01-26-2020  2:10 pm   •   PDX Weather    •   SEA weather  
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NORTHWEST NEWS

PCC Cascade Expands its Food Pantry for Students

The majority of PCC students are food insecure, with up to 15% homeless

Controversial Washington Lawmaker Spreads Views Across West

Republican Rep. Matt Shea was suspended from the Republican caucus in the wake of a December report that found he was involved in anti-government activities and several lawmakers have called on him to resign, something he says he will not do

2020 Census Begins in Remote Toksook Bay, Alaska

Census takers begin counting remainder of 220 remote Alaska villages as part of national headcount

St. Andrew Parish Presents 2020 Martin Luther King, Jr. Awards

The awards are given to people whose service embodies the values of Dr. King, who used nonviolence, civil disobedience, and Christian teaching to advance the cause of civil rights in America

NEWS BRIEFS

States Sue Trump Administration Over New 3D-Printed Gun Rule

The administration’s latest rule allows 3D-printed gun files to be released on the internet ...

Shari's Restaurants Celebrate National Pie Day

Receive a free slice of pie with any entrée purchase at participating Shari's locations from 4 p.m. till 10 p.m. on Thursday, Jan....

Nashville Airport Store Seeks Works by African American Authors

The store, a namesake project of Mrs. Rosetta Miller-Perry and The Tennessee Tribune, will open March 2020 ...

Annual “Salute to Greatness” Luncheon Celebrating Students, Community & Civic Leaders

Keynote Speaker: Ms. Rukaiyah Adams, Chair of Oregon Investment Council & Chief Investment Officer at Meyer Memorial Trust....

Grant High School Students to Read Their Own Work at Broadway Books

Local author and writing instructor Joanna Rose will lead thegroup of young writers at the event to be held on Wednesday, January 22 ...

Police: Oregon pair got kids "blasted" on marijuana

TALENT, Ore. (AP) — A couple in Oregon has been arrested after police say they got two 13-year-olds high on marijuana at their home and then sent text messages to friends bragging about it.Lindsey Ann Monda, 38, and her boyfriend Jason Michael Dunn, 46, taught Monda's two children how to use...

Idaho wildlife officials criticized for elk hunt

BOISE, Idaho (AP) — Officials at the Idaho Department of Fish and Game are being criticized for taking part in a research project that led to the killing of 206 elk across southern Idaho from Pocatello to Nampa in an attempt to learn more about how to control damage from elk herds.The...

New Missouri coach Eli Drinkwitz predicts success

COLUMBIA, Mo. (AP) — Eli Drinkwitz was saying all the right things after being introduced as the new football coach at Missouri, laying out his vision for the once-proud program with unwavering confidence and bold proclamations.Then the former Appalachian State coach made a minor...

LSU's Burrow, Auburn's Brown named AP SEC players of year

LSU quarterback Joe Burrow is a unanimous selection as the offensive player of the year on The Associated Press All-Southeastern Conference football team.The top-ranked Tigers also have the SEC’s coach of the year in Ed Orgeron and the newcomer of the year in freshman cornerback Derek...

OPINION

Martin Luther King Day is an Opportunity for Service

Find out where you can volunteer and make a difference to the community ...

Looking to 2020 — Put Your Vote to WORK!

Ronald Reagan, who turned his back on organized labor and started America’s middle-class into a tailspin, has recently been voted by this administration’s NLRB into the Labor Hall of Fame ...

How Putting Purpose Into Your New Year’s Resolutions Can Bring Meaning and Results

Only 4% of people report following through on all of the resolutions they personally set ...

I Was Just Thinking… Mama in the Classroom

I wrote my first column in 1988 for a local newspaper about a beloved Dallas guidance counselor and teacher that most students called “Mama” ...

AFRICAN AMERICANS IN THE NEWS

Who can topple Trump? Dems' electability fight rages in Iowa

DES MOINES, Iowa (AP) — The urgent fight for the Democratic presidential nomination raged across Iowa on Sunday as the party's leading candidates scrambled to deliver closing arguments centered on the defining question of the 2020 primary: Who can beat President Donald Trump?Former Vice...

Simmons doc, sans Oprah, receives huge ovation at Sundance

PARK CITY, Utah (AP) — Without Oprah or Apple, the Russell Simmons documentary “On the Record” went ahead with its premiere Saturday at the Sundance Film Festival, where the women who came forward with sexual assault allegations against the hip-hop mogul received one of the...

France reports 27% increase in anti-Semitic acts

PARIS (AP) — Anti-Semitic acts increased in France last year by 27%, acts against Muslims inched higher while anti-Christian acts remained stable but highest of all, France’s interior minister said Sunday, denouncing the situation as intolerable.On top of that, acts described as...

ENTERTAINMENT

Actress Rosie Perez says she was told of Weinstein rape

NEW YORK (AP) — "Do the Right Thing" actress Rosie Perez testified Friday that fellow screen star Annabella Sciorra told her in the mid-1990s that Harvey Weinstein had raped her but that she couldn't go to the police because “he'd destroy me.”Taking the stand at the former...

Khashoggi documentary 'The Dissident' lands at Sundance

PARK CITY, Utah (AP) — A searing documentary about the killing of Washington Post columnist Jamal Khashoggi made its anticipated debut at the Sundance Film Festival, unveiling a detailed investigation into the Saudi Arabia regime and the companies and governments that do business with...

