Oregon
Tough Oregon gun law faces legal challenge, could be delayed
PORTLAND, Ore. (AP) — Midterm voters in Oregon narrowly handed one of many hardest gun management legal guidelines within the nation, buoying the hopes of gun management supporters, however the brand new permit-to-purchase mandate and ban on high-capacity magazines now faces a lawsuit that would put it on ice simply days earlier than it’s set to take impact.
A federal decide in Portland will hear oral arguments Friday on whether or not Measure 114, which is scheduled to enter legislation Dec. 8, violates Individuals’ constitutionally protected proper to bear arms. Relying on the result, the groundbreaking legislation might be delayed for months or longer as it really works its manner by means of the courts, authorized specialists mentioned.
The Oregon poll measure is a part of a nationwide development of gun coverage being determined by voters as a result of “important reform is stalled and that has put all of the battles over gun management and gun security on the state stage,” mentioned Adam Winkler, a constitutional legislation professor and knowledgeable in gun coverage on the College of California, Los Angeles College of Legislation.
“Poll measures are a technique for folks to grab the reins of policy-making. Folks can act for themselves to alter the legislation and on a difficulty like gun security there’s a actually rising and energetic gun security motion in America,” he mentioned. “That’s not one thing we most likely would have mentioned 20 years in the past.”
Measure 114, which handed by a slim majority in November, was born out of concern in regards to the 2018 mass taking pictures in Parkland, Florida and gained public momentum final spring following massacres at a grocery retailer in Buffalo, N.Y. and at an elementary faculty in Uvalde, Texas, mentioned Mark Knutson, chairman of the interfaith Raise Each Voice Oregon marketing campaign and pastor at Portland’s Augustana Lutheran Church.
“The arc of the ethical universe is bending in the direction of justice, and justice in the present day goes to be ending gun violence on this nation,” he mentioned. “That’s why I belief this course of will work … and a 12 months and a half, two years from now, it’ll be 70% of the inhabitants saying this was the correct factor to do — not the 51% that handed it.”
The most important authorized flash level is a ban on magazines over 10 rounds until they’re owned by legislation enforcement or a navy member or have been owned earlier than the measure’s passage. Those that already personal high-capacity magazines can solely possess them of their houses or use them at a firing vary, in taking pictures competitions or for searching as allowed by state legislation after the measure takes impact.
The legislation additionally requires gun consumers to acquire a allow to buy a brand new gun. Allow candidates should take a state-approved, hands-on gun security coaching course with reside or dry rounds, submit a photograph ID and bear fingerprinting and a felony background test. The state will maintain a listing of permit-holders that’s exempt from public disclosure; the $65 permits can be good for 5 years and can be utilized to purchase a number of weapons in that five-year interval with a contemporary background test.
The lawsuit filed by the Oregon Firearms Federation, an area sheriff and a gun retailer proprietor asks the court docket to declare the legislation unconstitutional and subject an injunction to forestall it from going into impact subsequent week. Alternatively, the plaintiffs search a partial order on the high-capacity journal ban.
John Kaempf, lawyer for the plaintiffs, declined to remark earlier than Friday’s listening to.
His submitting cites a U.S. Supreme Courtroom ruling in June which struck down a New York legislation that positioned limits on carrying weapons outdoors the house. That 6-3 ruling indicated a shift in the best way the nation’s excessive court docket will consider Second Modification infringement claims and resulted within the court docket sending an analogous ban on high-capacity magazines in California again to a decrease court docket for overview.
Authorized specialists say Oregon’s ban on high-capacity magazines will face the identical scrutiny and the court docket may also take an in depth take a look at Oregon’s “allow to buy” mandate to find out if the extra steps now required to achieve entry to firearms are additionally a Second Modification violation, mentioned Norman Williams, a constitutional legislation professor at Willamette College School of Legislation in Salem, Oregon.
Whereas supporters of Measure 114 have cited the current mass shootings in Colorado and Virginia as additional proof the legislation is required and well timed, Williams says that probably gained’t have a lot bearing on the courts’ rulings on this case.
