SUNDAY EDITION

 Sens. Murray, Cantwell, Wyden, Merkley Demand DOT Hold Railroads Accountable for PTC Implementation after Fatal Derailments, Safety Shortfalls

Press release 12/ 21/ 17 (link source)

WASHINGTON, D.C. – Today, U.S. Senators Patty Murray (D-WA), Maria Cantwell (D-WA), a senior member of the Senate Committee on Commerce, Science, and Transportation, Ron Wyden (D-OR), and Jeff Merkley (D-OR) joined a group of fifteen total senators calling on Secretary of Transportation Elaine Chao to hold railroads accountable for failing to implement sufficient safety measures.

The Senators demanded a status report on railroads’ implementation of positive train control (PTC), a lifesaving technology required by Congressional mandate to be fully implemented by 2018. The Senators’ letter comes four days after the tragic Amtrak train derailment near DuPont, Washington, which resulted in three fatalities and injured many dozens more. This accident is the latest in a troubling trend of fatal train derailments and collisions.

“Since NTSB first recommended PTC, more than 300 people have died, thousands have been injured, and millions of dollars in property damages have been incurred,” wrote the Senators. “The PTC deadline is now almost one year away – December 31, 2018.  It is imperative that railroads complete implementation before the deadline.  They must clearly understand that the consequences of failure will be stringent and prompt.”
The full text of the Senators’ letter to Chao is available for download here, and copied below.

Dear Secretary Chao:

On Monday, an Amtrak train derailed onto a busy interstate highway in DuPont, Washington.  This tragedy reminds us of the urgent need to improve rail safety, including the nationwide implementation of positive train control (PTC) technology, as mandated by Congress.  We write requesting an update on the status of railroads’ compliance with the pending deadline for implementation and your efforts to carry out other rail safety measures.

The NTSB has been urging the adoption of PTC technology since 1970, soon after a collision in Darien, Connecticut killed four people.  Following the 2008 Chatsworth, California crash that killed 25 people, Congress mandated that railroads implement the technology, which prevents trains from colliding and speeding.  For years, however, the implementation of the technology has been delayed.  Since NTSB first recommended PTC, more than 300 people have died, thousands have been injured, and millions of dollars in property damages have been incurred. 
The PTC deadline is now almost one year away – December 31, 2018.  It is imperative that railroads complete implementation before the deadline.  They must clearly understand that the consequences of failure will be stringent and prompt.  Please provide information on the following questions: 

1. Based on the reports and information provided to you by railroads, and your knowledge of efforts necessary to complete PTC implementation, what railroads do you anticipate will have fully implemented PTC by the end of 2018? 
2. What railroads do you anticipate will fail to implement PTC by 2018? 
3. What is your plan to impose fines and penalties for railroads that fail to comply with the law? 
4. Can you confirm that you will be vigorous in enforcing the deadline, imposing strong fines and penalties, where necessary, on railroads that fail to meet the deadline? 
5. How are you communicating your enforcement plans to the industry? 
6. What steps are you taking to implement other provisions of law and safety requirements, such as requirements from the 2015 surface transportation bill, known as the FAST Act, that passenger and commuter railroads complete a speed-limit action plan (section 11406) to prevent over-speed accidents into curves and commuter railroads improve inspection practices (section 11409)?   
7. What level of funding will be included in the President’s yet-to-be-released infrastructure proposal to expedite PTC implementation and advance other rail safety efforts?
8. What steps is DOT taking to approve and expedite the use of federal funds and grants by recipients for the implementation of PTC?
We appreciate your attention to this matter and urgent efforts to ensure railroads implement lifesaving PTC technology.

Senator Murray Blasts Republicans for Putting Special Interests, Corporations Ahead of Middle Class Families in 2017

Press release issued 12/ 21/ 17 (link source, includes video)

(Washington, D.C.) – Joined by fellow Senate Democratic leaders at an end-of-year news conference, today U.S. Senator Patty Murray (D-WA) criticized Senate Republicans for their lack of action before the end of the year on several legislative priorities that would provide critical support to middle class families in Washington state and nationwide, and highlighted a number of ways Republicans have hurt women, workers, retirees, and students by rolling back rules intended to put them first—choosing instead to prioritize massive corporations and special interests.

Republicans have wasted months failing to pass their disastrous Trumpcare bill and rushing to jam through their unpopular tax plan instead of taking up several policies aimed at helping working families, like renewing funding for community health center and special diabetes programs and the Children’s Health Insurance Program, or finding a permanent legislative fix for the Deferred Action for Childhood arrivals program, known as DACA. Additionally, Republicans undertook several actions over the last year that weaken protections for middle class families, including eliminating rules for worker safety, undermining women’s access to reproductive health care, taking away retirement savings options, and undermining guardrails intended to ensure all children receive a quality education, no matter who they are or how much money their parents make.
In her remarks, Senator Murray blasted Republicans for wasting the past year championing legislation that primarily benefits the wealthiest corporations and richest Americans, and refusing to work across the aisle to advance policies that would aid middle class families, saying “…this year, more than ever, Republicans have made clear exactly what it is they want to do: take from the very people President Trump said he would help and give to the wealthy and special interests. “
“…the massive burden they’ve put on the middle class is wrong—for families and for our country as a whole,” Senator Murray added. “This isn’t the direction we should be headed in.”

Page 2: STATE NEWS

Amtrak commits to paying derailment costs, speeding implementation of positive train control

Press release from Governor Inslee's webpage dated 12/ 20/ 17

Gov. Jay Inslee issued a statement today following a conversation with Amtrak's president:
"Earlier today, Transportation Secretary Roger Millar and I spoke with Richard Anderson, President and Co-CEO of Amtrak, regarding the tragic train derailment in DuPont.
"The swift response to this tragedy has been the result of cooperation from all the involved jurisdictions. The priority has been on taking care of those on board the train and restoring access to I-5 as soon as safely possible. This response, however, does not come without financial costs. Mr. Anderson committed to me during our call that Amtrak will pay for the costs of the derailment including all the medical and incidental expenses incurred by those injured and their families, the clean-up and repair of the roadway, and the restoration of passenger rail service. This is a significant commitment and I appreciate that he has offered this support early and unequivocally.
"I also asked how Amtrak can work with its railroad partners to expedite the implementation of Positive Train Control (PTC). There are several entities responsible for fully implementing PTC in Washington state and Mr. Anderson committed that Amtrak would seek to make PTC operational statewide on its trains as soon as possible and before the December 31, 2018 federal deadline.
"I want to be clear there are still many unanswered questions about how and why this incident occurred. I have confidence the NTSB’s investigation will provide those answers. Crews have made commendable progress on restoring I-5 and I ask that travelers continue to be patient as they complete opening of the lanes."

