Save Our Wild Salmon Heritage

Aug07

Deep Thoughts with Cascadia’s Summer Interns

Cascadia Raft Trip

Corinne Milinovich and Kristen Sabo, 2017 Summer Legal Interns

The 2017 Cascadia Wildlands summer was filled with countless Oregon adventures, great conversations, and monumental educational growth for us both. We had the privilege of drafting complaints and settlement memos, executing public information requests, drafting litigation memos, refining our legal research skills, drafting a northern spotted owl uplisting petition, and sitting in on settlement meetings and objection resolution meetings with government agencies. 

We were lucky enough to table for Cascadia Wildlands at multiple Oregon events, including the Northwest String Summit bluegrass festival outside of Portland and the Oregon Country Fair. We connected with new and old Cascadia Wildlands supporters, discussed the LNG pipeline, wolf populations in Oregon, and the Elliott State Forest victory.

Overall the summer was a huge success, and there were many highlights for both of us. In particular, the settlement meetings and legal drafting stood out. It was such a privilege to be at the table during the settlement meetings. Those experiences are truly invaluable and instrumental to our growth and understanding of the environmental legal world.

Throughout the summer, Nick gave us the opportunity to experience the Cascadia Wildlands litigation process on multiple levels and see full circle how an environmental lawsuit is successfully executed. As up-and-coming environmental lawyers, this summer internship has shaped our future, reinforcing our chosen career paths.
Our summer legal internship with Cascadia Wildlands allowed us to be present for tangible environmental victories, including but not limited to: saving the Elliott State Forest, preventing old-growth timber from being cut, preserving endangered species habitat and the passing of a suction dredge reform bill that prohibited suction dredging in essential salmonid habitat.

These victories, conversations with Cascadia supporters, and our expanded knowledge of the environmental legal world will guide us into our next year of law school. It was truly an honor to be a part of the Cascadia Wildlands family, this summer was an invaluable experience. A big thank you to Nick, Josh, Gabe, Kaley, Luke, and the Cascadia Wildlands community for an unforgettable summer!

May31

Press Release: Oregon House of Representatives Passes Suction-Dredge Mining Reform Bill

For immediate release
May 31, 2017
Contact: Nick Cady, Legal Director, Cascadia Wildlands, 314-482-3746
 
Salem, OR – The Oregon House passed legislation today in a show of bipartisan support to protect sensitive salmon and lamprey habitat from suction dredge mining. The Suction Dredge Reform bill (SB 3-A) takes a measured approach to protecting the most sensitive rivers and streams from the impacts of suction dredge mining, while still allowing suction dredges in areas where they do less harm.
 
Suction dredge mining is a form of recreational gold mining that uses a motorized, floating dredge to suck up the riverbed. Multiple scientific studies show that suction dredge mining can trap and kill young fish and fish eggs, release fine sediments that smother spawning gravel for salmon, and even stir up legacy mercury from historic mining operations.
 
The Suction Dredge Reform bill is the result of a long and collaborative process championed by the late Senator Alan Bates from southern Oregon. It represents a compromise, informed by input from anglers, conservation groups, local businesses, the mining industry, and others.
 
“The passage of Senate Bill 3 represents the triumph of local communities and the success of an incremental collaborative approach begun years ago with the passage of SB 838,” said Nick Cady, legal director of Cascadia Wildlands.  “Its passage proves that if the state takes initiative and leadership on conservation issues, Oregonians will arrive at bipartisan solutions that benefit our local businesses and environment.”
 
Clean rivers that support healthy fish and vibrant recreation are critical to state and local economies. In 2008, the Oregon Department of Fish and Wildlife found that people spent $2.5 billion on fish and wildlife recreation in the state. The commercial fishing industry also relies on healthy rivers and salmon.
 
Under the Suction Dredge Reform bill, suction dredge mining is prohibited in spawning and rearing habitat for sensitive, threatened, or endangered salmonids and lamprey, termed “essential salmonid habitat.” Outside of these areas, suction dredge mining would be allowed under a Department of Environmental Quality (DEQ) permit that places certain limits on where and how suction dredges can be operated in streams.
 
This bill establishes a permanent regulatory framework to manage suction dredge mining. In 2013, the Legislature first recognized the need to better protect sensitive species when it passed a bill to study the issue and implement a temporary moratorium in salmon and bull trout habitat.
 
“Right now, temporary protections for the most sensitive streams end in 2021,” said Stacey Detwiler of Rogue Riverkeeper, “Today’s vote is critical for the health of Oregon’s rivers and the communities that rely upon them.”
 
Today’s vote is an important step forward, building on bipartisan support demonstrated in the Senate.
 
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Apr11

Oregon Senate Passes Suction Dredge Reform Bill

For immediate release
April 10, 2017
 
Contact:
Nick Cady, Cascadia Wildlands, 541-434-1463
 
Salem, OR – The Oregon Senate passed legislation today to protect sensitive salmon and lamprey habitat from suction dredge mining. The Suction Dredge Reform bill (SB 3-A Engrossed) balances the cultural heritage of mining in Oregon with impacts to native fish and clean water. The bill stops mining in sensitive habitat, but allows it to continue elsewhere under a permit system.
 