“It’s going to take the federal courts months, if not years, to type out what components of Measure 114 are constitutional and what components, if any, aren’t … and I believe that is the kind of measure that the U.S. Supreme Courtroom itself may need some curiosity in reviewing,” he mentioned.
“Proponents of gun security laws, in emphasizing the persevering with gun violence in our society, are in some sense making an argument that doesn’t resonate with the federal judges contemplating the constitutionality of those measures.”
Particulars in regards to the allow course of and hands-on coaching are nonetheless being labored out and a few native businesses have complained they don’t have the finances or workers essential to implement the legislation’s provisions. A number of native sheriffs have mentioned publicly they gained’t implement the legislation of their jurisdictions.
State lawmakers are prone to advance laws to help the legislation’s implementation and supply funding within the upcoming session, mentioned Elizabeth McKanna, chair of the Measure 114 legislative committee.
The uncertainty round Measure 114′s future has pushed a surge in firearms gross sales that started after it handed as gun homeowners fear they won’t be capable of get hold of a brand new allow for weeks or months if some or all of it goes into impact.
As of this week, Oregon State Police had greater than 35,000 pending background test transactions for gun purchases and was averaging 3,000 requests a day in comparison with lower than 900 a day the week earlier than Measure 114 handed, in line with company knowledge. On Black Friday, the company acquired 6,000 background test requests alone, OSP Capt. Kyle Kennedy mentioned in an electronic mail.
Shaun Lacasse, vice chairman of The Gun Room Inc., mentioned the rise in background checks displays the rise in gun gross sales he’s seen at his retailer in response to anxiousness in regards to the impacts of the brand new legislation.
“How lengthy is it going to take for all of that system to get began and be carried out? It’s going to be months — many many months — earlier than the primary permits are even going to have the ability to be issued,” mentioned Lacasse, who mentioned gross sales at his Portland enterprise have not less than quadrupled because the legislation handed.
“We don’t how lengthy we’re going to should be in purgatory till that is all sorted out.”
In the meantime, OSP is “working diligently” with native legislation enforcement businesses to implement the legislation subsequent week, Kennedy mentioned.
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Observe Gillian Flaccus on Twitter here.
Oregon
Oregon likely faces battle with next Trump administration • Oregon Capital Chronicle
During the just-concluded campaign for attorney general, Republican Will Lathrop dodged a question about whether he supported his party’s presidential candidate by saying he was “laser focused” on public safety issues in Oregon and not on national politics. National issues, he suggested, were not a major part of the job for an Oregon attorney general.
He was wrong.
What’s become obvious in the days since the election of Donald Trump as president is that the line between Oregon’s and national issues could be erased, and that courtrooms — and specifically those likely to be frequented by Oregon’s attorney general — will be a primary battleground over the broader subjects of safety and security.
Oregon’s next Democratic attorney general, Dan Rayfield, reflected as much immediately after his race was called. In some of his first remarks post-election, he said, “In light of this week’s election, our work to defend Oregon’s values and the rule of law against national attacks will be front and center like never before. As the last line of defense for the rights and freedoms of Oregonians, we will be prepared to stand firm against the unconstitutional and unlawful threats President-elect Trump promised on the campaign trail.”
Oregon statewide officials overall have been less strident than those in some other blue states with their responses to the incoming federal administration, but their comments have included warnings that offensive federal policies wouldn’t go unchallenged. Gov. Tina Kotek, for example, said, “While I seek to work with the incoming administration, I will not stand idly by as abortion access, environmental standards, civil liberties or other priorities come under attack from national partisan politics.”
Rayfield seems likely to ask the Oregon Legislature in coming weeks for more money to do battle with the Trump administration. And he’s likely to get it.
That would mirror most of the blue state attorneys general. Washington state, for example, situated much like Oregon, also has just elected a new AG with the incumbent, Bob Ferguson, a veteran of many battles with the prior Trump administration, moving up to governor.
A number of California-Oregon-Washington legal initiatives may be on the way.
Rob Bonta, California’s attorney general, said, “If Trump attacks your rights, I’ll be there.”
