WASHINGTON, D.C. – U.S. Senator Patty Murray (D-WA), top Democrat on the Senate health committee, issued the following statement on Republican plans to postpone action on the bipartisan Alexander-Murray bill through the end of the year.
“Republicans have just severely sabotaged families’ health care to give tax cuts to massive corporations and the wealthiest, and they are fully responsible for the premium increases and coverage loss that will come as a result.
“As I have made clear, the bipartisan bill I originally agreed on with Chairman Alexander will not make up for this latest round of Republican health care sabotage. In fact, there are changes that now need to be made to ensure it meets its intended goals of keeping premiums down and stabilizing markets.
“Republicans cannot undo the damage they’ve caused to the health care system or to patients and families who will be paying more or losing coverage, but they can avoid doing further harm—and I am hoping they are truly serious about working with us to get this done.”
Senators Cantwell, Murray and Representatives Kilmer, Heck Announce Critical Investments in Puget Sound Recovery
Press release issued 12/ 20/ 17 (link source)(Washington, D.C.) – Today, Senators Patty Murray (D-WA), a senior member of the Senate Appropriations Committee, Maria Cantwell (D-WA), top Democrat on the Senate Energy and Natural Resources Committee, and Representatives Derek Kilmer (D-WA) and Denny Heck (D-WA) announced new federal investments totaling $25.2 million to support the continued cleanup and restoration of the Puget Sound. Originally appropriated by Congress in last year’s budget, the grants were awarded through the Environmental Protection Agency’s National Estuary Program and will fund state, local and tribal Puget Sound recovery and conservation efforts.
“Puget Sound is one of the Pacific Northwest’s most cherished cultural and environmental treasures, and this announcement is great news for Washington state families who benefit from the important role it plays in our state’s economy and ecology,” said Senator Murray. “Strong federal investments in the Sound’s recovery and cleanup will help ensure that our local communities continue to reap Puget Sound’s rich benefits for generations to come, and as a voice for Washington state I will continue fighting back against the Trump Administration’s attempts to eliminate funding for this and other critical Puget Sound efforts.”
“Investments like these lead to a cleaner Puget Sound and healthy fisheries that sustain jobs in our tourism and fishing sectors,” said Representative Kilmer. “As co-chairman of the Puget Sound Recovery Caucus, I’m working to protect Puget Sound and enhance the vital role it plays in our region’s culture and economy.”
“All of us who are privileged to live in Washington state understand the fundamental importance of a healthy Puget Sound to our way of life. Orca and salmon call Puget Sound home, and are iconic figures of the Pacific Northwest,” said Representative Heck. “Federal investments like EPA’s National Estuary Program, in partnership with our state, local, and tribal efforts, are vital to Puget Sound recovery and help us honor our treaty obligations. As co-chair of the Puget Sound Recovery Caucus, I will continue to fight for a greater federal role for our nation’s largest estuary.”
One of the region’s most vital natural resources, cleanup of Puget Sound is critical to the recovery of several Endangered Species Act-listed salmon species, the protection of tribal treaty rights, and to the environmental and economic future of Washington state. Among the efforts funded in whole or in part by the grant awards include:
The restoration of an additional 5,000 acres of key Orca and salmon habitat;
The re-opening of about 4,000 acres of shellfish beds in Puget Sound; and
Improvement of biological condition from fair to good for at least 30 streams.
According to the Environmental Protection Agency, the grants will fund projects that meet the goals of both the National Estuary Program and the Puget Sound Action Agenda which is developed by the Puget Sound Partnership, the Washington state agency charged with leading the state’s collective efforts to restore and protect Puget Sound. The grants were awarded to Washington’s Department of Ecology, Department of Health, Department of Fish and Wildlife, Department of Natural Resources, and Department of Commerce, the Northwest Indian Fisheries Commission, Washington State University’s Stormwater Center, the Puget Sound Partnership, and the University of Washington’s Puget Sound Institute. Senators Murray, Cantwell, and Representative Kilmer joined lawmakers earlier this year to restore funding for Puget Sound recovery and conservation after it was eliminated in President Trump’s proposed budget.