“Clean water and healthy salmon define our state and the rivers we love,” said Charles Gehr of Fly Water Travel. “The recreation industry is a vibrant and sustainable economic model for Oregon and this bill helps protect the streams that are the most vulnerable to suction dredge mining impacts.”
 
Clean water, healthy fish, and recreation are enormously valuable to state and local economies. According to the Oregon Department of Fish and Wildlife, people spent $2.5 billion on fish and wildlife recreation in Oregon in 2008.
 
The Suction Dredge Reform bill is the result of a long and collaborative process championed by the late Senator Alan Bates. Building on input from anglers, landowners, the mining industry, the fishing industry, conservation organizations, and other stakeholders, the bill takes a measured approach to protecting the most sensitive rivers and streams from the impacts of suction dredge mining, while still allowing suction dredges in areas where they do less harm.
 
“We are incredibly encouraged by the passage of Senate Bill 3 and the success of an incremental collaborative approach begun years ago with the passage of SB 838,” said Nick Cady, legal director of Cascadia Wildlands.  “This bill’s passage proves that given time and hard work, Oregonians are able to come together to develop solutions to our complicated conservation issues.”
 
“For the last four years, local communities across Oregon have called for reform on harmful suction dredge mining practices,” said Jake Crawford of the Native Fish Society, “and this legislation represents a workable, long-term solution to protect the state’s sensitive fish populations.”
 
Suction dredge mining is a type of recreational gold mining that uses a motorized, floating dredge to suck up the riverbed. Numerous scientific studies show that this form of mining can trap and kill young fish and fish eggs, release fine sediments that smother spawning gravel for salmon, and can even stir up legacy mercury from historic mining operations.
 
“The scientific literature demonstrates a broad array of negative effects of suction dredge gold mining.  It clearly works against efforts to recover salmon runs,” said Matt Sloat, Director of Science for Wild Salmon Center.
 
The commercial fishing industry also relies on healthy salmon runs. “Suction dredging, in the wrong places, can have devastating impacts on Oregon’s valuable salmon runs and destroy commercial salmon fishing jobs,” said Glen Spain, NW Regional Director of the Pacific Coast Federation of Fishermen’s Associations (PCFFA), representing major fishing industry trade associations. “Many key Oregon salmon streams are slowly being restored, but hundreds of suction dredges descending on these streams every year could easily undo tens of millions of dollars worth of taxpayer-funded salmon restoration work. This bill achieves a better balance, simply by pulling suction dredges out of vulnerable salmon nurseries, and moving them to where they would do far less economic and biological harm.”
 
The Suction Dredge Reform bill prohibits mining in spawning and rearing habitat for sensitive, threatened, or endangered salmonids and lamprey, termed “essential salmonid habitat.” Outside of these areas, suction dredge mining would be allowed under a Department of Environmental Quality (DEQ) permit that places certain limits on where and how suction dredges can be operated in streams.
 
“This bill provides a sustainable approach that is grounded in science to limit negative impacts on wild fish populations in Oregon and their habitat,” said Tom Wolf of the Oregon Council of Trout Unlimited.
 
In 2013, the Legislature recognized the need for better protections for sensitive species when it passed a bill to study the issue and implement a temporary moratorium in salmon and bull trout habitat. “These temporary protections for the most sensitive streams end in 2021,” said Stacey Detwiler of Rogue Riverkeeper, “so this a critical vote for the health of Oregon’s rivers and the communities that rely upon them.”
 
The Senate vote today is the first step to a permanent regulatory framework to protect the most sensitive habitats from suction dredges. “We commend the Senate for working with all the stakeholders to craft such a reasonable approach to allowing mining while protecting our sensitive species,” said Paige Spence of the Oregon League of Conservation Voters. “I think Senator Bates would be pleased.”
 
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Feb01

Reflections on the Enormous Victory in Northern Cascadia and Coming Full Circle

by Gabe Scott, Cascadia Wildlands House Counsel

Ready for some good news? Last week our partners at Eyak Preservation Council announced that the major part of Alaska’s Bering River Coalfield, and the old-growth forest on top of it, has been permanently protected!
 
The Bering River coalfield sits in the rugged, remote mountains just back of Cascadia's northern extreme.

The Bering River coalfield sits in the rugged, remote mountains just back of Cascadia's northern extreme (photo by Brett Cole).

Several things about this historic victory make it especially sweet. Ecologically it protects one of the most magnificent places on earth, a vast wild wetland on Cascadia's northern edge. Better, it does it in a precedent-setting way that puts the region’s indigenous people in charge. Personally I am proud that we Cascadians played a big part creating the conditions where this victory could happen. And, most of all, let us be inspired by the example of our close partner and good friend Dune Lankard, the Eyak native whose visionary leadership and sheer determination has achieved what few believed was possible.
 