Washington economy continues to improve

ESD press release issued 12/ 20/ 17

OLYMPIA – Washington’s seasonally adjusted unemployment rate held at 4.5 percent in in November, despite preliminary estimates from the federal Bureau of Labor Statistics (BLS) that indicate the state added 9,800 jobs over the month.

“While the unemployment rate didn’t change, Washington’s economic outlook is bright,” said Paul Turek, economist for the department. “Unemployment stands at a record low, businesses are adding jobs and more people are joining the labor force. That’s great news for everyone as we head into the holidays.”

The Employment Security Department released the seasonally adjusted, preliminary job estimates from BLS as part of its November Monthly Employment Report. The department also announced that October’s previously announced gain of 6,900 jobs was revised downward to 6,300 jobs.
In November last year, the statewide unemployment rate was 5.2 percent.
The national unemployment rate was 4.1 percent in November and 3.8 percent in the Seattle/Bellevue/Everett area.
Employment Security paid unemployment insurance benefits to 54,386 people in November.
Labor force continues to grow in Washington
The state’s labor force was 3.7 million in November — an increase of 5,200 people from the previous month. In the Seattle/Bellevue/Everett region, the labor force increased by 4,400 over the same period.
From November 2016 through November 2017, the state’s labor force grew by 98,600 and the Seattle/Bellevue/Everett region increased by 21,900.
The labor force is the total number of people, both employed and unemployed, over the age of 16. Ten sectors expand, three contract 
Private sector employment increased by 13,100 and government employment decreased by 3,300 jobs in November.
This month’s report shows the greatest job growth occurred in professional and business services up 3,800, education and health services up 2,900, and other services up 2,300. Other sectors adding jobs were wholesale trade up 1,300, construction up 1,200, transportation, warehousing and utilities up 1,000, information and manufacturing both up 900, retail up 200 and mining and logging up 100.
Government faced the biggest reduction in November, losing 3,300 jobs. Additionally, leisure and hospitality cut 1,400 and financial activities trimmed 100 jobs respectively. 
Year-over-year growth remains strong
Washington has added an estimated 97,900 new jobs from November 2016 through November 2017, not seasonally adjusted. The private sector grew by 3.2 percent or 87,100 jobs, and the public sector increased by 1.8 percent, adding 10,800 jobs.
From November 2016 through November 2017, 12 of the state’s 13 industry sectors added jobs. Manufacturing (-1,500) was the only sector to report job losses.

The three industry sectors with the largest employment gains year-over-year, not seasonally adjusted, were:

Professional and business services with 17,900 new jobs;
Construction with 14,400 new jobs; and
Education and health services with 13,800 new jobs.
Employment Security is a partner in the statewide WorkSource system, which offers a variety of employment and training services for job seekers, including free help with resumes, interviewing and skills training. WorkSource also helps employers advertise jobs, convene hiring events and connect with subsidized employee training.
WorkSource locations and more than 140,000 job openings can be found on WorkSourceWA.com.
Check it out! ESD has new labor market information and tools, including a video tutorial, to highlight popular information and data.
Note: The Bureau of Labor Statistics recently updated its “alternative measures of labor underutilization,” or U-6 rate, for states to include the third quarter of 2017. The U-6 rate considers not only the unemployed population in the official U-3 unemployment rate, but also “the underemployed and those not looking but wanting a job.” The U-6 rate for Washington through the third quarter 2017 was 9.4 percent compared to the national rate of 8.9 percent. Washington’s U-6 rate is the lowest it has been since 2007.

PAGE 3: Our Health Digest

FDA updates the label of Tasigna to reflect that certain patients with a type of leukemia may be eligible to stop treatment after sustained response

FDA press release dated 12/ 22/ 17 (link source)
The U.S. Food and Drug Administration today updated the product label for the cancer drug Tasigna (nilotonib) to include information for providers about how to discontinue the drug in certain patients. Tasigna, first approved by the FDA in 2007, is indicated for the treatment of patients with Philadelphia chromosome positive (Ph+) chronic myeloid leukemia (CML). With today’s updated dosing recommendations, patients with early (chronic) phase CML who have been taking Tasigna for three years or more, and whose leukemia has responded to treatment according to specific criteria as detected by a test that has received FDA marketing authorization, may be eligible to stop taking Tasigna.
“Patients diagnosed with CML generally face a lifetime of treatment to keep their leukemia from growing or recurring,” said Richard Pazdur, M.D., director of the FDA’s Oncology Center of Excellence and acting director of the Office of Hematology and Oncology Products in the FDA’s Center for Drug Evaluation and Research. “Today’s approval shows that some patients may be able to stop treatment with Tasigna altogether if they are showing a strong response to therapy. While we welcome this progress in patient care, it’s important to note that any discontinuation of treatment still means patients must be regularly monitored for disease recurrence.”

CML is a cancer of the bone marrow and causes the body to make too many white blood cells. Almost all patients with CML have an abnormality known as the Philadelphia chromosome, which produces a protein called BCR-ABL. The National Cancer Institute at the National Institutes of Health estimates approximately 8,950 patients will be diagnosed with CML this year, and 1,080 will die of the disease.

Tasigna is a kinase inhibitor that works in CML by blocking a protein called BCR-ABL, which promotes abnormal cell growth. Today’s action adds information to the product label for patients and health care providers regarding the conditions under which patients may be eligible to discontinue treatment and notes that if treatment is stopped patients must be regularly monitored for disease recurrence.

The information about discontinuing Tasigna was based on two single-arm trials of patients with Ph+ chronic phase CML. The trials measured how long patients were able to stop taking Tasigna without the leukemia returning (treatment-free remission, or TFR). In both trials, patients had to meet rigorous criteria showing how their cancer had responded to treatment before stopping Tasigna. In the first trial, among the 190 newly diagnosed patients with CML who stopped Tasigna after taking it for three or more years and meeting other specified criteria, 51.6 percent were still in the TFR phase after approximately one year (48 weeks) and 48.9 percent were still in the TFR phase after approximately two years (96 weeks). In the second trial, among the 126 patients who had stopped Tasigna after taking it for three or more years after switching from the cancer drug imatinib, 57.9 percent were still in the TFR phase after approximately one year (48 weeks) and 53.2 percent were still in the TFR phase after approximately two years (96 weeks).