Inslee, industry, labor, and local leaders launch statewide Choose Washington Council for the New Market Airplane
Press release issued 12/ 20/ 17 (link source)Gov. Jay Inslee today launched a statewide council to grow and preserve aerospace jobs and strengthen the aerospace supply chain by securing the design, production, and final assembly of Boeing’s middle-of-the-market New Market Airplane in Washington state. The announcement follows a meeting today with stakeholders representing labor, industry, counties, and state agencies.
The Choose Washington NMA Council will help make the case that Washington state’s aerospace workforce offers the quickest to profitability and lowest risk location risk for Boeing to successfully design and build the NMA. The council is also tasked with a consensus approach to identify programs, policies, and initiatives to help secure the NMA and also serve the needs of Washington workers and communities.
Echoing his previous public statement on the NMA dating back to the Governor’s Aerospace Summit in September, Inslee reached out to stakeholders with aligned interests in preserving and growing aerospace jobs in Washington State.
“Washington state is the best place for Boeing to build the NMA, bar none, and I’m looking forward to making that case directly” Inslee said. “I also look forward to this council helping to enhance our workforce systems to create more opportunities for workers across industries and a more flexible and cross-trained workforce for industry.”
“The machinists union members at Boeing work hard every day producing airplanes and profits for the company. We know siting the NMA here in Washington state gives Boeing the greatest opportunity for a successful launch of the new airplane program,” said Machinists 751 President Jon Holden. “We look forward to working with others who share our goals on the Choose Washington NMA Council to make that happen.”
"We are excited about the possibilities that lie ahead with the governor's council, and see a bright future for the aerospace industry, the state's economy, workers, and Boeing as we work toward a positive outcome for Washington state,” said Kelly Maloney, president and CEO of the Aerospace Futures Alliance. “AFA has also developed a stand-alone NMA task force comprised of board members representing industry and economic development entities."
The NMA represents an opportunity to further Washington’s leadership in the aerospace sector while also improving our workforce and education systems to give workers mobility across industries and the skills to keep up with technological changes.
“King County has been a global leader in aerospace since the earliest days of flight. Employers, educators, labor, and regional government have all come together to support the aircraft manufacturing industry and help job seekers navigate career paths,” King County Executive Dow Constantine said. “I appreciate Gov. Inslee convening the Choose Washington NMA Council to secure the next generation of Boeing planes. Washington is clearly the best place in the nation to build airplanes, and I look forward to working with regional partners to tell our story.”
“Working with the governor and leaders across the state to ensure Boeing’s New Market Airplane lands here is one of my top priorities. It’s of vital importance to the economic success of Snohomish County, our region and Washington state,” Snohomish County Executive Dave Somers said.
“Securing the NMA for Washington State is important for the future growth of aerospace in Pierce County and throughout the state,” said Pierce County Executive Bruce Dammeier. “I look forward to working together to make our case that Washington is the best possible location for this new aircraft.”
“The Spokane Region’s manufacturing base has a proud history of providing components and services to the aerospace industry, including directly to Boeing Commercial Airplanes. We are committed to working with our partners across the state, including educators, legislators, aerospace workers and municipal partners, to ensure that Washington remains the preeminent location for this exciting new Boeing program,” said Robin Toth of Greater Spokane Incorporated.
“The engineers, technical workers and pilots of SPEEA have the proven experience the NMA needs,” said Ryan Rule, president of the Society of Professional Engineering Employees in Aerospace. “We stand ready to support efforts to keep this work in Washington and grow our state’s aerospace industry.”
PAGE 2: OUR PARKS & FOREST
Virgin Islands National Park is All Open
From the US DEPT. of Interior press release issued 12/ 20/ 17St. John, Virgin Islands – Virgin Islands National Park today declared all roads, trails and beaches open at the park, 105 days after Hurricane Irma ravaged the island of St. John.
"Virgin Islands National Park is home to some of the most beautiful beaches in America and is a major economic contributor to the Island’s economy, which is why it will be an important part of rebuilding after this devastating hurricane season," said U.S. Secretary of the Interior Ryan Zinke. "We are very excited to declare the park open for business, just in time for the holidays when many tourists visit the Islands."
“We've reached a major milestone at Virgin Islands National Park,” said Virgin Islands National Park Acting Superintendent Darrell Echols. “Maho Bay Beach reopened last Wednesday, we finished the rest of the beaches Thursday and Friday, and the remaining work at Annaberg Sugar Mill was completed Friday afternoon. We are excited to welcome visitors back to their park.”
