies to export coal to Asia — potentially as much as 38 tons per year.  Other ports including Portland, Vancouver, Tacoma, and Kalama have all recently rejected similar bids to export coal from their facilities.  St. Helens (located on the Columbia River about 48 miles downstream of Portland), Longview, the Port of Morrow, and the Port of Coos Bay are three west coast ports still considering export proposals.

Coal has a terrible track record, as Crag Development Coordinator Suzanne Savell well knows from her time spent growing up in the Appalachian mountains.  ”It’s a dirty business.  From the safety of coal workers, to the way it’s transported, to the pollution created when it’s burned, coal is just dirty,” says Suzanne.

Coal exported from Oregon would begin in strip mines in Wyoming and Montana, crossing the west on slow moving, several-mile-long trains, which can obstruct a rail crossing for up to 18 minutes at a time.  Several of these trains, coming and going from the port facility, would block traffic each day in the communities of St. Helens, Rainer, Scappoose, and Portland, disrupting business in each community.  In addition, coal dust from the trains would pollute the air in all the communities through which the coal train travels.  Coal dust causes health problems, including increased rates of asthma in children and exposure to toxic heavy metals like mercury.

The U.S. is not the only country facing coal export. This image shows a rally against coal export in Melbourne, Australia.

As the U.S. moves away from coal as an energy source due to its harmful health and environmental effects, coal companies are looking to China as a market for coal from the Powder River Basin in Wyoming and Montana.  Oregon’s coal-fired power plant at Boardman will be entirely phased out by 2020.  The irony is that coal burned in China returns to the west coast as air pollution and acid rain, dumping mercury and other toxics into our waters, poisoning our air, water, fish and food supply.

In the end, it’s not enough to simply see Oregon as a transit point for coal.  We need to consider where it starts and where it ends up in order to fully understand the implications of a proposal like this for our community and our environment.  For more information, check out long-time client Columbia Riverkeeper’s webpage and fact sheet on coal export in Oregon, and Sierra Club’s Beyond Coal Campaign.

Judge Rasmussen will issue a written ruling.

For more information, check out KLCC Public Radio’s coverage of the case and the January 24 Eugene Register-Guard’s article.

To learn more about the youth who are taking action and speaking out about climate change, check out the Trust Films series produced by Our Children’s Trust, the iMatter Campaign and WITNESS.

Nesting Murrelet, photo courtesy of US Fish & Wildlife

Today Cascadia Wildlands, the Center for Biological Diversity, and Audubon Society of Portland gave the State of Oregon and its forestry departments notice of their intent to file a lawsuit to protect the federally threatened marbled murrelet.

Marbled murrelets are rare seabirds that nest inland in big, old trees.  The birds have large webbed feet and require big tree limbs upon which they can crash land and moss in which they can nest.  Murrelet populations in the Pacific Northwest have been dwindling each year largely due to the loss of the mature and old-growth forests the birds require for nesting.  The marbled murrelet was listed as a threatened species under the Endangered Species Act in 1992.

Tillamook Forest thin

Oregon has a practice of playing fast and loose with the requirements for finding murrelets and their habitat, a practice that has resulted in significant logging of occupied murrelet habitat and fragmentation of the older forests upon which the birds rely.  Couple this practice with the State’s recent decisions to increase logging on Oregon’s coastal state forests – the Tillamook, Clatsop, and Elliott – and the recipe spells disaster for murrelets.

As a result, the Crag Law Center is partnering with Eugene attorney Daniel Kruse and Cascadia Wildland’s staff attorney Nick Cady to represent the groups in a lawsuit against the state.  As described in the notice letter, the State is violating the ESA by causing the “take” of marbled murrelets – i.e., by authorizing activities that are harming and harassing the birds and impacting their breeding.

Marbled Murrelet chick, photo courtesy of Peter Halasz

Read the murrelet_press_release and visit Cascadia Wildlands; the Center for Biological Diversity; and Audubon Society of Portland’s websites to learn more about this issue and marbled murrelets.

Here are some of the news articles talking about this matter:
The Oregonian
The Associated Press
OPB
Portland Tribune
The Register Guard

Whether it is a proposal for drilling in the Arctic, fracking, or building yet another pipeline, a favorite argument of the oil and gas industry is that the project must move forward to ensure the U.S.’s energy independence.  2012 is the time to dispel this farce.