The Victory
 
The Bering River coalfield is located in one of the wildest and most productive on earth—the Copper/Bering River Delta wetland complex, along Alaska’s south-central Gulf coast. This is wild salmon, bear, wolf, eagle and raven country. Seals swim ice-berg choked rivers hunting King salmon. Ice-clad mountains rise almost straight out of the churning Gulf. 
 
The Bering River rages through the coast range, backed by glaciers, choked with salmon, and Wild as all-get-out.

The Bering River rages through the coast range, backed by glaciers, choked with salmon, and Wild as all-get-out (photo by Brett Cole).

To the north is the largest protected wilderness in the whole world: from here into the Yukon territory all the way down to Glacier Bay. To the east is the largest ice-field outside the poles. The ice is moving, glaciers sliding forward and melting back, uncovering infant land. To the west is the Copper River Delta, and beyond that Cordova and Prince William Sound. This is the largest contiguous wetland in Cascadia, home to the world-famous Copper River salmon fishing fleet, and incredible concentrations of swans, geese and shorebirds.
 
There are huge veins of coal, the largest tide-water coal deposit in the world, buried in the mountain ridges back of the wetlands. Coal mining there would have involved mountain-top removal in the headwaters of rich salmon rivers, extensive clearcutting of the old-growth forest, roads across the wild Copper River delta, and a deepwater port near Cordova.
 
The deal announced yesterday is that Chugach Alaska Corporation's coal and timber will be forever conserved, stewarded with a conservation easement enforced by The Native Conservancy. The owner, CAC, will generate revenue by selling carbon credits on California’s market.
 
Historic Victory for Conservation
 
This has been a long time coming. The Bering River coalfield is one of modern conservation’s seminal battles. In 1907 Teddy Roosevelt stuck his neck out to prevent J.P. Morgan from grabbing it in a monopoly. Gifford Pinchot was fired/ resigned in protest trying to protect it. Louis Brandeis, before being appointed to the supreme court, put his talents to work for the cause. Through the era of statehood, and Native land claims, and the park-creating frenzy of ANILCA, and the post-Exxon Valdez restoration deals, conservationists always tried but developers stubbornly insisted that the Bering River coalfield needed to be mined. 
 
The coal is owned by Chugach Alaska Corporation, one of the regional Alaska Native corporations. (Rather than treaties and reservations, in Alaska the U.S. congress formed corporations and made indigenous people into the shareholders. Long story. CAC is one of these.) CAC selected the coalfield and the trees atop it with an eye to developing them.
 
After going bankrupt in the late 1980s, CAC lost part of the coalfield to a Korean conglomerate. Notably, that portion of the coalfield isn't covered by the deal announced last week, so it will need to be protected too. 
 
The 700,000-acre Copper River Delta is the largest contiguous wetland on the Pacific Coast of North America.

The 700,000-acre Copper River Delta is the largest contiguous wetland on the Pacific Coast of North America.

The conservation deal announced yesterday is precent setting for it’s unique mix of conservation and indigenous control. The Native Conservancy is a new idea, the brainchild of Dune Lankard, that was critical to the deal working. Formulated as a sort of friendly amendment to the Nature Conservancy, the idea is to incorporate social justice for indigenous people into long-term land conservation.
 
In the announced deal the Native Conservancy will hold the conservation easement, making it the steward in charge of protecting the land. Enforcement of easements is one of the major hurdles to private equity models of conservation, and this offers an attractive new possibility.
 
This victory also points to the inevitable reality of climate change and the future of carbon. California’s carbon market  makes it possible economically for a company like CAC to realize a return on investment for conservation. Where there is money, deals will be made.
 
Lying politicians aside, global warming is real. The writing is on the wall for the carbon-heavy industries. When corporations look to the future, they see young people marching for climate justice, bringing their case to the courts and demanding sustainability. Especially for Alaska Native corporations like CAC, shareholders are keenly interested in avoiding climate catastrophe. The message is being heard!
 
A personal victory
 
This victory also marks a sweet sort of bookend to my own work running Cascadia’s Alaska field office, from 1998 until this past year. The first reason I went to Cordova, back in 1998, was to help Dune Lankard blockade the road that CAC was then actually building, across the Copper River Delta to access this coalfield and these trees. 
 
Dune Lankard at Shepard Point, back in the day.

Dune Lankard at Shepard Point, back in the day.

When I first arrived there was the coalfield, an oilfield, a deepwater port, a road across the Delta and another one up the river, cruise ships and a Princess lodge, all interlocking. None of these threats alone could gain traction, but any two or more of them would forever destroy the wilderness. Dune and I spent countless hours together on the basketball court scheming the demise of this web of threats. For the next nineteen years, Cascadia and Eyak worked together on the campaigns. Together we stopped the road across the Delta, the deepwater port at Shepard Point, and oil drilling at Katalla. 
 
Without the deepwater port, without the access road, and without any oil discovery to attract new investment, conservation of the coalfield became more appealing. 
 
While we are proud to have helped create the conditions for success, all credit for this victory goes to two heroes of the planet: Dune Lankard and Carol Hoover. Their dogged determination and visionary blend of indigenous and ecological justice has achieved what a century of environmentalists could not. 
 