All of the park’s beaches have been checked for underwater debris, but visitors should still exercise caution. Mooring buoys have been assessed and either cleared for use or had a red tag attached indicating it needs additional work. There are either working vault toilets or portable toilets available at the major beaches. Beach gear rentals are available at Honeymoon Beach and Trunk Bay Beach, but visitors will need to provide their own food and water at this time. Glass bottles are not allowed on park beaches.
“This was a huge undertaking,” Echols reflected. “Over the last three months, a host of federal employees from the National Park Service, U.S. Fish and Wildlife Service, and U.S. Forest Service have spent countless hours working with the park’s permanent staff to get us to where we are today. The Friends of Virgin Islands National Park contributed a crew of sawyers to help with the trails, and carpenters, electricians, and a host of other skilled responders repaired employee housing and other facilities. The park still has a large number of challenges ahead, such as removing 64 displaced vessels sunk within the park or washed upon the shore, and completing major repairs on utility systems, roads, and several park houses. This has been a job well done!”
"Virgin Islands National Park is an important part of the community. It helps preserve the natural beauty of the Islands, generates millions of dollars in tourism, and ensures tourists and locals have recreational opportunities that the Virgin Islands are known for around the world," said Assistant Secretary of Insular Areas Doug Domenech. "I'm incredibly proud of the team at the National Park Service for their tireless work getting the beaches, trails, and visitors facilities up and running after the hurricanes."
The National Park Service is an important economic engine in the USVI, attracting more than a half a million visitors in 2016 and supporting 900 jobs in the community. Visitors spent $70 million and helped support $34 million in labor and more than $90 million in economic output.
President Donald J. Trump Signs Executive Order To Break Nation's Dependence On Foreign Minerals and Strengthen Our National Security
Press release from the Dept. of Interior 12/ 20/ 17WASHINGTON – Today, President Donald J. Trump signed an Executive Order to reverse the decades-long trend of increasing dependence on foreign imports of critical minerals that are essential to American prosperity and national security. Earlier this week, the Department of the Interior, led by the U.S. Geological Survey (USGS), released a report that examined 23 minerals that are needed for manufacturing everything from batteries and computer chips to equipment used by our military.
“This executive order will prioritize reducing the Nation’s vulnerability to disruptions in our supply of critical minerals safely and responsibility for the benefit of the American people,” said President Trump. “The United States must not remain reliant on foreign competitors like Russia and China for the critical minerals needed to keep our economy strong and our country safe.”
“As both a former military commander and geologist, I know the very real national security risk of relying on foreign nations for the military’s needs to keep our soldiers and our homeland safe,” said U.S. Secretary of the Interior Ryan Zinke. “I applaud President Trump's action to fix this problem at all points in the supply chain.”
The comprehensive order aims to identify new sources of critical minerals, ensure miners and producers have access to the best data, and streamline the leasing and permitting process to expedite production, reprocessing and recycling of minerals at all levels of the supply chain.
Related: Groundbreaking Report: U.S. Reliant on China, Russia, Other Foreign Nations for Many Critical Minerals
From the US Dept. of Interior 12/ 19/ 17WASHINGTON – Today, the U.S. Department of the Interior and the U.S. Geological Survey released a report that detailed the extent to which the United States is fully, majorly, or partially dependent upon foreign competitors and even adversaries for our supply of "critical minerals." The report identified 23 of the minerals that are most-needed to sustain our national defense and economy and are used in manufacturing everything from batteries and computer chips to equipment used by our military. The report shows a troubling trend of foreign dependency.
"I commend the team of scientists at USGS for the extensive work put into the report, but the findings are shocking," said U.S. Secretary of the Interior Ryan Zinke. "The fact that previous administrations allowed the United States to become reliant on foreign nations, including our competitors and adversaries, for minerals that are so strategically important to our security and economy is deeply troubling. As both a former military commander and geologist, I know the very real national security risk of relying on foreign nations for what the military needs to keep our soldiers and our homeland safe."
The report found the United States is most reliant on China for critical minerals with at least 20 critical minerals being sourced exclusively in China. Russia, South Africa, Brazil and Canada also supply many of our minerals.
The mineral commodities highlighted in this book have been called critical or strategic owing to concerns about risk of supply interruption and the cost of such a disruption. Such critical mineral commodities include rare-earth elements, used in high-end electronics, and platinum-group elements, used in catalytic converters and petroleum refining.
