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ASLC UPDATE
BY DARYA WATNICK
Editor-in-Chief
The Pioneer Log 0615 SW Palatine Hill Rd. MSC 121 Portland, OR 97219 piolog@gmail.com www.piolog.com
The Pacific Environmental Advocacy Center (PEAC) at Lewis & Clark Law School scored a huge victory in the courtroom on Feb. 28. Judge John Acosta of the US District Court ruled that the Environmental Protection Agency (EPA), the National Marine Fisheries Service (NMFS) and the Fish and Wildlife Service (FWS) were all violating the Clean Water Act of 1972 and Endangered Species Act of 1973 in Oregon. These agencies were approving harmful temperatures for Oregon water and the court ruled for them to re-examine how they regulate Oregon water temperature. The State of Oregon had been sending water quality standard documents to the EPA, determined by the Clean Water Act. The EPA had been approving them regardless of actual temperature, which was near lethal for certain cold water fish. According to PEAC lawyers, over 12,000 miles of rivers and streams have had a recorded temperature that is too high for many cold water fish to survive. States have been saying that they cant make the waters any better because theyre naturally like this, and the EPA supported them. Oregon used a fundamentally flawed approach that wasnt based on any valid science, said attorney and Associate Clinical Professor Allison LaPlante, a main attorney involved in the case. Logging, grazing and agriculture, what the court has called
nonpoint sources, have played a serious role in the demise of water quality in Oregon. However the State of Oregon and the EPA supported the notion that the water was warming up naturally. Not only was the ruling a win for the PEAC team, but it was a significant win for salmon. There are 14 endangered salmon species and 2 different endangered bulltrout species in Oregon. Salmon and trout are extremely sensitive to the temperature. Cold trout dont even spawn if they dont spend most of their time in cold water, said PEAC attorney Dan Mensher, who was also a main attorney in the trial. The recent court ruling will help protect these fish. Salmon are a huge part of the Northwest community, whether or not you fish or eat fish. This case is particularly exciting for the PEAC team because of the national precedent it could set. Logging, farming and ranching and those kinds of sources of pollution have been poorly regulated.
The court wants to make sure the EPA isnt ignoring water quality issues, which is an issue well beyond the borders of Oregon, LaPlante said. Other states are using similar provisions, and few other courts have ruled on one until now. The first case challenging the EPA in their oversight of water quality in Oregon was filed in 2005. The attorneys said that the case couldnt have been done without the help of the law students. Around twenty students have helped with research. PEAC students have been a tremendous help to this case, and this case is an awesome reflection of the LC law program, Mensher said. Mensher believes that this reflects not only on the law school, but the entire campus. LC prides itself on empowering students to recognize when something is wrong and trying to make it right. This is a great example of that, and shows the benefits of student and citizen involvement.
The constituency reports given by the class senators from last Thursdays ASLC meeting were focused on reactions to Sunburn. Many students loved Sunburn, but there were complaints about behavior at the festival. Catlin McCartney (13) reported for the Campus Living Advisory Board that the hard hat tours of Holmes Hall attracted lots of student interest and altogether went well. Also, the Campus Living staff has some promising candidates to replace the outgoing Area Directors. Sustainability Council liaison Micah Leinbach (14) reported that the council is looking into coordinating to make Spring into Action a plastic water bottle-free event. There is also discussion about designating certain areas of campus into pesticide free zones as trials for a possible transition to a campus-wide ban on pesticides. Regarding the long-term issue of sustainability on campus, the council is working with Dean of the College Tuajuanda Jordan on retention rates. Researchers visited the college and will be reporting their findings to the Dean. Its a discussion that will also address alumni participation and giving. The senate voted unanimously on a resolution to regard the DSAs as mural spaces that would allow students to paint the tables and benches of the DSAs after approval by the DSA Mural Committee. Another resolution, drafted by Senator Robin Aubry (12), was written to show that the ASLC does not support the decision to deny Professor Reiko Hillyer a tenure-track position. The discussion surrounding the resolution spoke to the immense support of Professor Hillyer from the student body. There were worries that the current information about the situation is not sufficient for this type of vote, but ultimately the senate voted 16 yes, 2 no and 2 abstaining. The next two senate bills were looking to amend the ASLC Constitution and change or eliminate requirements for ASLC President. Senator Aubrys bill would change the requirements so that experience needed to run would not be limited to the Senate, a committee or the Peer Review Authority. The experience considered necessary could be an ASLC standing committee or organization. Senator Xander Blairs (12) bill would allow any student, if an exceptional case, to run for ASLC President. Neither bill passed. Lastly, there was a discussion to propose an amendment to the rules of the senate to address behavior that is unbecoming of a senator. Senator Lincoln Boyd (15) discussed proposing protocol for how to proceed in cases where a senator fails to abide by school policy.