Celebrating 10 Years artwork by Asante Riverwind artwork by Goshawk Flight Crag Law Center Spring 2011 A View of the Summit photo by Justin Bose Ten Years of Service by Chris Winter, Staff Attorney

In 2011, the Crag Law Center cele- tion, and we hope you will join us as we brates our 10th Anniversary, a time for us look back and pay tribute to many years to reflect on our successes and prepare of hard work. for the long road ahead. In this issue of Our story starts in the summer of 2001, the Summit, we focus primarily on our when Ralph Bloemers and I left high current work, including stories on Grand paying jobs at a large corporate law firm, Island in the Willamette Valley, offshore unsatisfied that our skills were being used drilling in the Arctic, and gravel mining solely for profit and not the broader pub- on the Rogue River. We also profile three lic interest. At the time, we had a vision unique and dedicated individuals who of providing professional legal services are making selfless contributions to the for free or as close to free as possible to organization: Emily Bartha, a new board groups working in the public interest member, and Dick and Jeanne Roy, two on natural resource issues. After many of our generous donors. At the same months of soul searching, we jumped time, however, we are taking time to com- ship to start the Crag Law Center. Crag founders Chris Winter and Ralph Bloemers at a 2002 civil protest of the George Bush era memorate the history of our organiza- In the first issue of the Summit, in the gutting of protections of Pacific Northwest roadless and old growth forests. winter of 2002, I talked about the doubt- FEATURES ers who questioned whether we would possible. Those people include you – our our collective work. Our anniversary will ever have a real world impact through supporters – who encourage us, donate culminate on November 5, 2011, with It’s A Grand Island...... 4 our work. When we first started Crag, we to our organization, and congratulate us our third WildShots benefit auction. Stay Rogue Mining Threatens Fish operated on faith and dedication – faith on our successes. Without your support, tuned for more information, and until and Communities...... 10 that we were doing the right thing and Crag would not exist! So please join with then give yourself a big pat on the back Measure 37 Update...... 12 that our hard work would pay off for our us over the next year to commemorate for a job well done! • Outreach Update...... 13 clients and the broader public. We didn’t listen to the skeptics. Instead, we focused DEPARTMENTS on public service and implementing our Ten Years at a Glance vision for a new organization. Crag protected the North Side of Mount Hood from Donor Highlight Now, after 10 years, our faith and hard • Dick and Jeanne Roy...... 5 a massive proposal to pave the watershed and build work have paid off. By serving our clients subdivisions and shopping malls. Upcoming Events and putting their interests at the forefront Pato Banton Benefit...... 6 of our work, we have achieved major victo- • Crag has safeguarded thousands of acres of old-growth forest Federal Focus ries for Oregon and the Pacific Northwest. across Oregon and Washington that provide clean water, clean Air Victory for the Inupiats...... 8 air and wildlife habitat for current and future generations. As we celebrate over the next year, we Board Highlight will be honoring not only these successes, Crag defends special places on the Oregon Coast like the Sand Lake Emily Bartha...... 13 • but also the behind-the-scenes support Estuary, Botts Marsh, and the Miami and Coquille Rivers. of so many people who made the work • Crag has worked to protect water quality and salmon habitat in the Tillamook State Forest. Crag is a client-focused law center that supports community efforts to • For the last four years, Crag has worked with Native communities to protect protect and sustain the Pacific Northwest’s natural legacy. the Arctic Ocean from the irresponsible drilling plans of Royal Dutch Shell. www.crag.org 2 a View of the Summit Spring 2011 3 www.crag.org It’s A Grand Island Donor Highlight by Ralph Bloemers, Staff Attorney Agents of Change: The Willamette River flows from high in In response, the people of Grand Island Crag Supporters Dick and Jeanne Roy the Cascades down to the Columbia. The came together to protect their farms from river’s floodways have some of the most this proposal and they contacted Crag for by Suzanne Savell, Development Coordinator fertile soil in Oregon, and many farms help. Just one visit to the island revealed extend right to the river’s banks, including to us a place that is emblematic of Yamhill For a lot of people, the challenges we Circle of Influence” and are now working on places like Grand Island. County, the Willamette River