“The best part of this report is that we can provide complete minerals information for the Nation for the first time in generations,” said Klaus Schulz, an editor and author of the volume. “The USGS combines short- and medium-term data on the current global supply of minerals with research on the long-term potential of these minerals through our mineral-resource assessments. Despite current supply concerns, one thing we shouldn’t lose sight of is that we will also need mineral commodities far into the future. We wanted to identify future needs too, so we included information to help plan for the sustainable development of each of these minerals.”
This report updates another USGS report from 1973, which was published when many of the commodities that are covered in this new volume were only of minor importance. Today, advanced technologies have increased the demand for and production of mineral commodities for nearly all elements in the periodic table.
For instance, in the 1970s, rare-earth elements had few uses outside of some specialty fields, and were produced mostly in the United States. Today, rare-earth elements are integral to nearly all high-end electronics and are produced almost entirely in China.
According to the recently released USGS Mineral Commodity Summaries 2017, the United States was 100 percent net import reliant on 20 mineral commodities in 2016, including manganese, niobium, tantalum and several of the other mineral commodities covered in the new volume.
This number has risen dramatically over the past 60 years. For example, in 1954 the United States was 100 percent import reliant for the supply of only eight nonfuel mineral commodities and by 1984 for 11 commodities.
Since 1973, there has also been a significant increase in knowledge about geologic and environmental issues related to production and use. This report addresses the sustainable development of each mineral commodity in order that the current needs of the Nation can be met without limiting the ability of future generations to meet their needs.
For each mineral commodity, the authors address how the commodity is used, the location of identified resources and their distribution nationally and globally, the state of current geologic knowledge, potential for finding additional deposits, and geoenvironmental issues that may be related to the production and uses of these mineral commodities.
The volume, USGS Professional Paper 1802, is entitled “Critical Mineral Resources in the United States–Economic and Environmental Geology and Prospects for Future Supply." The USGS also regularly produces mineral information products, such as the yearly Mineral Commodity Summaries, the Minerals Yearbook, and mineral-resource assessments.
AT THE STATE LEVEL
WDFW will allow fawns to remain, at Rochester facility through winter
Press release issued 12/ 18/ 17OLYMPIA – The Washington Department of Fish and Wildlife (WDFW) will not euthanize any more deer this winter at a wildlife rehabilitation center in Thurston County under an agreement with the facility's owners announced today.
The agreement follows WDFW's action Nov. 9 to euthanize three fawns and an elk calf removed from the For Heaven's Sake Animal Rescue & Rehabilitation facility in Rochester, where state wildlife managers found those animals – all males – to be habituated to humans and unfit for release into the wild.
While that action was consistent with state regulations, WDFW wildlife managers have agreed to work with the facility's owners, Claudia and David Supensky, to find other options for the 11 deer remaining at the rescue center.
"The department has a responsibility to intercede when animals become too habituated to humans to survive in the wild," said Eric Gardner, chief of WDFW's Wildlife Program. "We removed four animals that displayed signs of severe habituation, but we've agreed to work with the owners to find a mutually acceptable solution for the other deer in their care."
Before taking action in November, WDFW contacted a number of institutions licensed to care for deer on a long-term basis, Gardner said. The only one that expressed interest was Washington State University (WSU), which has tentatively agreed to take up to six female fawns for inclusion in a longstanding nutritional study.
Under its agreement with the Supenskys, WDFW will allow the remaining fawns to stay at the Rochester facility through March 16, 2018, although WSU could take some those animals before then. Gardner said the department will continue to seek potential homes for the deer and assess the status of those remaining at the facility in spring.
Gardner described the Supenskys, who have been licensed to operate their facility since 2010, as "caring people who work hard on behalf of the animals in their care." But responding to reports from concerned citizens, a WDFW veterinarian and other wildlife specialists observed signs of habituation among the deer at their facility during a series of visits starting in August.
"Those animals showed that they had lost their fear of humans and were still looking to be fed at a time when they should have been weaned and avoiding people," said Gardner, noting that state regulations generally prescribe that such animals be euthanized.
Under their agreement with WDFW, the Supenskys are required to minimize contact with the remaining deer, avoid hand-feeding them, and wean any of them that are still bottle-feeding. If they choose to keep taking ungulates, the agreement commits them to work with WDFW to develop a corrective action plan for their facility.