Recent events in the State of Oregon show why.  Amid the hubbub of the winter holidays you may have missed the news that the proponents of the Pacific-Connector pipeline and Jordan Cove LNG terminal (slated to cross Oregon and myriad streams, rivers, and unique and sensitive ecosystems and create a massive facility in Coos Bay) applied for and obtained an export permit.  That’s right, the idea is to export natural gas out of Oregon.

For many of you this probably comes as no surprise. The executive director of Crag’s client Columbia River Keeper Brett VandenHeuvel has long maintained that export is the end game for the proposed LNG terminals in Oregon. It turns out he was right.

But why export?  Because the U.S. is already producing an abundance of natural gas and gas prices are low.  As a member of the Oregon Attorney General’s office explained:  “Exporting liquefied natural gas will actually lead to increased prices for natural gas for industrial as well as residential users.”

That means more profits for the industry but it does not bode well for the U.S. public or our economy.  Moreover, if you read in between the lines you realize that the reason the industry wants to export natural gas is because of its wide spread availability.  And there you have it – the reason the industry wants more natural gas is to make more money from foreign markets, not to increase the U.S.’s energy independence.  Drilling in the Arctic, fracking, building pipelines and LNG terminals will actually not increase our energy independence.  Instead, the oil and gas industry is playing off the fears of the U.S. public to try to change their minds and, perhaps more importantly, their votes so the industry can make more money.

If you don’t believe that, check out the America Petroleum Industry’s Energy Citizen’s latest ad campaign.  In the ad, supposedly every day people tell you to vote for energy.  But when an environmentalist auditioned for the ad, he was shown the door after decrying the industry’s lies to the public.   Not to worry, the activist told Greenpeace about the ad campaign, and Greenpeace launched a spoof on the industry’s ad.

The Greenpeace ad is worth watching and a good reminder to us to think for ourselves and not accept all the tales we are told, even those that have been told for a long time.  Especially in an election year, when the ads get glossier and the truth is harder to find it is critical that we think for ourselves.  Happy 2012 may you find the truth this year wherever it is buried.

2011 topped the records for the number of extreme weather events costing more than 1 billion dollars – we had 12 such events in 2011 totaling almost $200 billion. NASA’s two latest climate reports contain mind boggling conclusions.  The first report uses conservative temperature data from the IPCC, and predicts that by 2100 around 40 percent of our major ecological communities – places like forests, tundra, and grasslands – will be dominated by a different ecological community.  In other words, if you live near a forest, it could become a desert by 2100, or if you live near tundra, it could be transformed into a grassland by 2100.  The second report, relying on paleoclimate data analyzed by top climate scientist Dr. Jim Hansen, paints a harsh reality of what even a two-degree average increase in temperature will mean for our planet. Closer to home and more specific to Oregon, a senior Department of Interior official warned a Congressional subcommittee about the impacts from climate change on the water supplies of western states that rely upon snowpack to provide fresh water.

So, that’s enough about the darkness – where’s the light?  It seems to be stemming from the next generation.  Youth leaders are stepping up all around our country, and the world, to express their concerns over climate change.  A young U.S. woman interrupted the latest climate change negotiations out of fear for her future putting the U.S. Congress and Administration on the spot for not moving the negotiations forward.  Youth in Canada danced in protest of their government’s decision to withdraw from the Kyoto Protocol.

Of course, youth here in Oregon and around the U.S. and the world took the courts last May to demand that the government protect their future from the harmful impacts of climate change. Led by Alec Loorz of Kids versus Global warming and Our Children’s Trust, these members of the next generation are also an amazing inspiration.

Nelson Kanuk on the Kuskokwim River, Kipnuk, Alaska. Photo by Christi Cooper-Kuhn and Kelly Matheson, courtesy of iMatter.org

Our Children’s Trust, the iMatter Campaign, and Witness just released the most recent video of one such climate leader who is involved in a legal case launched last May.  Trust Alaska documents the life and struggles of Nelson Kanuk and native subsistence people along Alaska’s rapidly eroding coastline.  Nelson’s dedication to his family, their traditional way of life, and to sustaining the planet and his home is a true inspiration. Please share it with your friends and family, and may it help light the seasons to come.

We’ll start with a silent auction full of amazing art, beautiful jewelry, gift certificates for gear from Pro Photo Supply and Next Adventure, Clear Creek spirits, gear from Keen and Patagonia, a wine tasting and tour at WillaKenzie Estates, and dinner at Bamboo Sushi, among other things.  While you mingle with friends, enjoy live music by Squirrel Butter and nosh on local and organic food prepared by Simpatica.  Most of the produce for the meal was generously donated by our friends on Grand Island.