An important part of both trials was regular and frequent monitoring of specific genetic (RNA) information that specifies the BCR-ABL protein level in the blood with a diagnostic test that has received FDA marketing authorization. Monitoring with a test able to detect reductions of specific RNA information with high accuracy and precision is critical to the safe discontinuation of Tasigna, as this monitoring provides the first signs of relapse.

Common side effects in patients who discontinued Tasigna include musculoskeletal symptoms such as body aches, bone pain and pain in extremities. Some patients experienced prolonged musculoskeletal symptoms.

Common side effects of taking Tasigna include nausea, rash, headache, fatigue, itching (pruritus), vomiting, diarrhea, cough, constipation, joint pain (arthralgia), upper respiratory inflammation (nasopharyngitis), fever (pyrexia), night sweats, low levels of low blood platelets (thrombocytopenia) and low levels of certain blood cells (myelosuppression or thrombocytopenia, neutropenia and anemia).

Severe side effects of taking Tasigna include myelosuppression, blockages in the heart or arteries (cardiac and arterial vascular occlusive events), inflammation of the pancreas and high levels of enzymes in the blood (pancreatitis and elevated serum lipase), severe liver damage (hepatotoxicity), abnormal levels of electrolytes in the blood, metabolic abnormalities (tumor lysis syndrome), severe bleeding (hemorrhage), drug interactions with CYP3A4 inhibitors, total surgical removal of the stomach (gastrectomy) and fluid retention. Women who are pregnant or breastfeeding should not take Tasigna because it may cause harm to a developing fetus or newborn baby.

Severe side effects typically associated with Tasigna administration occurred less frequently in patients who discontinued Tasigna. However, the long-term outcomes of patients discontinuing versus continuing treatment are unknown at this time.
The labeling for Tasigna contains a boxed warning to alert health care professionals and patients about the risk of abnormal heart rhythm (QT prolongation) and sudden death. Tasigna should not be taken by patients with low levels of potassium in the blood (hypokalemia), low levels of magnesium in the blood (hypomagnesemia), or QT prolongation. Sudden deaths have been reported in patients taking Tasigna. The boxed warning also states Tasigna should not be given with drugs known to prolong the QT interval or with strong CYP3A4 inhibitors. Patients should not eat two hours prior to or one hour after taking Tasigna.
The  update to the Tasigna labeling information was granted Priority Review, under which the FDA’s goal is to take action on an application within six months where the agency determines that the drug, if approved, would significantly improve the safety or effectiveness of treating, diagnosing or preventing a serious condition. Tasigna also received Orphan Drug designation, which provides incentives to assist and encourage the development of drugs for rare diseases.
The FDA granted the approval of the Tasigna label changes to Novartis Pharmaceuticals Corporation.

AT THE STATE LEVEL

State revokes, suspends licenses, certifications, registrations of health care providers

OLYMPIA -- The Washington State Department of Health has revoked or suspended the licenses, certifications, or registrations of health care providers in our state. The department has also immediately suspended the credentials of people who have been prohibited from practicing in other states.
The department’s Health Systems Quality Assurance Division works with boards, commissions and advisory committees to set licensing standards for more than 80 health care professions (e.g., medical doctors, nurses, counselors).
https://www.doh.wa.gov/Newsroom/2017NewsReleases/17174SuspensionM1757NewsRelease

PAGE 4: World and NATIONAL

Secretary General Extends Mandate of Special Tribunal for Lebanon, in Accordance with Security Council Resolution 1797 (2005)

UN press release issued 12/ 22/ 17 (link source)
Secretary‑General António Guterres has extended the mandate of the Special Tribunal for Lebanon from 1 March 2018 for a period of three years, or upon the completion of the cases before the Special Tribunal if sooner.  The extension is in accordance with Security Council resolution 1797 (2005).
The mandate of the Special Tribunal, which is based near The Hague in the Netherlands, is to hold trials for those accused of carrying out the attack of 14 February 2005 in Beirut, which killed 22 people, including the former Prime Minister of Lebanon, Rafiq Hariri, and injured many others.  The trial, in absentia, of four individuals indicted over the killing began in January 2014 and is currently ongoing.
The Special Tribunal for Lebanon also has jurisdiction over attacks carried out in Lebanon between 1 October 2004 and 12 December 2005, if they are connected to the attack of 14 February 2005 and are of a similar nature and gravity.
The Secretary‑General reaffirms the commitment of the United Nations to support the work of the Special Tribunal in the fight against impunity for such major crimes, in order to bring those responsible to justice.  The United Nations looks forward to the completion of the mandate of the Special Tribunal in a timely manner.  The United Nations also looks forward to the continued support and cooperation of the Government of Lebanon.

NATION

What Tax Cuts Have to Do with Making America Great Again

White House press release issued 12/ 21/ 17 (link source)
Congress has passed the first overhaul of the U.S. tax code in more than 30 years. The Tax Cuts Act is a powerful symbol of what Republicans can accomplish when they unite behind a positive governing agenda for the country.
But this legislation isn’t about Republicans vs. Democrats. Rather, it’s an early centerpiece of the vision President Trump laid out on the campaign trail. Americans of all backgrounds want a government that’s more accountable, more democratic, and less eager to line its pockets with cash from taxpayers and small businesses.
The U.S. tax code was an over complicated mess, so we understand Americans want to know exactly what’s different under the new law. It makes three important changes to our tax system:

The Tax Cuts Act means less money taken out of Americans’ paychecks. It provides $5.5 trillion in tax cuts by nearly doubling the standard deduction, doubling the child tax credit, protecting tax savings for higher education and retirement, and lowering rates across the board. It also repeals Obamacare’s individual mandate tax, 80 percent of which hit households earning less than $50,000 a year in 2016.
The bill puts American businesses on a level playing field with foreign competitors. America’s corporate tax rate will go from being the highest in the developed world to below the average for Organisation of Economic Co-operation and Development (OECD) countries. A one-time tax on corporate earnings stashed overseas will end the incentive for companies to keep their profits outside of the United States.
The act will eliminate dozens of special interest tax breaks and loopholes. The Tax Cuts Act will raise $4 trillion in revenue to help offset tax cuts by closing the door on dozens of corporate accounting tricks. The bill eliminates a loophole used to deduct compensation for executives earning more than $1 million a year. Washington isn’t spared, either: Members of Congress will no longer be able to deduct their living expenses.
Talk is cheap, of course—the proof will come when Americans begin seeing more money in their paychecks as early as February. (read more from link source)


NEWS STORY COMMENTARY
From the Seattle Times: Pulling out of NAFTA would jeopardize our security and economy
Trump should not lightly discount the border and homeland security implications of a NAFTA withdrawal. A fracture in the American-Mexican relationship and the resulting consequences should worry us all.