Gardner noted that there are 30 licensed wildlife rehabilitation facilities in Washington, most of which are registered non-profit organizations that rely on donations and grants to cover their operating expenses. Many of the animals that wind up in those facilities were "rescued" by well-meaning citizens who unwittingly separate the animals from their mothers.
"It's never a good idea to remove a fawn from its natural environment," Gardner said. "If you're concerned about an animal's situation, please call a WDFW regional office."
For more information about wildlife rehabilitation facilities in Washington state, see WDFW's website at http://wdfw.wa.gov/conservation/health/rehabilitation/
PAGE 3: OUR ENVIRONMENTAL DIGEST
EPA and Oregon DEQ Move Portland Harbor Superfund Cleanup Forward
Press release issued 12/ 19/ 17PORTLAND – Today the U.S. Environmental Protection Agency and Oregon Department of Environmental Quality announced key milestones and significant progress in moving the cleanup of the Portland Harbor Superfund Site forward. EPA recently reached agreements with responsible parties for critical baseline sampling and for major “hot spot” early cleanup actions in the most heavily contaminated areas of the river. In addition, DEQ has completed work at 65 percent of the known upland sources of pollution to the river, work that will ensure cleaned areas aren’t re-contaminated.
“We’re pleased with the progress we’ve made in this first year implementing the Record of Decision for Portland Harbor and we are committed to keeping up the momentum,” said EPA Administrator Scott Pruitt. “By cooperating with the state, the tribal nations, other federal partners and the responsible parties, we will keep the cleanup moving toward our shared goals of reducing risks to people and the environment, and returning the Lower Willamette to a healthier and more vital working waterway for all.”
“We’re proud of the progress we’ve made this year removing pollution sources and completing hot spot cleanups along the river,” said DEQ Director Richard Whitman. “A cleaner harbor will protect communities that rely on the river and set the stage for Portland to re-emerge as a vital river city, bringing new jobs and opportunity to Oregonians.”
In January 2017, EPA issued the Record of Decision, or final cleanup plan, for the Portland Harbor Superfund Site, a 10-mile stretch of the Lower Willamette River in Portland, Oregon. The cleanup will reduce health risks to people, fish, and wildlife, and set the stage for commercial and industrial redevelopment and revitalization of the river and waterfront that runs through the economic heart of Portland. Since that time, EPA has been negotiating agreements and helped convene the many responsible parties to ensure cleanup work moves forward. EPA and DEQ have continued to engage communities, tribal nations, state and local governments, environmental organizations and business and industry groups to restore the health and vitality of the Willamette River. EPA recently announced that Portland Harbor is one of 21 priority Superfund sites across the country targeted by the EPA Administrator’s Superfund Task Force ( read more on link source)
FEDERAL-STATE SETTLEMENT WITH CITY OF LANCASTER, PA. TO CURB DISCHARGE OF SEWAGE AND OTHER POLLUTANTS TO CONESTOGA RIVER
Press release issued 12/ 20/ 17PHILADELPHIA (December 20, 2017) The city of Lancaster, Pennsylvania has agreed to comprehensive measures to end discharges of untreated sewage and other pollutants to local waterways from the City’s combined storm and sewage system, U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice and the Pennsylvania Department of Environmental Protection (PADEP) announced today.
The settlement, which was filed in federal district court in Philadelphia resolves a simultaneously filed complaint brought by the Department of Justice on behalf of the EPA and PADEP, alleging the discharge of untreated sewage into the Conestoga River in violation of the Clean Water Act.
Under the settlement, the City of Lancaster has agreed to implement measures to significantly reduce combined sewer overflows, or CSOs. These include improving pump stations and reduction of flow through a comprehensive long-term plan to improve the ability of the entire system to handle flow.
“We are proud of the close collaboration between EPA and PADEP over the course of these investigations and negotiations,” said EPA Regional Administrator Cosmo Servidio. “This settlement, which will improve local water quality and protect human health, was achieved in large part because of the strong cooperation between our two agencies.”
"This outcome is good for the people of Lancaster and everyone that uses the Conestoga River,” said DEP Secretary Patrick McDonnell. “Reducing sewer overflows makes our streams and rivers cleaner and better places for fish, wildlife, and people.”