So, I am inspired, and so should you be! 
 
The new president can take a long walk off a short pier. The train has left the station. The people are winning for climate justice, and we aren’t about to stop now.
 
After an incredible run in Cascadia's northern frontier based in Cordova, Gabe Scott recently moved back to Eugene with his family and is Cascadia Wildlands' House Counsel.
Jan10

Lawsuit Launched to Protect Washington Rivers, Salmon from Destructive Suction Dredge Mining

Harmful Gold-mining Method Already Restricted in California, Oregon

For Immediate Release, January 10, 2017
 
Contact:
Gabriel Scott, Cascadia Wildlands (541) 434-1463 gscott@cascwild.org 
Jonathan Evans, Center for Biological Diversity, (510) 844-7118, jevans@biologicaldiversity.org 
 
OLYMPIA, Wash.— Conservation groups filed a notice of intent today to sue the state of Washington for allowing highly destructive suction dredge mining in rivers and streams critical to endangered salmon and steelhead. The Washington Department of Wildlife approves the harmful recreational gold-mining technique in rivers throughout the state that are home to numerous imperiled fish species. Conservation and fisheries groups have also introduced bills in the state legislature to better monitor and regulate suction dredge mining.
 
“Suction dredge mining pollutes our waterways with toxic mercury, clouds streams with sediment, kills endangered fish and destroys irreplaceable cultural resources that are important to all Washingtonians,” said Jonathan Evans, environmental health legal director at the Center for Biological Diversity. “This is a dirty, outdated form of mining that our families, waterways and wildlife shouldn’t be subjected to.”
 
Suction dredge mining uses large, gas-powered vacuums to suck up gravel on the bottom of rivers and streams in search of gold flakes. Miners target gravel beds critical to salmon spawning and reproduction and pollute waterways with sediment and toxic mercury and heavy metals in their search for gold. Suction dredge mining also threatens important cultural resources important to American Indians. 
 
“Suction dredge miners are killing endangered salmon and polluting our waterways and it needs to stop,” said Gabriel Scott, in-house counsel for Cascadia Wildlands. “We intend to enforce the law ourselves if the state won’t.” 
 
The harm done by suction dredging is well documented by scientists and government agencies. In recent years Oregon and California have halted suction dredge mining for gold in areas that are important for rivers and fisheries because of its damage to water quality and wildlife. In Idaho the EPA has stepped in to regulate the practice. Today’s notice, filed by the Center and Cascadia Wildlands, notifies Washington’s Department of Fish and Wildlife and Department of Ecology of ongoing violations of the Endangered Species Act and Clean Water Act.
 
While the state doesn’t track individual mining locations, the majority of Washington’s rivers and streams are open to mining. Because the state of Washington has never squared state laws regulating suction dredge mining with the Endangered Species Act or Clean Water Act, two bills were introduced in the state legislature this week to better monitor and regulate the activity. House Bill 1077, introduced by Rep. Joe Fitzgibbon (D-Seattle), would create important safeguards in environmentally sensitive areas to protect salmon and water quality. House Bill 1106, introduced by Rep. Gael Tarleton (D-Seattle), would require miners to comply with the Clean Water Act to reduce pollution when mining.
 
Numerous other commercial and recreational organizations have raised concerns that suction dredge and other motorized mining practices are disruptive and harmful to fishing. Statewide, commercial fisheries generate more than $1.6 billion annually and sport fishing generates more than $1.1 billion annually. Suction dredge mining also undermines the tens of millions of dollars invested in salmon recovery efforts in Washington.
 
For detailed mapping of rivers and streams with suction dredge mining or endangered fish habitat click here.
Mar31

Lawsuit Challenges Frankenfish Approval

 
March 31, 2016
Media contacts:
Gabriel Scott, Alaska Legal Director, Cascadia Wildlands, 907-491-0856; gscott@cascwild.org
George Kimbrell, Senior Attorney, Center for Food Safety, 571-527-8618; gkimbrell@centerforfoodsafety.org
Brettny Hardy, Earthjustice, 415-217-2142; bhardy@earthjustice.org
Dune Lankard, Center for Biological Diversity, (907) 952-5265; dlankard@biologicaldiversity.org
 
Lawsuit Challenges FDA’s Approval of Genetically Engineered Salmon
Coalition of Fishing, Consumer, and Environmental Groups Say First-ever Approval of Laboratory-Created Food Animal Violated Laws and Ignored Risks to Wild Salmon and Fishing Communities 
 
SAN FRANCISCO, CA—A broad coalition of environmental, consumer, and commercial and recreational fishing organizations today sued the U.S. Food and Drug Administration (FDA) for approving the first-ever genetically engineered (GE) food animal, an Atlantic salmon engineered to grow quickly. The man-made salmon was created by AquaBounty Technologies, Inc. with DNA from three fish: Atlantic salmon, Pacific king salmon, and Arctic ocean eelpout. This marks the first time any government in the world has approved a GE animal for commercial sale and consumption.
 