basin, and face in addressing climate change, ocean to effect change within their workplace, family farmers who are committed to sus- acidification and large-scale timber or neighborhood, child’s school or other photo by Ralph Bloemers taining their families for generations. mining operations are overwhelming. group in which they are involved. People wonder: how can Dick & Jeanne Roy are Crag agreed to take on this challeng- we make a difference? ing work. We acted quickly to retain a nationally recognized groundwater expert, a mining expert, Crag supporters Dick leaders in the sustain- a river scientist, and a wetland biologist and Jeanne Roy believe ability movement. Before who carefully reviewed the proposal and that everyone has the founding the Center found significant gaps and flaws in Baker potential to create lasting for Earth Leadership, Rock’s application. We have been working change. They have dedi- the Roys led the devel- with the farmers ever since to educate the cated their lives to helping opment and growth of Yamhill County Commissioners, who have people realize their own Northwest Earth Institute, the power to deny the proposal. potential. In 2007, the the Oregon Natural Staff Attorney Courtney Johnson with Grand Roys founded The Center Step Network, Recycling Island clients Craig Markham, Kris Bledsoe and photo by Suzanne Savell for Earth Leadership with Advocates, the Oregon Sam Sweeney at the site of the proposed quarry. the singular vision that High School Earth Club “citizens will provide the Network, the Coalition Located in Yamhill County. Grand essential leadership to a for Commercial-Free Island is a great place to farm because sustainable culture.” Schools and the Sustain- able Investment Institute. of its amazing soils. Each acre produces “People say that an more food and for a longer period than environmentalist activist is A graduate of Harvard most other land in the valley. The island ‘out to save the world’ but Crag supporters Dick and Jeanne Law School, Dick worked supports cherry orchards, organic com- this is not realistic, and Roy recieved a Green Giant Award 23 years as a corporate munity supported agricultural opera- Dick and Jeanne get it,” at the 2008 Go Green Conference. lawyer at Stoel Rives, tions, and family fun in its pumpkin says Crag co-executive di- resigning in 1993 to join patches. People come here to bike, visit rector, Ralph Bloemers. We all have circles Jeanne as a full-time volunteer. “When I the state park and fish. Beverly May visits with Kris Bledsoe and of influence within which we can create was an associate at Stoel Rives I heard the Margaret Scoggan at Kris’s Grand Island farm. Last year, a gravel mining company change. Through educational workshops, legend of Dick Roy, a high-powered corpo- called Baker Rock Resources came along programs and publications, the Center rate lawyer who ‘retired’ to start an organi- One key question for the commission- and bought up 174 acres of prime farm- focuses on individuals’ potential to take on zation dedicated to providing people and ers is whether the County should sacrifice land on the upstream end of the island. leadership roles and reduce their personal business the tools to build a sustainable farmland that has sustained families for Baker then proposed to dig large pits impact on the earth. In fact, over 650 Port- future,” Ralph recalls, “I was inspired.” generations for one-time profit. The farm- and mine gravel on the land. As part of land residents have taken their training We continue to be inspired by Dick and ers, of course, believe the answer is no. the operation, the company proposes to offered at no cost through the Center on Jeanne, and carry their philosophy with us pump large amounts of groundwater out We are working hard at the local and “How to Be an Agent of Change in Your in our daily work at Crag. • of the area in order to be able to mine state level to ensure that these sustainable “Crag has built a superior legal team ready to enforce laws and create new laws to protect the down 60 feet. The operation threatens operations and the people that depend earth. We are deeply grateful for the vision of Ralph and Chris in creating this unique resource, groundwater supplies and will require on them are protected and that the island and gain comfort knowing that Crag stands ready to confront those who exploit the natural world hundreds of trucks trips per week on the remands a grand place to live, work and for short-term financial gain. Our financial support of Crag is very simply an essential investment narrow island roads. raise a family. • to protect this remarkable bioregion that we call home.” — Jeanne and Dick Roy www.crag.org 4 a View of the Summit Spring 2011 5 www.crag.org upcoming events Reggae Superstar Pato Banton to play benefit show for