The Clean Water Act complaint, filed with the proposed consent decree, alleged unlawful pollution discharges caused by numerous overflows of untreated wastewater from Lancaster’s combined sewer system. This system carries rainwater runoff, domestic sewage, and industrial wastewater in the same sewer pipes to a wastewater treatment plant, where it is treated before discharge to a water body.
During periods of heavy rainfall or snowmelt, the water volume exceeds the system’s capacity – causing combined sewer overflows. The City has five CSO outfalls, which overflowed at least 392 times in the past five years, discharging nearly 3.8 billion gallons of untreated, polluted water into the Conestoga River, a tributary of the Susquehanna River and the Chesapeake Bay. These CSOs contain not only stormwater but also untreated human and industrial waste, toxic materials, and debris.
The settlement between the Department of Justice and the city of Lancaster resulted from several years of investigation of alleged violations by EPA and PADEP, followed by extensive federal-state negotiations with city officials.
The city of Lancaster will pay a $135,000 civil penalty, split equally between the U.S. and Pennsylvania, and implement a $1.8 million supplemental environmental project. This project involves the restoration of a 1,350-foot segment of a local waterway called Groff’s Run that will reconnect wetlands to the Conestoga River, protecting water quality and reducing localized flooding.
Settlement requires Clean Air Act compliance at ArcelorMittal Monessen Coke Plant
EPA press release 12/ 20/ 17PHILADELPHIA (December 20, 2017) The United States and the Commonwealth of Pennsylvania have settled a federal court case against ArcelorMittal Monessen LLC (AMM), involving alleged Clean Air Act violations at AMM’s coke (purified coal) plant in Monessen, Pennsylvania, the U.S. Environmental Protection Agency announced today.
The proposed consent decree, filed today in U.S. District Court in Pittsburgh, resolves a joint federal-state complaint against AMM, which is a subsidiary of ArcelorMittal, the world’s largest steel making company.
“This settlement demonstrates how EPA can work with our state partners to implement the Clean Air Act to reduce harmful air pollutants in communities,” said EPA Mid-Atlantic Regional Administrator Cosmo Servidio. “Because of the Act, Americans breathe less pollution and face lower risks of premature death and other serious health effects.”
Under the settlement, AMM will pay a $1.5 million penalty divided equally between the U.S. and Pennsylvania, and implement an estimated $2 million in air pollution controls to limit particulate and sulfur compound emissions. The settlement also resolves a separate citizens’ suit filed by PennEnvironment, an environmental group that represented residents in the surrounding neighborhood.
“This settlement will reduce harmful air pollutants, benefiting the health and environment of residents around the Monessen coke plant,” said Acting Assistant Attorney General Jeffrey H. Wood for the Environment and Natural Resources Division of the Department of Justice. “The Department of Justice will continue to work with the EPA and other federal and state agencies to ensure that companies comply with the Clean Air Act.”
The complaint alleges Clean Air Act violations based on inspections by the EPA and the Pennsylvania Department of Environmental Protection, as well as follow-up requests for information. The alleged violations include excessive emissions of particulate matter from industrial operations.
Particulate matter emissions include microscopic solids or liquid droplets that can cause serious health problems when inhaled, particularly impacting children, the elderly, and those suffering from respiratory problems.
AT THE STATE LEVEL
Landowners fined for illegally pumping 500 million gallons from Odessa aquifer
DOE press release 12/ 19/ 17MOSES LAKE – Landowners near Moses Lake have been fined for illegally pumping more than 500 million gallons of groundwater from the declining Odessa aquifer.
In June, the Washington Department of Ecology issued cease and desist orders requiring the landowners and their lessee to stop pumping groundwater. Ignoring the orders, they continued pumping water illegally for three-and-a-half more months to water 530 acres of crops.
The Odessa aquifer has been rapidly declining since 1980. Groundwater has dropped more than 200 feet, forcing local farmers and homeowners to drill wells deeper to reach the diminishing water supply.
Recognizing the severity of the problem, the Legislature passed a law in 2004 that prohibited using water from the dwindling Odessa aquifer for irrigation when water from the Columbia River is available through the irrigation district.
Ecology issued the following fines:
Landowners Michael Schmidt, et al. and lessee Ron Fode were fined $103,000 for illegally irrigating 65 acres of alfalfa.