WEEKLY BIBLE STUDY
Undenominational Christians?
Peter, Paul, and other first-century disciples were Christians, but what denomination were they members of? None at all! Denominational division, as we know it, did not exist in the first century. All Christians were in one body, the church which belongs to Jesus (Matt. 16:18; Eph. 4:3-6). First-century Christians were members of Jesus' church, but not members of any denomination. Why can't you and I do the same today?---Gospel Way
https://www.gospelway.com/topics/church/undenominational_christians.php

COMIC CORNER

MERRY CHRISTMAS EVERYONE!

Picture by, Peter Ripley using IMVU props

And they came with haste and found Mary and Joseph, and the Babe lying in a manger. Now when they had seen Him, they made widely known the saying which was told them concerning this Child. And all those who heard it marveled at those things which were told them by the shepherds. But Mary kept all these things and pondered them in her heart. Then the shepherds returned, glorifying and praising God for all the things that they had heard and seen, as it was told them.

Luke 2:16-20 NKJV

Starting every Sunday I'll post a comic post on here. Using my IMVU props, making these pictures with a caption. And a little storyline along with it. 

Monday there will be no update taking the day off for Christmas. In the meantime have yourself a safe, and blessed holiday.

Kilmer Statement on Congress’s Decision to Kick the Can on Long-term Spending Plan

Press release issued 12/ 21/ 17 (link source)

I am disappointed that rather than using these last few weeks to do their jobs and produce a long-term, bipartisan spending plan, the majority of Congress has decided to once again kick the can down the road. I remain committed to working with the members of both parties to pass a long-term, bipartisan spending plan.
Congress has punted from September to early-December, then to mid-December and now to January. No household would run their family finances three weeks at a time. No business would either.  These manufactured crises are certainly no way to run the government either.  That’s why I supported measures like No Budget No Pay, which would mean Congress wouldn’t be paid if the government is shutdown.
In January, Congress should get serious and pass a long-term, bipartisan deal. That’s overdue. Doing so would mean government agencies and the federal workforce has the assurances needed to make long-term plans, which saves taxpayer money, allows the military to maintain readiness, and prevents Americans from having the government services on which they rely held hostage by partisan politics.

AG FERGUSON’S LAWSUIT REVEALS COMCAST DECEIVED CUSTOMERS, CHARGED FOR SERVICE PLANS WITHOUT CONSENT

Press release issued 12/ 21/ 17 ( link source)

SEATTLE — Today Attorney General Bob Ferguson amended his lawsuit against Comcast to include new evidence revealing even more deceptive conduct than previously alleged.

Ferguson filed a more than one-hundred-million-dollar lawsuit against the cable television and internet giant in King County Superior Court in August of 2016. The suit asserts Comcast misrepresented the scope of its Service Protection Plan (SPP) as part of more than 1.8 million violations of Washington’s Consumer Protection Act (CPA).

More than half a million Washingtonians subscribed to the SPP since 2011, paying at least $73 million to Comcast for the service plan from 2011 through the end of 2015.

A sample of recorded calls between SPP subscribers and Comcast representatives obtained by the Attorney General’s Office reveal that Comcast may have signed up more than half of all SPP subscribers without their consent. Comcast deceived consumers even when mentioning the SPP, telling them the SPP plan was “free” when they signed up, when in fact, Comcast would automatically charge them every month after the first month.

“This new evidence makes clear that Comcast’s conduct is even more egregious than we first realized,” Ferguson said. “The extent of their deception is shocking, and I will hold them accountable for their treatment of Washington consumers.”

Sample of customer calls reveals massive deception

In May 2017, King County Superior Court Judge Timothy Bradshaw ordered Comcast to provide the Attorney General’s Office with “telephone calls that exist in which [Comcast] sold the SPP to Washington consumers.” In response to the court order, Comcast turned over to the Attorney General’s Office recordings of calls between Comcast and 1,500 Washington consumers whom Comcast signed up for the SPP.

The Attorney General’s Office analyzed a random sample of recorded sales calls between Comcast and 150 Washingtonians. Comcast did not even mention the SPP to nearly half the sample. Additional consumers in the sample explicitly rejected the SPP, but Comcast signed them up anyway. Consequently, Comcast enrolled more than half of these subscribers without their consent.

Even when Comcast actually mentioned the SPP on the sales call before signing consumers up for the SPP, Comcast continued to engage in deception. Comcast deceptively failed to disclose the SPP was a monthly recurring charge to 20 percent of the Washingtonians in the sample. Rather, Comcast often told subscribers the SPP was added for “free” to their account.

According to Comcast’s own data, more than 75% of SPP subscribers sign up via the telephone. Comcast operates call centers in Washington state, Colorado, Minnesota and Texas, as well as throughout the world in the Philippines, Mexico and Guyana. Comcast paid call center staff up to $5 for every SPP sale they made.

Comcast does not instruct its employees to send customers any information about the SPP via email, text message, mail, or refer the customer to Comcast’s website while the call is occurring and the customer is considering whether to enroll in the SPP. Rather, Comcast only provides oral representations about the SPP.

The Attorney General’s Office alleges this pattern of deception is a systemic issue throughout Comcast’s marketing and “sale” of the SPP, and represents potentially tens of thousands of new violations of the Washington state Consumer Protection Act.

Deleted call recordings impede investigation

Comcast’s refusal to produce call recordings has been an ongoing issue.