Crag! Wednesday, May 4 at 9pm Mt. Tabor Theatre 4811 SE Hawthorne Blvd., Portland, OR What better way to kick start Crag’s 10th Anniversary celebra- tions than grooving to world class reggae? Pato Banton & The Now Generation Band and Portland’s own Nuborn Tribe will be per- forming a benefit show for Crag on Wednesday May 4th at the Mt. Tabor Theatre. Roots Garden Sup- ply is the presenting sponsor, and Aaron Matusick is a supporting sponsor. A native of Birmingham, England, Pato Banton first came to public attention in the early 1980s when he worked with The Beat. A grammy nominated reggae artist, Banton has recorded with the likes of Sting, UB40, English Beat, and General Public and performed at the Northwest World Reggae Festival. Crag is honored that he is playing a benefit to support our package includes dinner and a recep- work. Tickets are $12 in advance or $15 tion with Pato Banton and The Now at the door. We are offering a limited Generation before the show. Email number of VIP package tickets for $50. [email protected] or call 503-525-2724 In addition to concert admission, the VIP to reserve your advance tickets. •

Upcoming Center for Earth Leadership Programs (no cost): Saturday, May 7 Fall 2011 The Local Organizer’s Toolkit: How to Be an Agent of Change: A three-hour workshop by Jeanne Six session course providing a frame- and Dick Roy covering key elements work, tools, and hands on project of their popular Agent of Change guidance for effecting local change framework. from the ground up. Contact the Center for details: 503-227-2315, [email protected]. www.crag.org 6 a View of the Summit Spring 2011 7 www.crag.org health and to determine they would not air permit and local communities raise FEDERAL FOCUS suffer a disproportionate impact from concerns about environmental justice im- photo by Jessica K. Robertson, U.S. Geological Survey Shell’s air pollution. In the permits, EPA pacts in their communities from the air relied on standards for nitrogen oxides pollution, the agency must analyze those (NOx) that are linked to respiratory impacts before making its permitting de- problems, to protect the health of local cision. This ruling will have far-reaching communities who already suffer higher consequences beyond this case and will than average rates of lung and respira- benefit communities throughout the U.S. tory problems. At the same time, EPA whose homes and way of life are threat- was updating the very NOx standard ened by new sources of air pollution. upon which it relied in the permits, Since 2007, Crag has represented because the standard was inadequate to Native communities on Alaska’s North protect human health. In deciding that Slope, and this is the third major legal EPA could not proceed in this manner, victory during that time. Our track the Board made it clear that Clean Air record of success speaks both to the Act standards are just one component of commitment of the local community and an environmental justice analysis. to the deeply flawed processes used by The Board’s ruling also clarifies that federal agencies in attempting to regulate when an agency is considering issuing an offshore drilling. • Dance to Protect Arctic Sunset Your Pacific Northwest Paradise Air Victory for Inupiats and Beyond Featuring: by Tanya Sanerib, Staff Attorney Pato Banton & the Now Generation and The Nuborn Tribe There is nothing quite like starting off to re-define the source of air pollution the New Year with a bang – right? And under the permits. This led in part to an that is exactly what Crag accomplished announcement in early February that for its Inupiat Eskimo clients from the Shell was not going to try to drill in the North Slope of Alaska. My first day at Arctic this year. work in 2011, Chris Winter, co-executive In and of itself, this was a great out- director of Crag walked into my office come. Our clients have significant con- with a stack of over eighty sheets of pa- cerns about pollution in the Beaufort and per. He is my co-counsel in a challenge Chukchi Seas upon which they depend to air permits for offshore drilling in the for sustenance, and the ability of the Arctic issued to Shell Offshore Inc and government and oil and gas companies to Shell Gulf of Mexico Inc. by the Environ- handle (much less clean-up) an oil spill mental Protection Agency (EPA). The in the icy, dark, and remote waters of the stack of paper was a favorable decision Arctic. The on-going catastrophe in the that represents a huge victory for our cli- Gulf of Mexico has proven these concerns Wednesday, May 4 at 9pm, VIP Tickets: $50 – includes VIP concert ents and should lead to changes in how are very real, and we are hopeful that in Mt. Tabor Theatre seating and dinner with Pato Banton, the EPA addresses environmental justice light of these developments the govern- Tickets: $12 in Advance, starting at 6:45pm at Tarboush Lebanese issues under the Clean Air Act. ment will now look and listen before $15 at the Door Bistro and Bar, 3257 SE Hawthorne Blvd A three judge administrative panel leaping offshore in Alaska. called the Environmental Appeals Board But the Board’s decision also rejected *Advance tickets available at the Crag Law Center, Tickets West, or Mt. handed down the decision. The Board EPA’s attempts to rely on existing air Tabor Theatre. VIP tickets are only available from Crag. sent EPA back to the drawing board quality standards to protect Inupiats’ www.crag.org 8 a View of the Summit Spring 2011 9 www.crag.org Rogue Mining Threatens Fish photo courtesy of Bureau of Land Management and Local Communities by Courtney Johnson, Staff Attorney

Over the past several years, Crag has old plywood mill ponds had not been been working with local communities adequately addressed by the County’s and groups like Rogue Riverkeeper and permit. LUBA found that the County Oregon Shores Conservation Coalition could rely on the Department of Geolog- to protect Oregon’s rivers from harm- ic and Mineral Industries (DOGAMI) to ful gravel mining operations. River issue a permit for stormwater discharges gravel removal operations can destroy and deferred to the County’s findings spawning and rearing habitat for native that the method of mining, using a salmon and steelhead, increase sedi- side-cut scalp method, would not cause ment in river water, impact floodwater groundwater movement in the area. movement, or even cause a river chan- nel to change its course. In areas like Fast forward to October of 2010: lo- Rogue River Gold Beach, where the health of the cal residents notify DOGAMI that that Rogue River and its salmon populations Tidewater, the mining company, had use permit, and that Tidewater’s admit- finger at DOGAMI and argued that it now support a strong tourism excavated its entire annual allotment of ted modification of its mining method didn’t know it was violating the DOGAMI economy, in-stream gravel without obtaining required a modification of the permit. permit. Tidewater also argued that the required The Planning Commission agreed and the Board should not require strict denied the permit renewal request with a compliance with the conditions of the 7 to 1 vote. The Planning Commission’s permit. The Board of Commissioners decision is a breath of fresh air for local held a hearing on the appeal on March people seeking to protect the Rogue 29. Crag submitted comments on behalf River, its fish and wildlife, and the rev- of our clients again opposing the permit enue and jobs the river supports. renewal. The Board did not act on the stormwater Tidewater has appealed the decision appeal at the March 29th hearing and permit and had also to the Board of Commissioners. In its left the record open for further evidence gravel mining poses a significant threat mined to a depth exceeding the terms of appeal, Tidewater asked the Board for and testimony. Crag will continue to to not only the river and its natural habi- the DOGAMI mining permit. DOGAMI a three year extension of the permit, represent our clients to encourage the tat, but also the economic health of the issued two separate notices of violation instead of the one-year term authorized Board to uphold County law and deny local communities. and a suspension order, and required in the permit. Tidewater pointed the the renewal request. • Tidewater to re-grade the site. In com- Last year Crag represented Oregon munications with the agency, Tidewater’s Shores Conservation Coalition and Cur- representative admitted that it had Trout on the Wind tours national ry Sportfishing Association in challeng- altered its mining method from the film festivals and wins awards! ing approval of a gravel mine at the site proposed side-cut scalp to a series of pits of an old plywood mill adjacent to the and that it was stockpiling overburden at Trout on the Wind, Ralph Bloemers and Yosemite Film Festival and was awarded Rogue River. The site is a favorite spot the mine site. Sam Drevo’s documentary about the Honorable Mention at Western Water- for recreational fishermen and located Hemlock Dam removal on Trout Creek, sheds Resources Initiative Film Competi- only a short distance from the City of When Tidewater applied for a renewal recently won the Best Accomplished tion and the prestigious John Muir Award Gold Beach’s municipal drinking water of its permit last November, Crag again Documentary in the National Paddling at the Yosemite Film Festival. Trout on intake. I went before the Land Use represented Oregon Shores before Film Festival. Since its premiere last year, the Wind kicked off 2011 as an official Board of Appeals (LUBA) to argue that the Curry County Planning Commis- Trout on the Wind has continued