Landowner Ron Fode was fined $206,000 for illegally irrigating 130 acres of timothy hay.
Landowners Randy and Michele Kiesz, as well as lessee Ron Fode, were fined $309,000 for illegally irrigating 335 acres of alfalfa and potatoes.
The landowners disregarded warnings and orders from Ecology, continued to illegally irrigate through the 2017 growing season, and took their high-value crops to market. The estimated value of crops grown on the illegally irrigated lands is more than $1 million.
“These landowners willfully ignored the law and tapped into a vulnerable aquifer without a legal right to do so,” said Mary Verner, Ecology’s Water Resources program manager. “This isn’t fair to other irrigators who follow the law or to local communities and rural landowners who depend on this groundwater for their drinking water.”
More than $200 million has been invested by local landowners and public agencies in recent years to ease the pressure on the declining aquifer by developing sustainable surface water supplies.
Penalties can be appealed to the Pollution Control Hearings Board within 30 days.
PAGE 4: AG FERGUSON FILES MULTI-MILLION DOLLAR LAWSUIT AGAINST FOR-PROFIT VALUE VILLAGE
AG press release 12/ 20/ 17SEATTLE — Attorney General Bob Ferguson today announced a consumer protection lawsuit against the for-profit company that owns Value Village, alleging Bellevue-based TVI, Inc. has deceived thousands of Washington consumers and donors for more than a decade.
The company is the largest for-profit thrift retailer in the world, generating more than $1 billion in annual revenue. It runs 330 stores worldwide and 20 Value Village stores in Washington state.
The 37-page complaint, filed in King County Superior Court, contains numerous photos of actual advertisements used in Washington, and details the widespread deception created by Value Village’s aggressive marketing campaign. The numerous alleged deceptions mainly involve misleading consumers and donors to believe that all types of donations and purchases benefitted charity, and creating the impression that Value Village itself is a non-profit or charity.
In fact, no portion of Value Village in-store sales benefits its charity partners, and contrary to Value Village's marketing, for years, some types of donations — including furniture and housewares — did not benefit charities at all. Others provided far less benefit than consumers were led to believe, or did not go to the charity indicated to donors. In many cases, the donations were in reality pooled and shared among multiple charities.
The lawsuit alleges this conduct violates Washington’s Consumer Protection Act, which prohibits unfair or deceptive conduct in the marketplace and the Charitable Solicitations Act, which prohibits false, misleading, or deceptive charitable solicitations.
“If a for-profit company asked you to donate your couch so it could donate zero dollars to charity, you might think twice and decide to donate your couch to an actual charitable organization,” Ferguson said. “Value Village made millions by deceiving consumers and donors.”
“Every time you donate, you help us support local nonprofits.”
Advertisement for Value Village. At the time this ad campaign was running, none of the items pictured would have benefitted charity partners at all. For more than a decade, Value Village only paid charities for cloth donations.
Value Village’s advertising typically features charity logos and promises that purchases will be donated to the specific charities listed. Some contained the explicit promise: “Value Village pays local nonprofits every time you donate.”
For more than a decade, however, that was untrue. Ferguson’s lawsuit alleges this deception is a violation of the Consumer Protection Act and Charitable Solicitations Act.
For example, until 2015, Value Village paid no money whatsoever to charities for donations of “hard items,” such as furniture, housewares and toys.
In 2015, after the Attorney General’s Office initiated its investigation, Value Village began paying charities for these items — typically pennies per item.
A 2015 contract for one charity outlines the following reimbursements:
Soft goods (such as clothing and shoes): $0.04 per pound
Miscellaneous (housewares, toys, books, etc.): $0.02 per pound
Furniture and other large items: $0.02 per item
These amounts are drastically lower than the impression created by Value Village’s ads, which create the impression that charities receive a significant benefit from donations made at Value Village stores. The lawsuit alleges this is deceptive and violates the law.
“Shopping with a smile”
Value Village’s advertising also claims in-store purchases benefit its charitable partners. For example, the following public address announcement played in stores in 2015:
“We love this neighborhood. So much that we partner with non-profits in this very community. You’re helping too, ya know? Your donations and purchases help us fund their programs and services. How’s that for shopping with a smile?”
This was and is false. Value Village does not donate any portion of its sales to charity. The lawsuit alleges these claims are deceptive under the Consumer Protection Act and violate the Charitable Solicitations Act.