The plaintiff coalition, jointly represented by legal counsel from Center for Food Safety and Earthjustice, includes Pacific Coast Federation of Fishermen’s Associations, Institute for Fisheries Resources, Golden Gate Salmon Association, Kennebec Reborn, Friends of Merrymeeting Bay, Ecology Action Centre, Food & Water Watch, Center for Biological Diversity, Friends of the Earth, Cascadia Wildlands, and Center for Food Safety.
 
In approving the GE salmon, FDA determined it would not require labeling of the GE fish to let consumers know what they are buying, which led Congress to call for labeling in the 2016 omnibus spending bill. FDA’s approval also ignored comments from nearly 2 million people opposed to the approval because the agency failed to analyze and prevent the risks to wild salmon and the environment, as well as fishing communities, including the risk that GE salmon could escape and threaten endangered wild salmon stocks.
 
AquaBounty’s GE salmon will undertake a 5,000-mile journey to reach U.S. supermarkets. The company plans to produce the GE salmon eggs on Prince Edward Island, Canada. The GE salmon will then be grown to market-size in a facility in Panama, processed into fillets, and shipped to the U.S. for sale. That complicated scheme is only for the initial approval, however. AquaBounty has publicly announced plans to ultimately grow its GE fish in the U.S. rather than Panama, and sell it around the world. Despite this, FDA’s approval only considered the current plans for the far-flung facilities in Canada and Panama, leaving the risk of escape and contamination of U.S. salmon runs unstudied.
 
The lawsuit challenges FDA’s claim that it has authority to approve and regulate GE animals as “animal drugs” under the 1938 Federal Food, Drug, and Cosmetic Act. Those provisions were meant to ensure the safety of veterinary drugs administered to treat disease in livestock and were not intended to address entirely new GE animals that can pass along their altered genes to the next generation. The approval of the GE salmon opens the door to other genetically engineered fish and shellfish, as well as chickens, cows, sheep, goats, rabbits and pigs that are reportedly in development.
 
The lawsuit also highlights FDA’s failure to protect the environment and consult wildlife agencies in its review process, as required by federal law. U.S. Atlantic salmon, and many populations of Pacific salmon, are protected by the Endangered Species Act and in danger of extinction. Salmon is a keystone species and unique runs have been treasured by residents for thousands of years. Diverse salmon runs today sustain thousands of American fishing families, and are highly valued in domestic markets as a healthy, domestic, “green” food.
 
When GE salmon escape or are accidentally released into the environment, the new species could threaten wild populations by mating with endangered salmon species, outcompeting them for scarce resources and habitat, and/or introducing new diseases. Studies have shown that there is a high risk for GE organisms to escape into the natural environment, and that GE salmon can crossbreed with native fish. Transgenic contamination has become common in the GE plant context, where contamination episodes have cost U.S. farmers billions of dollars over the past decade.  In wild organisms like fish, it could be even more damaging.
 
The world’s preeminent experts on GE fish and risk assessment, as well as biologists at U.S. wildlife agencies charged with protecting fish and wildlife heavily criticized the FDA decision for failing to evaluate these impacts. FDA ignored their concerns in the final approval. 
 
Statements from counsel and plaintiff coalition:
“FDA’s decision is as unlawful as it is irresponsible,” said George Kimbrell, senior attorney for Center for Food Safety and co-counsel for the plaintiffs. “This case is about protecting our fisheries and ocean ecosystems from the foreseeable harms of the first-ever GE fish, harms FDA refused to even consider, let alone prevent. But it’s also about the future of our food: FDA should not, and cannot, responsibly regulate this GE animal, nor any future GE animals, by treating them as drugs under a 1938 law.”
 
“FDA has not answered crucial questions about the environmental risks posed by these fish or what can happen when these fish escape,” said Earthjustice attorney Brettny Hardy and co-counsel for plaintiffs. “We need these answers now and the FDA must be held to a higher standard. We are talking about the mass production of a highly migratory GE fish that could threaten some of the last remaining wild salmon on the planet. This isn’t the time to skimp on analysis and simply hope for the best.”
 
“Atlantic salmon populations including our endangered Gulf of Maine fish are hanging on by a thread– they can’t afford additional threats posed by GE salmon,” said Ed Friedman from Friends of Merrymeeting Bay, one of the parties who successfully petitioned to classify most Maine Atlantic salmon as endangered. “The law requires agencies like FDA, who aren’t fisheries biologists, to get review and approval from scientists with that expertise. FDA’s refusal to do this before allowing commercialization of GE salmon is not only irresponsible, it violates the law.”
 
“On Prince Edward Island and across Atlantic Canada, indigenous peoples, anglers and community groups are working hard to protect and restore endangered salmon populations and rivers. Genetic contamination threatens all this work and in return there is little or no economic benefit to the region,” said Mark Butler, policy director at Ecology Action Centre in Nova Scotia.
 
There’s never been a farmed salmon that hasn’t eventually escaped into the natural environment. Why should we believe that long term, these frankenfish won’t be the same?” asked Golden Gate Salmon Association executive director John McManus.
 