to attract selection at the Wild & Scenic and Indie water quality impacts from stormwater sion. Crag argued that the violations accolades and awards. In 2010, the film Spirit film festivals. Congratulations to runoff to the Rogue, as well as potential of DOGAMI’s permit also constituted was an official selection at Columbia Ralph and Sam for putting together this groundwater contamination from the violations of the County’s conditional Gorge Film Festival, Salem Film Festival, wonderful film in their “spare” time! • www.crag.org 10 a View of the Summit Spring 2011 11 www.crag.org Measure 37 Update Outreach Update Corraling the Last Gunslingers - by Suzanne Savell, Development Coordinator A big part of Crag’s mission and work the documentary film, Deep Down. Crag Land Use in Oregon is community outreach and organizing. partnered with Columbia Riverkeeper This winter and spring, I was excited to to show the film in Portland this winter by Ralph Bloemers, Staff Attorney be able to connect many of our clients and then in Astoria and Kelso, WA this and supporters with In 2004, Oregon once again became to help affected landowners and local photo by Suzanne Savell Beverly May, a friend the Wild West but with gunslingers and citizen groups protect Middle Mountain of mine from Kentucky speculators of a different kind. This time near Hood River, the coastal lakes south who has become a it was housing developers of Newport, the headlands household name for looking to convert Oregon’s above Astoria, wine coun- photo courtresy of Kate McCarthy many people who are rural landscape to subur- try in Yamhill and Marion faced with battles to ban sprawl in the name of Counties, the waters of the save the places they love “property rights” under the Applegate River valley and from the exploits of ex- banner of fair compensa- the Ponderosa Pine coun- tractive industries. The tion touted by Measure 37. try in eastern Oregon. story of Beverly’s strug- Crag is still handling over a By 2007, we had over gle to save her home dozen cases from this wild 300 of the worst gunsling- from mountain-top Beverly May on KMUN Coast Radio with Anti-LNG organizers time in Oregon land history, ers in the brig and subject removal is portrayed in Carolyn Newman and Cheryl Johnson. and in September of 2010 once again to the rule of we won the lead case that is law. The Court of Appeals photo by Suzanne Savell March. Beverly May came out to finally restoring order to the was poised to rule on visit with Crag clients and attend territory. the lead case when the the March screenings of Deep Measure 37 was the initia- people of Oregon voted Down. She also joined with local tive that allowed property once again and passed musicians to host a square dance owners to force the govern- Hood River’s rich farmland Measure 49. The new law as part of the Astoria screen- ment to remove all of the produces millions of pears reined in the worst abuses ing, which drew an audience of community-supported land and supports hundreds of unleashed by Measure 37 150 people. Beverly visited with use regulations from their families and farmers. and offered a compromise Grand Island farmers and resi- land or pay out extravagant of up to 3 home sites or dents, coastal residents who have sums of money to property owners for up to 10 with proof of loss. Most of the been fighting LNG and citizens supposed losses in property value. The 7,500 claimants opted to go this route. Beverly May discusses strategies with Grand Island concerned about the coal export initiative sounded fair; “pay just compen- But a few dozen claimants opted to residents over breakfast at Kris Bledsoe’s farm. facility proposed in Longview. • sation for a loss of value,” but it proved fight it out to the end. Whether you see impossible to determine what value was them as scoundrels or misguided rogues continued from page 12 case so that life can return to normal in lost and didn’t account for how much – they have fought hard to continue what Judge Haselton referred to in oral Oregon’s bucolic landscape. Oregon’s land use system increases prop- with the developments they proposed argument as a “bait and switch” – a erty values for all of us. Many Oregonians realize that we do under Measure 37. Last fall we won the strategy in which developers claimed not live in the Wild West, rather we live in Soon after its passage, the gunsling- first Court of Appeals case overturn- they would build cheapo homes in order a complex modern society. Sure, prop- ers fired off claims, seeking millions of ing a Yamhill County decision that had to get a grandfathered right and then erty rights derive from the individual and dollars from the state, or alternatively found a claimant vested in the right build big expensive homes and make a what we do with the land may improve proposing