In June 2015 the Attorney General’s Office sent Comcast a Civil Investigative Demand that required Comcast to preserve these call recordings between Comcast representatives and Washingtonians who purchased the SPP.

After filing the lawsuit in August 2016, the Attorney General’s Office renewed its request for these call recordings. Comcast refused to provide them, arguing that to do so would be burdensome. Consequently, the Attorney General’s Office asked the court to compel Comcast to produce a sample of these call recordings.

Still Comcast refused to produce the recordings. Comcast responded to the Attorney General’s motion to compel production of call recordings by again arguing it would be burdensome to review and provide them. In a brief to the court, Comcast estimated it would take “approximate 8,500 reviewer hours” to produce these calls.

Only after Judge Bradshaw ordered Comcast to comply in May 2017 did Comcast admit it had already deleted 90% of the calls the Attorney General’s Office had been requesting as part of its investigation. Comcast deleted tens of thousands of calls some time after the Attorney General’s Office demanded Comcast preserve the recordings and before telling the court it would take more than 8,000 hours to produce them.

The Attorney General’s Office filed a motion asking Judge Bradshaw to levy sanctions against Comcast for discarding potential evidence while under investigation.

In August 2017, Judge Bradshaw awarded the state approximately $13,000 in attorney fees and costs incurred in connection with the motion for sanctions. Judge Bradshaw reserved ruling on whether to impose further sanctions.

Despite Comcast’s deletion of recordings, through Judge Bradshaw’s court order, the Attorney General’s Office obtained the sample of call recordings that reveals additional unfair and deceptive practices.

New evidence substantially expands original $100 million-plus lawsuit substantially

Ferguson’s original 2016 lawsuit asserts Comcast violated the CPA to all of its nearly 1.2 million subscribers in Washington state. The lawsuit is the first of its kind in the nation — though the SPP is a nationwide program.
When filing his lawsuit, Ferguson announced he is seeking full restitution for the $73 million paid by SPP subscribers in Washington state. He announced he is also seeking penalties for violations of the CPA for a total of more and $100 million to hold Comcast accountable. The CPA allows a penalty of up to $2,000 per violation.
With this new evidence of these significant additional violations, Ferguson is seeking substantially more.
Shortly before Ferguson filed his lawsuit, Comcast increased the monthly price of the SPP from $4.99 to $5.99. The cost of the SPP has tripled since 2011.
Senior Assistant Attorney General Jeffrey Rupert and Assistant Attorneys General Daniel Davies and Seann Colgan are handling the case for Washington.
If Washington consumers believe Comcast added the SPP to their account without their consent, they should file a complaint with the Attorney General’s Office by going to www.atg.wa.gov and clicking on the “file a complaint” button on the homepage.

PAGE 2: AGRICULTURAL DIGEST

Hawaii: Home of a World-Class Pineapple Collection

USDA press release issued 12/ 20/ 17 (link source)

Whether eaten sliced or as a pizza topping, pineapple is a delicious and versatile tropical fruit that ranks third in worldwide popularity behind the banana and mango.
In the late 19th century, Hawaii led in the production and export of canned pineapple, thanks to an industry built around key advances in processing technology and plantings of Smooth Cayenne, a variety well suited to the state’s soils and growing conditions.

Hawaii no longer holds that title. However, it remains home to one of the world’s largest and most genetically diverse pineapple collections. The collection is managed by USDA’s Agricultural Research Service (ARS) on 33 acres of land in Hilo as part of the agency’s National Clonal Germplasm Repository for Tropical Fruit and Nut Crops.
The ARS collection represents a treasure of genetic resources for identifying and improving important traits in commercial pineapples as well as for research to understand the basic biology and evolution of different plant processes.

Big-name as well as little-known pineapple accessions alike are kept there. Some, like Smooth Cayenne, are industry leaders, prized for their fresh fruit or canning quality. Others, like Saigon Red, are more obscure though no less worth preserving.
A miniature pineapple brought to Hawaii from Vietnam in 1938, Saigon Red is too tart to eat. However, its compact size, red-skinned fruit and long, shapely leaves could prove ideal for landscape plantings or indoor use as a decorative plant.
Ensuring the good health and availability of the Hilo collection—which numbers 186 different kinds of wild and cultivated pineapple—can be labor-intensive; so, too, can cataloguing the plants and their traits. Now, new tools called “molecular markers” are helping to speed up the process—from 18 months to 2 years down to just a few days. The markers detect the gene or genes for specific traits in the pineapple’s DNA. This can be done with seedlings rather than full-grown plants, saving time, money and resources.
Just as canning refinements made Hawaii an early world leader in exports, so too is the state on the cusp of technology today to mine the fruit crop’s untapped genetic potential, with benefits to growers and consumers across the globe.

Perdue Applauds USDA’s 2017 Accomplishments

USDA press release issued 12/ 21/ 17 (link source)

WASHINGTON, Dec. 21, 2017 – U.S. Secretary of Agriculture Sonny Perdue today applauded the accomplishments made by the U.S. Department of Agriculture (USDA) over the past year. In the first year of the Trump Administration, USDA made breakthroughs in agricultural trade, moved to reduce burdensome regulations, responded to natural disasters, and battled through the worst fire season on record, among other notable achievements.

“As 2017 comes to an end, the hard-working civil servants who make up USDA have a great deal to be proud of,” said Perdue. “Unlike any other federal department, USDA touches the lives of each individual in this country every day. In the wake of hurricanes, forest fires, and everything in between, the dedicated professionals at USDA worked tirelessly to serve the American people. As we look ahead to 2018, USDA will continue our efforts to be the most effective, efficient, and customer focused department in the entire federal government.”

Stakeholder Outreach

Since being sworn in on April 25th, Secretary Perdue has visited 30 states and six foreign countries, conducting outreach to rural and agricultural stakeholders promoting President Donald Trump’s agenda. During his travels – and through two RV Tours covering over 2,200 miles in the midwest and northeast – Perdue met with farmers, ranchers, foresters, and many other stakeholders to seek input to help Congress craft the 2018 Farm Bill and solicit feedback for USDA to increase rural prosperity.

Additionally, USDA increased its efforts to attract youth to agriculture, including signing a memoranda of understanding with National FFA and separately with SCORE, an organization of business-oriented mentors. At many of his stops across America, Secretary Perdue interacted with National FFA and 4-H students to encourage the next generation to enter fields of agriculture.