“Once they escape, you can’t put these transgenic fish back in the bag. They’re manufactured to outgrow wild salmon, and if they cross-breed, it could have irreversible impacts on the natural world,” said Dune Lankard, a salmon fisherman and the Center for Biological Diversity’s Alaska representative. “This kind of dangerous tinkering could easily morph into a disaster for wild salmon that will be impossible to undo.”
 
“FDA’s action threatens and disrespects the wild salmon ecosystems, cultures and industries that are treasured here in the Pacific Northwest and Alaska,” said Gabriel Scott, Alaska legal director for Cascadia Wildlands. “These folks think a salmon is just a packet of protein, but we in Salmon Nation know better. From Alaska to California, Americans are intimately related with diverse runs of salmon and we’ve learned their unique attributes and incredible value. We’ve worked very hard to be good stewards of our natural heritage, and refuse to allow that to be undone by one company’s irresponsible experiment.”
 
“The FDA has failed to adequately examine the risks associated with transgenic salmon,” said Wenonah Hauter, executive director of Food & Water Watch. “The long term effects of people eating genetically modified foods have never been adequately addressed—and this GE salmon is no exception. This fish is unnecessary, so why take the risk?”
 
“It’s clear that the market has rejected GE salmon despite FDA’s reckless approval,” said Dana Perls, food and technology campaigner for Friends of the Earth. “Major retailers including Costco, Safeway and Kroger won’t sell it and polls show the vast majority of people don’t want to eat it. Yet under this approval it won’t be labeled, violating our fundamental right to know what we are feeding our families.”
 
 
 
Mar25

Federal Court in Oregon Rejects Miners’ Challenge to Suction-dredge Regulations

For Immediate Release
March 25, 2016
 
Contact
Nick Cady, Cascadia Wildlands (541) 434-1463
Forrest English, Rogue Riverkeeper 541-261-2030
Roger Flynn, Mining Action Project 303-823-5738
Lori Ann Burd, Center for Biological Diversity 971-717-6405
Jake Crawford, Native Fish Society (720) 253-8485
 
Federal Court Upholds Oregon’s Right to Protect Water Quality and Fish Habitat
Court Finds That Restrictions on Mining Methods Are Clearly Within the State’s Authority
 
Medford, OR — This morning a federal court upheld an Oregon law restricting motorized gold mining in and along sensitive salmon streams. The District of Oregon court held that the State of Oregon has the right to regulate both state and federal land to protect water quality and fish habitat, and it has done so in a manner that does not conflict with federal law.
 
“The court correctly found that mining operations on federal land must comply with state laws enacted to protect public health and the environment,” noted Roger Flynn, with the Western Mining Action Project and one of the attorneys representing conservation and fishing groups that joined the case to help defend the Oregon law.  “This decision supports a growing effort in Western states to protect clean water and fisheries from mining pollution and wildlife habitat damage,” said Flynn.
 
At issue in the case is Oregon’s Senate Bill 838, passed  in 2013 to implement temporary restrictions on equipment such as suction dredges and other motorized mining equipment in and nearby habitat essential for salmon, and to protect water quality. The law went into effect this January and remains in effect through 2021. The 2013 law came about due to increasing concern throughout the state about the cumulative effects of these gold mining techniques on streams and rivers.
 
“With these protections Oregon has taken the first step towards addressing threats to our salmon runs and water quality from mining,” said Forrest English of Rogue Riverkeeper. “We look forward to sensible regulation that extends beyond 2021 and that ensures these values are protected for all future Oregonians, the court has made it clear that we can do that.”
 
Peer reviewed science shows that suction dredging can mobilize toxic mercury into rivers and streams, as well as reduce salmon spawning success due to alterations in habitat. Additionally in hot spots, such as the Umpqua and Rogue Rivers, the number of dredges has created conflicts with anglers and other recreationists.
 
“Oregonians can breathe a sigh of relief that many of our rivers and most sensitive salmon fisheries will be protected this summer from the toxic plumes of mercury that suction dredge mining releases,” said Lori Ann Burd, environmental health director at the Center for Biological Diversity.
 
Gold miners brought a lawsuit against the State of Oregon last October alleging that federal laws denied Oregon the right to protect environmental resources within the state. Environmental groups and commercial fishing interests including Rogue Riverkeeper, the Pacific Coast Federation of Fishermen’s Associations, Oregon Coast Alliance, Cascadia Wildlands, Native Fish Society and the Center for Biological Diversity intervened on behalf of the state and are represented by the Western Environmental Law Center and Western Mining Action Project.
 
“We are very pleased the Court has clarified that the State of Oregon has the power to protect our cherished rivers from destructive suction-dredge mining, especially the famous Rogue River and its tributaries — one of the most important salmon rivers in Oregon,” said Cameron La Follette with Oregon Coast Alliance. “State environmental laws are a crucial means of protecting the public's investment in salmon habitat restoration in our public waterways.”
 
"We are incredibly encouraged that the Court made the common sense decision to permit Oregon to regulate harmful mining practices in some of Oregon's most cherished waterways," said Nick Cady with Cascadia Wildlands.  "Oregonians have a right to protect the things they value, including clean water and salmon."
 