developments of 10, 50, and to build over 10 houses on Bald Peak killing. its value, but our actions also affect our even 200-plus houses on prime farmland Mountain an area of high-value Yamhill The developer sought review by the neighbors and the larger community. and forestland. The schemes threatened County farmland. Oregon Supreme Court, and on May The Crag Law Center has and will con- water supplies, the value of homes, and In a unanimous opinion by a 3-judge 2, Ralph Bloemers will argue the case tinue to support communities that see the character of communities. panel, the Court of Appeals rejected before seven judges of Oregon’s highest themselves as stewards of the land for this The Crag Law Center stepped up first continued on next page court. The Court has expedited the and for future generations. • www.crag.org 12 a View of the Summit Spring 2011 13 www.crag.org Board Highlight Crag Credits

Crag is truly blessed with great volunteers and supporters. So many people have helped Emily Bartha keep us going! We would like to specifically thank: by Andrew Mulkey, Legal Assistant Artwork by Asante Riverwind Artists & Photographers Crag’s tenth anniversary is right Interning at Crag was a good fit. Emily Alberto Rey – Cover Design around the corner, and in prepara- grew up in the area around Sandy and Asante Riverwind – tion for the upcoming Boring, Oregon where Summit Artwork celebration, the staff are she spent time hiking, Paula Reynolds – taking a look back at camping, climbing, and Crag Law Center Logo rafting in the forests Crag’s beginnings and Capacity Builders all its accomplishments and waters of Mt. McKenzie Printers Guild since. This retrospective Hood. Drawn to Crag’s Newsletter Layout includes recognizing all work to protect public Gene Ehrbar – the hard work and long lands, Emily’s interests Web and IT Guru hours put in by interns expanded over the Karen Russell – over the years. course of the summer. Bookkeeping Emily Bartha was one Emily helped Crag stop Law Students of first. In 2003 Emily re- a number of post-fire Jordana Jusidman – ceived a grant from her salvage logging projects Vermont Law School Elizabeth Zultoski - university to spend the and worked with Chris and Ralph to expand Lewis & Clark summer of her Junior Tim Wiggington – year working with an en- Crag’s mission to Lewis & Clark vironmental non-profit include more environ- Mary Mulhearn – of her choice. She chose mental justice work. Lewis & Clark Joe Terrenzio – Crag. And the way Emily Now Emily works with Lewis & Clark tells it, Crag co-found- the architectural firm ers Chris Winter and ZGF in Portland and Film Night Sponsors Ralph Bloemers were recently joined Crag’s Next Adventure Mr. Sun Solar somewhat shocked to get Board of Directors. Patagonia Portland a call from a potential Emily Bartha was Crag’s first Looking back, “It’s im- Bridgeport Brewing pressive to see the shift,” intern. At the time of intern. She now serves as a board Redtail Hawk Emily’s inquiry, Chris member and volunteer. Emily says, referring to Volunteers and Ralph were running Crag’s expanding case- 10th Anniversary Planning Committee – Development Coordinator Crag from their homes in Portland. They load and recent work on climate change Kristin Winter, Tamara Brown Suzanne Savell Big Mountains, Big Energy Film Night – had recently found office space down- and environmental justice issues. Emily Bartha, Tara Gallagher, Brian Eustice, Legal Assiatant town but hadn’t yet moved in. Ready or As a board member, Emily, who is also Kennett Payne, Hilary Williams, Brian Bagdonas, not, Crag had a website and a cause that a member of the Portland-based dance Brett Ratliff, Rich Kirby Andrew Mulkey caught Emily’s eye. company Bouand, wants to reach out to Foundations her friends in the art world and spark Board of Directors their interest in Crag’s work. “It’s a dif- Aubrey Baldwin, Jennifer Baldwin, Bill Barnes, Astrov Fund, Brainerd Foundation, 917 SW Oak St, Ste 417 Emily Bartha, JD Brown, Lori Ann Burd, Gary Burning Foundation, Impact Fund, Mazamas ferent group of people than is typically Kish, Brian Litmans, Leo McCloskey, Charlie Conservation Committee, McIntosh Foundation, Portland, Oregon 97205 involved in conservation,” she says, but Ringo, and Sadhana Shenoy McKenzie River Gathering, Oak Foundation, 503-525-2724 (phone) Emily thinks their support and involve- Patagonia 503-296-5454 (fax) ment is needed. We agree, and thank Staff Attorneys www.crag.org Emily for her past and continued work Chris Winter, Ralph Bloemers, Thank you so much to everyone who has to support Crag. • Courtney Johnson, Tanya Sanerib kept Crag going strong! www.crag.org 14 a View of the Summit Spring 2011 15 www.crag.org Crag Law Center 917 SW Oak, Suite 417 Portland, Oregon 97205

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