Reorganization

Secretary Perdue undertook a significant reorganization of USDA, including the creation of the first-ever Undersecretary for Trade and Foreign Agricultural Affairs, as directed by the 2014 Farm Bill. As part of the reorganization, Perdue implemented a strategic vision focused on modernizing Information Technology, facilities, and support services; streamlining processes; engaging stakeholders; and improving stewardship of resources. Additionally, Perdue established an Undersecretary for Farm Production and Conservation, solidifying his commitment to improving USDA customer service by bringing together three of the Department’s most customer-facing agencies: Farm Service Agency, Natural Resources Conservation Service, and the Risk Management Agency.

Trade

USDA scored significant trade victories during 2017, including the reentry of U.S. beef to China after a 13-year hiatus; Chinese market access for U.S. rice for the first time ever; easing of regulations on U.S. citrus into the European Union; gaining approval for new biotech varieties in China; resumption of U.S. distillers dried grains into Vietnam and China; reentry of U.S. chipping potatoes into Japan; and lifting of South Korea’s ban on imports of U.S. poultry.

School Meals and Reduced Regulations

Responding to the concerns of local school nutrition workers and students, USDA moved to restore flexibility in order to serve wholesome, nutritious, and tasty meals in schools across the nation. The new School Meal Flexibility Rule makes targeted changes to standards for meals provided under USDA’s National School Lunch and School Breakfast Programs, and asks customers to share their thoughts on those changes with the Department.

Overall, USDA worked to reduce regulatory burdens on Americans and identified 27 final rules across the Department that will be completed in 2018 which will save an estimated $56.15 million.

Wildfires

USDA’s Forest Service responded to the worst fire season on record, deploying over 25,000 personnel and spending $2.9 billion fighting fires across the nation. Through the leadership of the Trump Administration, there is now bipartisan, bicameral support to invest in forest management and address inadequate fire funding after decades of inaction.

Hurricane Response
USDA helped feed people and assist producers who experienced devastating losses across five states, Puerto Rico, and the U.S. Virgin Islands following Hurricanes Harvey, Irma, and Maria. Assistance included direct delivery of food packages, waivers and flexibilities in the Supplemental Nutrition Assistance Program, approval of the Disaster Supplemental Nutrition Assistance Program, waivers for free school meals, and supplies of infant formula and baby food. USDA staff were deployed across hurricane-stricken regions to provide timely assistance through various emergency conservation, clean-up, and indemnity programs while authorizing additional time flexibilities for reporting losses and completing requests for assistance. Secretary Perdue provided Puerto Rico with a one-of-a-kind program that covered dairy cattle feed costs to prevent herd losses following virtually complete destruction of feed across the island.

Rural Prosperity
Secretary Perdue chaired the Interagency Task Force on Agriculture and Rural Prosperity, created by President Trump’s executive order, to seek ways to improve quality of life and increase prosperity across rural America. The Task Force, made up of 22 cabinet departments and federal agencies, has submitted its final report to the White House with concrete recommendations for improving the economic situation across America’s heartland.

Veterans
Secretary Perdue launched a USDA initiative to provide comprehensive and timely support to veterans interested in opportunities in agriculture, agribusiness, and in rural America. USDA wants to ensure veterans  looking to return home, or start a new career on a farm or in a rural community have the tools and opportunities they need to succeed. The resources include a website and a USDA-wide AgLearn curriculum to allow all employees to understand the unique opportunities offered to our nation’s veterans.

Ethics
USDA unveiled a new mobile application for Apple and Android devices to provide Executive Branch employees answers to questions about government ethics issues. The USDA Ethics App is the first of its kind in the federal government and reaffirms Perdue’s commitment to applying President Trump’s government-wide ethics standards to the department. The Ethics App brings to users’ fingertips short, easy-to-read summaries of federal ethics rules and Hatch Act limitations on political activity. It includes a comprehensive video library so that officials can quickly become familiar with these important rules at any time, whether in the office, off-site, or on official travel. It also contains a resources section so USDA employees can readily contact an ethics advisor at USDA. The groundbreaking application was designed to make compliance with the federal ethics rules a one-stop-shop for USDA employees, but the app is available to anyone with Android devices  or Apple devices .

USDA Agency Accomplishments

USDA is made up of 29 agencies and offices with nearly 100,000 employees who serve the American people at more than 4,500 locations across the country. While each mission area’s accomplishments may be found by using the links below, notable accomplishments are as follows:

Agricultural Marketing Service (AMS) provided significant support in negotiations that re-opened the market for U.S. beef to be exported to China for the first time in 13 years.
Agricultural Research Service (ARS) added information on nearly 140,000 food items to the Branded Food Products Database, which makes it easier to find nutrients contained in manufactured or brand-name foods sold in supermarkets.
Animal and Plant Health Inspection Service (APHIS) continued its work to ensure the free flow of agricultural trade by keeping U.S. agriculture industries free from pests and diseases. APHIS opened a potential $50 million live animal market in Kyrgyzstan, opened the sugar beet market in China, and reopened the $220 million dried distillers grain market in Vietnam, amongst many others.
Economic Research Service (ERS) conducted research which found that USDA’s school meal programs generally reduce food insecurity and contribute to diet quality and academic performance for children from low-income and food-insecure households.
Farm Service Agency (FSA), in response to Hurricanes Harvey, Irma and Maria, provided special procedures to assist producers in states and territories most severely impacted and dispatched additional staff to the affected areas.
Food Safety and Inspection Service (FSIS) continued its work to modernize operations and inspection systems to be more effective, efficient, and focus on food safety related tasks.
Food and Nutrition Service (FNS) worked tirelessly with other state and federal authorities, including FEMA, to ensure all those in natural disaster related areas were able to get the food they needed. FNS provided hundreds of thousands of pounds of nutritious food, provided disaster supplemental nutrition assistance program benefits to low income households and allowed schools in the hardest-hit areas to serve children meals for free.
Foreign Agricultural Service (FAS) organized trade missions to Egypt, Brazil, and India which generated more than $30 million in projected sales as a part of its ongoing efforts to help U.S. agribusiness expand its global reach.
Forest Service (FS) increased wildfire mitigation efforts in high risk communities and launched a USDA-led national coalition to confront the high costs of suppressing wildfires, which totaled $2.9 billion in 2017.
National Agricultural Statistics Service (NASS) launched the census of agriculture with an improved online questionnaire and items to document changes and emerging trends in agriculture.
National Institute of Food and Agriculture (NIFA) invested in projects that resulted in transformative discoveries to meet our societal challenges. Research gains include making strides in combatting citrus greening, using plant products to treat Salmonella, and lowering ammonia emissions at livestock facilities.
Natural Resources Conservation Service (NRCS) funded contracts for historically underserved customers, including socially disadvantaged, limited-resource, and veteran farmers and ranchers, exceeding $553 million to treat more than 11.3 million acres of working land.
Office of the Chief Economist (OCE) supported American agriculture and USDA decision making with timely, accurate economic intelligence on the season’s natural disasters, trade and domestic policy proposals, deregulatory actions, budgetary issues, and consequences of both real and potential market disruptions. The office expanded environmental market opportunities releasing a new information portal for farmers, ranchers, and foresters regarding data from water, carbon, and biodiversity projects as well as state and regional policies.
Risk Management Agency (RMA) streamlined claims procedures in the wake of Hurricanes Harvey, Irma, and Maria and diligently worked to increase program integrity by reducing its improper payment rate.
Rural Development (RD) provided funding for 34 telecommunications infrastructure projects that will deliver new or improved broadband service to more than 160,000 households and businesses