“This decision will help keep Oregon’s iconic wild salmon healthy for future generations,” said Jake Crawford with Native Fish Society. “It bolsters similar protections in California and Idaho, while giving Washington a path forward for protecting wild salmon and water quality from suction dredge mining.”
 
A copy of the decision can be found here.
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Jan14

Stand Up for Public Lands!

In the midst of the ridiculous scene unfolding at the Malheur National Wildlife Refuge, bigger, darker, and more intelligent forces are working to give away our public lands. 

mt juneOur public lands, our National Forests, our Wildlife Refuges, our National Parks, our Wild and Scenic Rivers, these are cherished and revered places across the Northwest.  They provide so many different values for so many different people and communities. However, consistent efforts driven by the oil and gas industry to give away these lands are gaining traction and need to be met with staunch opposition from the communities that love and thrive off these public treasures.

The recent occupation of the Malheur National Wildlife Refuge by militant extremists is part of this movement to give away our public lands.  With these lands ceded to local control, all semblances of science-based management and conservation will be replaced with aggressive resource extraction at the cost of our local communities, our economies, clean water, and recreation.

The actions of these extremists is being capitalized upon by industry and their political puppets, and proposals continue to be rolled out to blatantly steal these lands from the American people.

Stand up for our Public Lands, and Loudly Voice your Support!

Contact your local representatives, your mayors, your city council members, tell them you support public lands and that your community should as well.  Public rallies are being planned across the Pacific Northwest in communities big and small across Oregon and Washington.  Make signs, break out the costumes, let us hear your high school marching band tuba!  It is time to show this nation how we feel about our public forests, mountains, and rivers.

Jan14

Public Lands Rallies Planned Across Oregon

#RefugeRally Announced for Tuesday, Jan 19th
Public will gather to support Malheur refuge, celebrate national public lands
 
3.10.10_D7C3745OREGON/WASHINGTON- Rallies supporting Malheur National Wildlife Refuge and public lands will be held across Oregon and Washington Tuesday, January 19th at noon.
 
The public is invited to join this statewide event expressing appreciation for national public lands, their public servant caretakers, and the positive collaborative efforts between refuge officials, ranchers, environmentalists, and Native Americans that have been underway on the Malheur National Wildlife Refuge for a decade. Speakers will highlight the importance of protecting special places like the Malheur NWR that provide integral wildlife habitat, clean water, climate change mitigation, and recreational opportunities available as a benefit to all Americans.
 
Events are listed below, with details and more events across the state currently being planned. Participants can contact Cascadia Wildlands to receive up-to-date event information, and follow the conversation using #RefugeRally.  This page will continue to be updated.
 
Because of the volatile situation at the Malheur National Wildlife Refuge, public lands supporters are strongly discouraged from visiting Harney County at this time.
 
Unless otherwise specified, all events will take place at noon:
 
Eugene
Old Federal Building
211 E. 7th Ave, Eugene
 
Press Contacts:
Oregon Wild – Doug Heiken (541-344-0675) dh@oregonwild.org
Cascadia Wildlands – Nick Cady (314) 482-3746 nick@cascwild.org
Center for Biological Diversity – Jared Margolis (802) 310-4054 jmargolis@biologicaldiversity.org
 
***Also in Eugene, Cascadia Wildlands will be hosting a sign-making party on Monday night prior to the rally.  The event will take place at Cascadia Wildlands office at 1247 Willamette Street in Eugene at 5:30pm.  Pizza and beverages will be provided, come help us think up some clever slogans!  More on that event here: https://www.facebook.com/events/446690202205647/
 
Portland
Holladay Park
NE 11th Ave, Portland
 
Press Contacts:
Oregon Wild – Arran Robertson (971) 241-0103 ar@oregonwild.org
Portland Audubon – Bob Sallinger 503 380 -9728 bsallinger@audubonportland.org
Center for Biological Diversity – Tierra Curry (928) 522-3681 tcurry@biologicaldiversity.org
 
Bend
Riverfront Plaza
Brooks St, Bend
 
Press Contact
Oregon Natural Desert Assoc – Dan Morse, (541) 330-2638 dmorse@onda.org
 
La Grande
Pro-Public Lands Potluck
105 Fir St Suite #327
 
Press Contact: Hells Canyon Preservation Council – Darilyn Parry Brown (541) 963-3950 darilyn@hellscanyon.org
 
Seattle:
Federal Building / GSA
Seattle’s Henry M. Jackson Federal Building, 915 2nd Ave, Seattle, WA 98104
             
           Press Contact: Conservation Northwest – Chase Gunnel (206) 675-9747
 
Corvallis:
TBD
Dec02

FDA Approves Frankenfish, Cascadians Resist

By Gabe Scott, Alaska Legal Director
 
CORDOVA, AK— Frankenfish may be coming to a store near you, but not if we can help it.   
 
Last week's decision by the Food & Drug Administration to approve Genetically Engineered Salmon for sale in the United States is hugely important. There are a lot of moving pieces and unknowns, so here’s the low-down.
 