Washington’s incoming AG, Nick Brown, remarked that, “We will be prepared for whatever comes and do everything in our power to defend the rights of Washingtonians, the people of this great state, and to make sure that when there is an illegal action, that we look very closely to see if we can bring a case.”
Where might the battles be located?
You can start with some of the topics Trump emphasized in his campaign. Oregon’s protections for immigrants and transgender people are two likely targets. Education policy may shift dramatically, since there’s discussion of eliminating the U.S. Department of Education, though its reach is not as broad as some critics appear to think. The Affordable Care Act is again, as during the first Trump term, very much at risk.
Trump’s discussion of election fraud has faded since his win, but Oregon’s vote-by-mail process may become a target anyway.
But the meaningful list of battlefields is much longer.
In 2017 the Trump administration proposed to decrease the size of the Cascade-Siskiyou National Monument, which had been expanded by President Barack Obama. The effort failed. But the effort did not happen because Trump made a personal push for it; the proposal came from Interior Secretary Ryan Zinke. In all presidencies, many administration proposals come from officials other than the president, and the list of those initiatives could be extensive.
Taken together, many changes in environmental rules and management could happen.
On the campaign trail, Trump indicated that California’s water woes could be solved by draining water from the Columbia River: “So you have millions of gallons of water pouring down from the north with the snow caps in Canada and all pouring down. And they have essentially a very large faucet. And you turn the faucet and it takes one day to turn it. It’s massive.”
This may have been nonsensical, but if Trump did decide to follow up, the legal battles over water could be heated.
Different approaches to policy, even when not outright or obvious reversals, could matter. Native American tribes have expressed concern about this, noting unwelcome changes in policy during the first Trump administration.
Policy clashes are likely, too, in areas like housing, where the state has begun efforts to ease housing shortages and pricing — but the next Trump administration is likely to push very different approaches.
The battle begins on Jan. 20. It will not end quickly.
GET THE MORNING HEADLINES.
Oregon
Oregon to reinstate ambitious climate program amid divided reactions from industries, environmentalists
Oregon’s ambitious carbon emissions reduction program is restarting once again.
The program is set to start for a second time in January — after a court of appeals invalidated the state’s first attempt at the Climate Protection Program late last year.
Most industries the program regulates are not happy with the new rules, while environmental organizations celebrated the reinstatement of the program, saying Oregon is now back on track to reduce emissions from the state’s largest polluters.
On Thursday, the Oregon Department of Environmental Quality’s commission voted to unanimously adopt a revamped version of the Climate Protection Program. The program’s main goal is to reduce 90% of carbon emissions from diesel, gasoline and natural gas companies by 2050. The first benchmark regulated entities must comply with is a 50% carbon emission reduction by 2035.
“Oregon is committed to acting boldly and consistently to do our part to protect our climate,” Gov. Tina Kotek said in a press statement. “The Climate Protection Program will keep polluters accountable and fund community investments that will reduce greenhouse gas emissions in Oregon.”
DEQ’s Climate Protection Program is one of the strongest emission reduction programs in the nation. Agency staff have touted the program as “foundational” in helping other state mandates, like electric utilities having net-neutral carbon emissions by 2040, “pick up the slack” to help reduce the state’s overall greenhouse gas emissions.
But the idea of a cap-and-trade program, like the CPP introduces, has been a controversial issue in the state for many years. Republican lawmakers shut down the Oregon Legislature two years in a row to stop majority Democrats from passing a cap-and-trade bill.
An earlier version of the program was also criticized, as fossil fuel groups regulated under the program sued to block it entirely in early 2022. The Oregon Court of Appeals invalidated the program last December, citing procedural technicalities.
Now, the program, which was updated after undergoing a second rulemaking process, is set to start once again in January, with a few changes.
Those include regulating heavy carbon emitters and direct natural gas users, working with the Oregon Public Utility Commission to monitor natural gas rates and adjusting compliance periods to give companies more flexibility.
“This program maintains Oregon’s commitment to addressing climate change, transitioning our economy to remain globally competitive, and investing in our most impacted communities across the entire state,” DEQ’s Environmental Quality Commissioner Chair Matt Donegan said in a statement.