AT THE STATE LEVEL

New rules would require RFID for cattle in some cases 

WSDA press release issued 12/ 20/ 17 (link source) 

OLYMPIA — The Washington State Department of Agriculture (WSDA) filed a notice of intent today to update rules concerning livestock identification, specifically requiring Radio Frequency Identification, or RFID, in cases where cattle are currently required to be identified with metal tags.

The proposed rule amendments would require official U.S. Department of Agriculture (USDA) RFID tags:

When female cattle receive brucellosis vaccinations.
When bulls are sampled for trichomoniasis.
On all sexually intact cattle and bison over 18 months old presented for sale at a public livestock market.
Current rules already require official identification in these cases, but allow for the use of metal ID tags. The proposed amendments would swap metal tags for an RFID tag.

"Updating our rules to incorporate RFID devices is an important step in strengthening our state's animal disease traceability system," Washington state Veterinarian Dr. Brian Joseph said. "The livestock industry could be devastated by a disease outbreak if WSDA and the USDA were unable to contain it quickly, something that an effective animal disease traceability program can help us accomplish."

The paperwork WSDA filed today involves two CR 101 documents, the first step in making changes in the Washington Administrative Code. WSDA is proposing to amend WAC 16-86 Cattle and Bison Diseases and WAC 16-604 Public Livestock Markets with the language requiring the RFID devices.

USDA has set expectations for all states to show continued progress in implementing a robust animal disease traceability (ADT) program. An effective ADT program allows rapid tracking of an animal's movements during an animal disease outbreak and increases consumer confidence in cattle products. By incorporating the use of RFID, WSDA continues to move forward with its development of a statewide ADT system with the end goal being all cattle identified with RFID before leaving a Washington premise.

"USDA is very supportive of the efforts to improve animal disease traceability in Washington State," Dr. Leonard Eldridge, USDA Assistant Director for Alaska, Oregon and Washington said. "We have made great strides at a national ADT system. The rule changes WSDA is recommending help move Washington along the path to an effective statewide ADT system."
An animal disease outbreak can sicken or kill livestock, require animals to be quarantined or euthanized and, in some cases, pose a public health risk. They are also expensive to manage and costly to the livestock industry. A 2003 case of BSE, or bovine spongiform encephalopathy, in Washington closed some foreign markets to Washington beef products until only recently. Prior to market access closure, the U.S. was China's largest supplier of imported beef, providing 70 percent of their total consumption. Beef exports to China must now meet specified requirements under the USDA Export Verification Program which includes traceability to the U.S. birth farm using a unique identifier or, if imported, to the first place of residence or port of entry.

The next step in the rule making process is the filing of a CR 102, which also includes a public comment period. No date for this has yet been set, but it is not expected to occur prior to the end of the 2018 Legislative session.
Anyone can email wsdarulescomments@agr.wa.gov and request to be notified when the CR 102 is filed, or visit agr.wa.gov/lawsrules for the most current information.

PAGE 3: WORLD & NATIONAL

General Assembly Overwhelmingly Adopts Resolution Asking Nations Not to Locate Diplomatic Missions in Jerusalem

UN PRESS RELEASE ISSUED 12/ 21/ 17 (link source)


The General Assembly voted overwhelmingly during a rare emergency meeting today to ask nations not to establish diplomatic missions in the historic city of Jerusalem, as delegates warned that the recent decision by the United States to do so risked igniting a religious war across the already turbulent Middle East and even beyond.

By a recorded vote of 128 in favour to 9 against (Guatemala, Honduras, Israel, Marshall Islands, Federated States of Micronesia, Nauru, Palau, Togo, United States), with 35 abstentions, the Assembly adopted the resolution “Status of Jerusalem”, by which it declared “null and void” any actions intended to alter Jerusalem’s character, status or demographic composition.  Calling on all States to refrain from establishing embassies in the Holy City, it also demanded that they comply with all relevant Security Council resolutions and work to reverse the “negative trends” imperilling a two‑State resolution of the Israeli‑Palestinian conflict.

“We meet today not because of any animosity to the United States of America,” insisted Riad Al‑Malki, Minister for Foreign Affairs of the State of Palestine.  Instead, the emergency session had been called to make the voice of the vast majority of the international community — and that of people around the world — heard on the question of Jerusalem/Al‑Quds Al‑Sharif.  He described the 6 December decision by the United States to recognize the city as Israel’s capital, and to move its embassy there, as an aggressive and dangerous move, cautioning that it could inflame tensions and lead to a religious war that “has no boundaries”.

He went on to state that the decision would have no impact on the Holy City’s status, but it nevertheless compromised the role of the United States in the peace process.  Moreover, it did nothing but serve the forces of extremism around the world, he said, pointing out that even the closest allies of the United States could not turn a blind eye to its actions.  The Assembly was meeting in the wake of the Security Council’s failure to adopt a similar draft resolution, even as 14 of its 15 members had voted in its favour.  “The veto will not stop us,” he declared in that regard, underlining that Al‑Quds “will not fall to any siege, monopolization or domination”.