Our live auction features an all-star line up of stunning nature photographs by artists including Ansel Adams, National Geographic photographer Joe Riis and renowned Northwest artists Carl Johnson, Larry Olson, Mark Gamba, David Jensen, Darryl Lloyd, Paul Souders, Michael Durham, and Bill Stallings.  We’ll also auction off a rafting trip on the Sandy River through the former Marmot Dam site, a weekend getaway to the coast or the Deschutes, and an instant wine cellar including fantastic Oregon wines from Adelsheim, Natalie’s Estate, Sineann, Medici, Chelalem, and Arbor Brooks.  You could take your pick of any of our live auction items if you’re the winner of our Golden Ticket raffle.  A limited number of tickets will be available, giving you a great chance to win your pick of any item before the live auction starts!

After the live auction we’ll open up the mic for a Crag roast.  This is your chance to tell stories or jokes (embarrassing or otherwise) about how and why you support our team and our work.  There will also be a dance party later in the evening, so stick around and get down with Crag!

Many of our donors and sponsors will be in attendance on Saturday, and I’m very excited to get to share the evening with so many of Crag’s amazing supporters.  Don’t miss out on a chance to take home some great artwork for yourself or as gifts for friends and loved ones, and support Crag while you’re at it.

What: Crag’s 10th Anniversary Party and Wildshots Auction

Where: Holocene, SE 10th and Morrison

When: Saturday, November 5, starting at 5 pm

Get your tickets online today!  If you can’t join us for the event but would still like to show your support and help keep us going for another 10 years, please make a donation.

I know that most of our posts here relate to the work we’re doing in the office, but this one is about how we get to the office.  Every September, the Bicycle Transportation Alliance organizes a bike commute challenge around the state of Oregon, pitting workplaces against each other in the ultimate battle of pedal power.  The goal is to get the highest percent of work days commuted by bike.  It’s ok to combine bike with public transport, and you can count a one-way commute or round-trip.  Doing the challenge in September helps get riders ready for the fall and winter bike commute, although this September was pretty perfect riding weather!

This year we took second in our group (businesses and non-profits with 5 – 24 employees) with a 97% bike commute rate.  We beat out 321 other teams, including the BTA team.  Team Crag rode almost 1,300 miles in the month of September.  In total, there were over 12,000 riders who participated in the challenge this year, riding over 1 million miles.

All of us at Crag bike to work on a regular basis, beyond the September commute challenge.  Biking to work keeps us out of cars, saving carbon emissions and reducing road maintenance costs in our community.  It keeps our muscles moving and hearts pumping, keeping us healthy.  And it feels good!  My commute is 8 miles each way, and I get to ride along the river on the Springwater Corridor trail for a large section of that.  I often see bald eagles, osprey, great blue herons, baby ducks and geese in spring, deer, even raccoon along the trail.  There’s nothing quite like stretching my legs out and watching the clouds glow with the sunset across the river at the end of a long day in the office.  I don’t ride everyday, but I never regret it when I do.  Go by bike!

Measure 37 was passed in 2004 to provide landowners “just compensation” for land use regulations enacted after they acquired their property that allegedly diminished the value of the land.  Claimants did not need to prove an actual reduction in value in order to receive a waiver of those land use regulations that would allow development of the land according to the laws, if any, in place at the time the landowner acquired the property.  Measure 37 was very controversial because it allowed large-scale development on previously protected lands.  As a result, in 2007 the voters passed Measure 49, which provided alternative compensation for landowners and allowed completion of already-begun projects pursuant to Measure 37 waivers only where the landowner could demonstrate a “vested right” to complete and continue the project.  The closer to completion a project is, the more likely the landowner has a vested right to finish the development.

Most landowners chose the alternative compensation offered by Measure 49, but some pushed ahead seeking to develop the full extent of the use proposed under their Measure 37 waivers.  In doing so, many landowners attempted to cheat the system by changing the picture of their project to create the illusion that the development was closer to completion than it actually was.

I’ve been working to safeguard Oregon’s land use protections since I started at Crag three years ago, and Ralph has been fighting this battle since 2004.  Crag’s clients and many other Oregonians recognize that land use safeguards exist to protect everyone’s property values and rights.  The large Measure 37 developments threatened farm, forests and water supplies across Oregon.  The Supreme Court’s ruling safeguards the interests of all property owners and will help prevent further conversion of our irreplaceable farmland into subdivisions, strip malls, and gravel pits.  We congratulate those individuals across Oregon who were willing to stand up for their communities and who never gave up the fight for Oregon’s land use protections.