Regulated entities will have three years, starting in 2025, to make adjustments to be in compliance with the new rules. After that, the compliance periods will be two years.
Hitting restart
After DEQ decided not to appeal the court decision that invalidated the program, the agency began a second rulemaking process in March. DEQ fast-tracked the process using the same framework that led to its previous rules. It took more than 20 months to develop the first attempt at a Climate Protection Program, which gathered more than 7,000 public comments and was guided by an advisory committee.
This time around, the agency received more than 10,000 public comments, the most the agency has ever received during any public comment period. That input, and a 26-member advisory committee, helped shape the new rules.
Oregon drafts a reboot of the state’s flagship climate program
But not everyone is happy with the result.
Bill Gaines, executive director of the Alliance of Western Energy Consumers, said there were meaningful discussions about the proposed changes to the program, but there needs to be more protections for consumers as well as businesses that compete regionally and globally.
In comments submitted to the agency from the group in late September, the AWEC wrote, “maintaining a vibrant, growth-oriented economy is not mutually exclusive with the policy of reducing greenhouse gas emissions. The proposed CPP rules, however, will produce major, negative impacts on natural gas consumers, with the greatest impacts on the high-volume gas consumers that are the cornerstone of the State’s economic vitality.”
Gaines said although there was an improvement in the final draft rules for the recently added Energy Intensive Trade Exposed members, the new rules will be costly for Oregon’s natural gas customers. AWEC estimates companies that would be regulated under the new rules would have to pay millions of dollars to comply with the program to keep using natural gas at current rates. That could lead some businesses to leave Oregon, he said.
Gaines also said the group is still questioning whether DEQ has the authority to implement the program.
DEQ has said the agency has full authority to establish and enforce the program
Other regulated companies like NW Natural say it appreciates changes to delay program elements for a small percentage of their customers.
NW Natural was one of the fossil fuel companies that sued to halt the program in 2022.
But Spokesperson David Roy said “the overall negative cost impacts to Oregonians remain, as do our concerns about the accountability for this program to reduce greenhouse gas emissions.”
Roy was referring to the Community Climate Investment carbon credit program. If regulated entities choose to not lower their emissions, they can buy credits at the cost of $129 per ton of greenhouse gas pollution.
DEQ to start over with Climate Protection Program after Oregon Court of Appeals decision
Under the new rules, DEQ will work with the Oregon Public Utility Commission to evaluate and mitigate significant rate increases many natural gas customers may see due to compliance costs.
Roy said higher carbon credit costs could still impact their customers like hospitals and schools, because they “are still stuck with the most expensive cost of carbon of any program in North America.”
But not all regulated entities are unhappy with the second version of the rules.
Mike Freese with the Oregon Fuels Association said the adjustments made to the final rules governing the transportation industry are workable.
“Oregon’s local fuel sector was critical in lowering greenhouse gas emissions below the aggressive greenhouse gas reduction goals under the prior CPP program,” he said. “We appreciate DEQ recognizing these investments in the rule to help ease impacts on consumers. While the recently adopted CPP rule is an improvement, lawmakers need to carefully monitor this program to ensure Oregonians have access to affordable fuel in all parts of the state.”
During the first two years of compliance under the first version of the Climate Protection Program, the regulated industries reported a reduction in their emissions beyond what was required under the program.
As DEQ underwent the second rulemaking process, the agency said that some industries, like fuels suppliers, were reducing their emissions to beyond what was required to meet the cap with the previous rule. So DEQ is granting those companies additional carbon credits that represent what they would have banked under the first version of the program.
‘Beacon of hope’
The reinstatement of the program puts Oregon back on track to reduce greenhouse gas emissions and invest in communities hit the hardest by climate change, a coalition of environmental groups said.
“Oregon’s actions today are a beacon of hope,” Oregon Environmental Council executive director Jana Gastellum said in a statement. “Every state deserves a program like the Climate Protection Program to not only cut pollution but also generate funds for community projects and business innovation. It’s a win for the people, especially those in frontline communities who’ve long been impacted by climate change.”