What are Frankenfish? 
The fish is basically an Atlantic Salmon spliced with genes from Pacific King Salmon and a deep-sea fish to make it grow faster. A company called AquaBounty Technologies makes these fish at a facility on Prince Edward Island, just off the Fortune River in Canada. They are grown out in a land-based fish farm along a small  Pacific river in Bajo Mono, Panama. With FDA’s approval, they can now do this all commercially, and sell them as regular salmon to consumers in the United States. 
 
Copper river red salmon (Stillwater Science)What was Approved?
The AquaBounty operation is legally classified as a new “animal drug,” and was evaluated by the FDA Center for Veterinary Medicine. Wait, fish farming frankenfish is considered an animal drug? Yep. So there’s your first clue the government is behind the eight-ball when it comes to dealing with new biotechnologies. 
 
This specific approval for a few ponds in Panama is just the beginning. The decision is the first of its kind, the first time any GE animal has ever been approved for human consumption.
 
The “AquAdvantage” salmon line is owned by AquaBounty Technologies, which in turn is owned by the global biotech conglomerate Intrexon Corporation (“A better world through better DNA”).  Based on how the fish are designed and the company’s own statements, many observers fear that AquAdvantage salmon are destined to be raised in ocean net pens. 
 
In spite of pleas from consumers, FDA also determined that the fish do not need to be labeled. 
 
And, at the same time they approved AquAdvantage salmon, the FDA also rejected two legal petitions relating to the inadequate regulatory processes for protecting consumers and the environment. 
 
What is the problem with frankenfish? 
There are a myriad off issues with genetically modified food, but the core problem is that the government regulators are flying blind. Rather than squarely address risks of contamination of wild stocks, disruption of wild fish markets, or health issues for consumers, genetically engineered animals are being green-lighted under a tortured reading of obscure and out-dated regulations. 
 
For example, they have flatly refused to consider economic impacts of their decision. This in spite of overwhelming opposition from the salmon industry. Wild salmon economies work because the product is a green, high-value healthy food. What will happen to those markets when consumers have to worry whether the fish on their plate is a frankenfish?
 
The agency also refused to consider any long-term or cumulative impacts. That’s preposterous for AquAdvantage salmon. The obvious plan is for them to be raised in ocean net pens on a wide scale— the venture makes no commercial sense, otherwise. 
 
Because it’s a new technology, we don’t know much about how GE fish might impact the environment. But it does raise significant questions and justified fears. Among them:
  • Escaped fish interbreeding with wild salmon, trout or another species;
  • Health risks to humans;
  • Economic effects. Harming the domestic fishing industry;
  • Animal welfare.
What are we doing about it?
A lot!
 
Opposition to “frankenfish” has been strong, in fact almost universal, in salmon territory (largely synonymous with Cascadia). It is notable that some of the strongest opposition is coming from “Salmon Nation,” from those of us whose livelihoods and culture are intertwined with salmon. 
 
Cascadia is committed to using every legal tool available to stop this irresponsible decision. The bedrock environmental laws we regularly apply to timber sales, the “look before you leap” rules like the National Environmental Policy Act, are well-suited to reign in reckless projects such as this.
 
Other national and international organizations are actively engaged as well, notably the Center for Food Safety, Friends of the Earth, and EarthJustice. 
 
At the grassroots level, Cascadia and our partners Mountain Rose Herbs took a leading role in the campaign for GE-free seafood, signing up groceries to take the pledge not to sell frankenfish. You can see the list of fish suppliers who took the pledge at: http://www.foe.org/gefreeseafood 
 
Even our politicians have gone to bat, although so far they've failed to make any hits. The Alaska legislature passed legislation banning the fish from the Alaska, and passed a resolution specifically opposing AquAdvantage salmon. In Washington D.C. Alaska’s congressional delegation, notably Lisa Murkowski and Don Young, have been vocal and strident in opposition, introducing several pieces of legislation and conducting hearings. Senators and representatives elsewhere in the Pacific Northwest are also vocal opponents. 
 
Commercial fishermen have been active.  The lack of labeling especially raises fears that wild salmon markets will be affected.
Whatever the right decision about genetically modified salmon, it is an important decision. The consequences should have been thought through. That is why us Cascadians are sure to continue leading the fight to demand that our interests— that the salmon’s interests— are not ignored. 
 
To remain involved, here are three tips:
 
1. To avoid eating frankenfish, shop at suppliers who have committed not to sell them. Grocers can also take the pledge, and refuse to buy any salmon with a country of origin “Panama.” Visit http://www.foe.org/gefreeseafood to see who has taken the pledge.
2. For fishermen, processors, groceries and restaurants, knowing where your fish comes from will become more important. 
3. Help support litigation challenging frankenfish by donating to Cascadia Wildlands! Also, any Cascadia members who have spent time on Prince Edward Island, or western Panama, and are interested in helping with litigation, please be in touch with our legal director, Nick Cady, nick(at)cascwild(dot)org.
 
(Spawned out red salmon, Copper River. Photo origin unknown)
 
 
 
 
 
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