Rypien and Moyer branding
During 2014, Value Village solicited donations purportedly benefitting the Rypien Foundation at Spokane stores. The company paid Rypien a flat fee per month for the use of the foundation’s name and logo, giving customers the impression that customer donations would benefit Rypien. However, no donations went to Rypien.
The Spokane stores falsely advertised that every time consumers made donations, Rypien would benefit.
In 2005, Value Village contracted with the Moyer Foundation, a charity founded by former Seattle Mariners pitcher Jamie Moyer. Moyer agreed to appear in Value Village’s advertising efforts. In exchange for these appearances, Value Village agreed to pay the Moyer Foundation 4.3 cents per pound for clothing donated to three Washington stores.
The agreement expired in 2006. Yet, until 2015, the three stores bore the Moyer Foundation logo without the foundation's knowledge. Value Village continued to claim that donations benefitted the Moyer Foundation without providing any payment to the charity. This deceived consumers in violation of the Consumer Protection Act and the Charitable Solicitations Act, the lawsuit alleges.
The company stopped this conduct in 2015, only after the Moyer Foundation discovered it.
Complaints, survey show deception worked
An independent study commissioned as part of the investigation shows that Value Village’s conduct deceived Washingtonians. More than 75 percent of Washingtonians surveyed in a test group believed that the company was a charity or nonprofit organization.
When asked to evaluate actual products sold in Value Village and estimate how much of an item’s price was provided to a charity, more than 90 percent of the test group overestimated the amount of money the charity would receive. The majority of respondents believed that a charity would receive one third or more of the item’s sales price from Value Village, when in fact no portion of the sale goes to charity. Depending on the type and amount of donation, charities may receive only pennies, or prior to 2015, nothing at all from donations.
Consumers have shared their frustration over Value Village’s practices in complaints to the Attorney General’s Office.
A Lacey resident wrote:
“The impression any donor or customer receives is that Value Village (Savers) is a non-profit giving most of their profits to xyz charities. However, not a single store or shift manager in Thurston, Pierce, or King County (I went to many just to ask the question, as I couldn't find any data on-line) could tell me the actual percentage of income or profit or anything about what they actually give to a charity….I have no affiliation with any of these stores except as a shopper. However, I believe when the public is given the erroneous impression that Value Village is a non-profit, the real non-profits, such as Goodwill, suffers from a decreasing amount of quality donations.”
In a separate complaint from Marysville:
“Went into [a] store yesterday 4/27/17 to obtain information about how the money is spent and where it goes. Talked to a supervisor who provided a flier with information [regarding] [an] Earth month donation drive. I felt like I was being slapped in the face because I asked for information about where the charitable money goes.”
A Seattle resident complained:
“Value Village Stores … derive profits from people believing they are giving to a deserving Charity. This especially affects older citizens who need, or are more prone to having items picked up at their home. In my case, I learned through Angel Gonzalez, Sea. Times reporter, that Value Village recently picked up my many boxes on 2 occasions and then paid the Charity far less than they will sell the items and clothing in their stores. Thinking the donation supports (in my case, Sight Connection) people often give items of high value. I did. So, I am cheated and the government is also, as the donator takes tax deductions.”
Relief and next steps
Ferguson’s lawsuit seeks a court order prohibiting Value Village from making misrepresentations to customers and donors including: which charities benefit from donations, the amount of donations benefiting charities and that in-store sales benefit charity.
TVI has 20 days to respond to the complaint.
Assistant Attorney General John Nelson is handling the case for Washington.
Last week, attorneys for Value Village filed a preemptive lawsuit against the Attorney General’s Office in an attempt to avoid responsibility for their deceptive acts. Value Village’s lawsuit omits many important details of the Attorney General’s investigation and includes several inaccuracies. Ferguson filed a motion to dismiss Value Village’s lawsuit today.
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He's in your corner
Daily Bible Verse: Now there were in the same country shepherds living out in the fields, keeping watch over their flock by night. And behold, an angel of the Lord stood before them, and the glory of the Lord shone around them, and they were greatly afraid. Then the angel said to them, “Do not be afraid, for behold, I bring you good tidings of great joy which will be to all people. For there is born to you this day in the city of David a Savior, who is Christ the Lord.
Luke 2:8-11 NKJV
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