The representative of the United States, however, said she stood firmly behind the Administration’s decision, declaring:  “America will put its embassy in Jerusalem.”  Its citizens would remember today’s votes, including the countries that had disrespected the United States and singled it out, she warned.  Pointing out her country’s standing as by far the largest single contributor to the United Nations, she said its contributions were intended to advance its national values and interests, but when such an investment failed, the Government would be obliged to spend its resources “in more productive ways”.

Israel’s representative, meanwhile, said one‑sided anti‑Israel resolutions had been pushing the Middle East peace process back for years.  The Assembly remained in constant open session when it came to Israel, though the world was full of conflict, he noted, adding that the recent decision by the United States only declared what had always been true:  “Jerusalem has been, and always will be, the capital of the State of Israel.”  Today’s vote, therefore, was nothing more than the performance of a delusion, and the text did absolutely nothing to improve the lives of the Palestinian people.

At the meeting’s outset, Yemen’s representative presented the draft resolution in his capacity as Chair of the Arab Group and one of its two main co‑sponsors, the other being Turkey, current Chair of the Organization of Islamic Cooperation (OIC).  Describing the decision by the United States as a blatant violation of the rights of the Palestinian people, as well as those of all Christians and Muslims, he emphasized that it constituted a dangerous breach of the Charter of the United Nations and a serious threat to international peace and security, while also undermining the chances for a two‑State solution and fuelling the fires of violence and extremism.

Venezuela’s delegate, speaking for the Non‑Aligned Movement, expressed grave concern about Israel’s ongoing violations in the Occupied Palestinian Territory, including attempts to alter the character, status and demographic composition of the City of Jerusalem.  Also concerned about the decision to relocate the United States embassy, he warned that such provocative actions would further heighten tensions, with potentially far‑reaching repercussions given the extremely volatile backdrop.

Malaysia’s representative echoed those sentiments, rejecting the Jerusalem decision as an infringement on the Palestinian people’s rights.  It had also caused dismay and frustration across the Muslim world, he added.  Since the issue lay at the heart of the Palestinian cause, recognizing Jerusalem as Israel’s capital endorsed Israel’s brutal occupation and repressive policies, he said.  “We are concerned that this dire situation will only feed into the agenda of the extremists and frustrate our collective efforts in our bigger objective of combating terrorism and ending the vicious cycle of violence.”

Several delegates spoke in explanation of position, with Australia’s representative explaining that she had abstained because although her country’s Government did not support unilateral action that undermined the peace process, it did not believe today’s text would help to bring the parties back to the negotiating table.

Canada’s representative said he had abstained because the resolution was one‑sided and did not advance the prospects for peace.

Meanwhile, Paraguay’s representative said he had abstained because his delegation’s position was that the question of Jerusalem was a matter for the Security Council, as the primary body responsible for the maintenance of international peace and security.

Mexico’s representative said he had also abstained, while emphasizing that convening an emergency session was a disproportionate response.  The United States must become part of the solution, not a stumbling block that would hamper progress, he emphasized, noting that the international community was further than ever from agreement.

Also speaking were representatives of Turkey, Pakistan, Indonesia, Maldives, Syria, Bangladesh, Cuba, Iran, China, Democratic People’s Republic of Korea, South Africa, Estonia (on behalf of Austria, Belgium, Bulgaria, Cyprus, Denmark, Estonia, Finland, France, Germany, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom, as well as Albania, the former Yugoslav Republic of Macedonia, Montenegro and Serbia), El Salvador, Argentina, Romania, Nicaragua, Czech Republic, Armenia, Hungary and Latvia, in addition to the Permanent Observer for the Holy See.

 Agencies announce Shared National Credit definition change; aggregate loan commitment threshold increased to adjust for inflation, and changes in average loan size

Board of Governors of the Federal Reserve System Press release issued 12/ 21/ 17 (link source)

To adjust for inflation and changes in average loan size, the federal banking agencies on Thursday announced that, effective January 1, 2018, the aggregate loan commitment threshold for inclusion in the Shared National Credit (SNC) program will increase from $20 million to $100 million. This change will reduce reporting burden for a substantial number of banking institutions, with no material impact on the size of the portfolio evaluated.
The reporting change provides regulatory relief to 82 financial institutions while reducing the dollar amount of loans identified as SNCs by 2 percent. As a result, the SNC program will continue to reflect a portfolio of more than $4.2 trillion in credit commitments. The table below provides details for the planned change.
The SNC program is an interagency review and assessment of risk in the largest and most complex credits shared by multiple financial institutions. The interagency program began in 1977. This is the first increase in the dollar threshold for inclusion as a SNC since the program's inception.
Further, the agencies announced that, starting in 2018, annual SNC results will be reported after the third quarter examination, reflecting data as of June 30. Previously the annual report was issued after the first quarter examination, reflecting data as of December 31.

PAGE 4: LOCAL MEETINGS AGENDA HIGHLIGHTS

CITY OF FORKS 12/ 26/ 17
Agenda highlight item: Clallam County Opportunity Fund appointment
See full agenda
There was no other meetings scheduled for next week. So, Fork City Council is the only show in the region next week. All others been canceled due to the holiday.

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He's in your corner

Daily Bible Verse: For there is born to you this day in the city of David a Savior, who is Christ the Lord. And this will be the sign to you: You will find a Babe wrapped in swaddling cloths, lying in a manger.” And suddenly there was with the angel a multitude of the heavenly host praising God and saying: “Glory to God in the highest, And on earth peace, goodwill toward men!”

Luke 2:11-14 NKJV

 Free bible studies (WBS)

https://www.worldbibleschool.org/

Learn english using the bible as text (WEI)

http://www.worldenglishinstitute.org/

(Join us in worship every Sunday starting at 10:30AM Church of Christ)

http://www.pacofc.org/index.php

Senator Murray Statement on Republican Plans to Postpone Action on Alexander-Murray Health Bill Through End of Year

Press release issued 12/ 20/ 17 (link source)

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/ 17
St. 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/ 17

WASHINGTON – 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/ 17

WASHINGTON – 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/ 17

OLYMPIA – 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/ 17

PORTLAND – 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/ 17

PHILADELPHIA (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/ 17

PHILADELPHIA (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/ 17

MOSES 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/ 17

SEATTLE — 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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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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