Oregon Court of Appeals finds state carbon reduction rules invalid
The Community Climate Investment credits would go toward projects like creating more renewable energy and retrofitting and weatherizing buildings, which would reduce carbon emission within the state’s most vulnerable communities. The program’s aim is to reduce air pollution and improve public health and help communities transition from fossil fuels to cleaner energy.
DEQ has refined what type of projects will be eligible, and the new rules ensure 15% of the funds received will benefit tribal communities in Oregon.
“This holds polluters accountable while uplifting community-led solutions,” Xitlali Torres, air quality and climate program coordinator at nonprofit environmental group Verde, said in a statement. “It directly addresses the harmful pollution that burdens low-income communities of color while building cleaner air, safer homes, and a livable future for all.”
But the implementation of the Community Climate Investment program, which was almost ready to launch when the first version of the Climate Protection Program was ruled invalid, will be delayed under the plan approved Thursday.
DEQ will restart the process of selecting an entity to implement the program and expects the program to be in place by the end of 2026.
Oregon
Who was the 2024 Transfer of the Year in Oregon high school football?
Dozens of Oregon high school football players transferred from one school to another during the 2023-24 offseason. SBLive Oregon combed through those transfers and selected 16 of the best to highlight. Vote for your top choice in the poll at the bottom of the page.
Earlier: Is transfer culture ruining high school football? Oregon coaches weigh in
Aguilar dominated at the 4A level for Milwaukie last season, and that performance translated to the 6A Mt. Hood Conference, where Aguilar was voted to the all-conference second team.
Ayers moved north from Roseburg and led the resurgent Wolverines with 1,074 rushing yards and 13 touchdowns on 173 carries.
The transfer from Springfield had a major impact on the Lancers’ Midwestern League title march, winning league defensive player of the year honors and earning second-team all-league honors as a backup tailback.
Buzzard was a two-time wrestling state champion and top linebacker for Harrisburg. He made an instant impact with the Spartans, leading them with 85 tackles and making the all-Oregon West Conference first team.
Brasfield moved across town from Corvallis and teamed with freshman quarterback Zeke Thomas as one of the most potent passing combos in the state, catching 90 passes for 1,335 yards and 19 touchdowns.
The ex-Crescent Valley standout helped lead the Titans to the 6A playoffs, earning first-team all-South Central Football Conference honors.
Craigwell came from Sunset and was a first-team all-Three Rivers League inside linebacker (34 tackles, three for loss) for the league champions.
The University of Oregon commit was as good as advertised coming to the Willamette Valley from the Arizona desert, leading the team in tackles for loss.
Eddleman joined older brother Treyson in coming from Sherwood and shined during his first season with the Pacers, recording a team-best 62 tackles and two sacks and making the all-Three Rivers League first team.
Hoffert arrived from Central Catholic and was one of the top players on the Generals defense, making the all-PIL first team.
Ingle returned to the Lions after spending his junior season at Wilsonville and fit right back in on defense, making the all-Three Rivers League first team with 40 tackles (five for loss) and a team-high three sacks. He rushed for six touchdowns.
Kurland arrived from Sunset and quickly took over the starting job, throwing for 1,143 yards and 11 touchdowns with one interception and completing 67.6% of his passes (71 of 105). He led the Lakers to the No. 1 seed in the 6A Open playoffs and was voted to the all-Three Rivers League second team.
Martin joined the program after starring at Gaston last year and has shined in all three phases (1,417 all-purpose yards, 17 touchdowns, 24 tackles, four interceptions).
Martirano was a 6A all-state selection at West Salem, and after winning Mid-Willamette Conference offensive player of the year honors (2,150 passing yards, 18 touchdowns; 417 rushing yards, 14 touchdowns), he’ll likely make the 5A all-state team this fall.
The late arrival from Riverside County in California quickly melded with his teammates, showing why he’s a rising prospect and finishing with 1,503 passing yards and 15 touchdowns.
Smith was already well-known as a standout receiver at Central Catholic, but with the Timberwolves, he became a two-way all-Three Rivers League first-team selection, catching 33 passes for 609 yards and seven touchdowns and making 22 tackles at safety.
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