Simmons doc, sans Oprah, receives huge ovation at Sundance

PARK CITY, Utah (AP) — Without Oprah or Apple, the Russell Simmons documentary “On the Record” went ahead with its premiere Saturday at the Sundance Film Festival, where the women who came forward with sexual assault allegations against the hip-hop mogul received one of the...

U.S. & WORLD NEWS

'Sesame Street' comforts children displaced by Syrian war

NEW YORK (AP) — “Sesame Street” in the past year has tackled everything from foster care to...

Lessons learned from 2016, but US faces new election threats

It’s been more than three years since Russia's sweeping and systematic effort to interfere in U.S....

Who can topple Trump? Dems' electability fight rages in Iowa

DES MOINES, Iowa (AP) — The urgent fight for the Democratic presidential nomination raged across Iowa on...

Burundi's ruling party picks general as presidential hopeful

NAIROBI, Kenya (AP) — Burundi's ruling party has chosen an army general to be its candidate in the...

Dutch premier issues historic apology at Holocaust memorial

AMSTERDAM (AP) — Dutch Prime Minister Mark Rutte apologized Sunday for the failure of officials in the...

Zelenskiy marks Auschwitz anniversary honoring survivors

KRAKOW, Poland (AP) — Ukrainian President Volodymyr Zelenskiy paid tribute Sunday evening to Holocaust...

McMenamins
Bill Mears CNN Supreme Court Producer

WASHINGTON (CNN) -- The Obama administration struggled to keep its legal head above water at the Supreme Court Tuesday as it defended a series of federally controlled and managed floods that caused major timber damage along an Arkansas river.

A majority of the justices appeared inclined to believe that the periodic release of water from a U.S. Army Corps of Engineers dam project begun two decades ago was a government "taking." That legal designation would require the federal government to compensate the state for damages.

The property rights dispute is narrow and unique in many ways, but could clarify the standards for determining the scope, length of time, and impact of government actions affecting many property owners -- private and public.

At issue for the high court is whether the resulting downstream flooding was effectively "permanent" and therefore a "taking," or was merely "temporary" and only a "trespass."

The state of Arkansas owned the flooded land and had earlier won a $5.6 million judgment. Several on the bench appeared inclined to side with the state.

"You knew when you opened up the dam that this is where the water was going to go," Chief Justice John Roberts said to the federal government lawyer.

"Your position seems to be that if it's downstream, somehow it's not the government's water," said Justice Anthony Kennedy. "It's like the old moral refuge that the rocket designers take: I only make the rockets go up; where they come down is not my concern."

The Army completed the Clearwater Dam in 1948, along the Black River in southeastern Missouri, in response to prior natural flooding. About 110 miles downstream, in northeastern Arkansas, is the Dave Donaldson Wildlife Management Area, 23,000 acres of state-owned riparian land used for duck and game hunting, wildlife management, and timber harvesting.

Federal rules for decades had managed normal release of the water, and provided for both "planned" and "unplanned minor deviations." Beginning in 1993 the Corps launched a series of planned, irregular deviations -- quick releases of water during the summer growing season in part to give upstream farmers more time to harvest their crops without their fields becoming inundated.

Under the unique dynamics of stream flow and hydraulics, the result was higher water levels downstream, and long-term flooding of the state property during the critical growing period. The series of deviations lasted until 2000.

The Constitution's Fifth Amendment forbids "private property be taken for public use without just compensation." Even thought the land in question is state property, all sides have treated the land as "private" in nature for purposes of settling the "takings" dispute.

Attorney James Goodhart, arguing for Arkansas, said 100,000 trees were destroyed in 1999 alone, as the controlled, temporary flooding exacerbated a drought at the time. "This management area sat in water during June, July, into August, basically, stagnated water that choked the oxygen from the roots of these trees," he said.

But Justice Sonia Sotomayor questioned the premise. "The problem with this case," she said, "is that flooding is going to occur naturally anyway. The (federal) government generally builds dams to control that flooding to the benefit of all of the interests along its affected route. And at some point, either the government is going to going to make a decision that's going to help someone and potentially hurt someone. And the question is, are all of those situations going to be subject to litigation."

Sotomayor was later equally tough in her questioning of the federal government.

Justice Stephen Breyer was more blunt. "The problem with a flood is you don't take all the land. You send some stuff in. And the stuff is there for a while, and then it comes back. It's called water."

But Justice Department lawyer Edwin Kneedler got into trouble when he argued the controlled dam releases created only "incidental consequences downstream from the dam as a result of the flowage" and that the flooding was not an "occupation by the government."

"So if the government comes in and tells a landowner downstream that every March and April we are going to flood your property so that you can't use it from now on -- that's part of our plan -- that's a taking for those two months, correct?" interjected Roberts. When Kneedler said no, the chief justice shot back, "That's not a taking?"

Justice Antonin Scalia added that this is clearly a case of "a 'foreseeable and certain' incidental consequence."

Kneedler replied it is "hard to explain" how a government action affecting land 110 miles downstream is "direct" in nature. He also argued the congressional Flood Control Act of 1928 -- resulting in a hundreds of federally funded dams across the country -- would not have become law if the government believed it would to be liable for all its good-faith efforts.

"Of course, that (congressional action) can't overrule the (Constitution's) Takings Clause, can it?" replied Scalia. "I mean, that's nice that Congress doesn't want to be liable," he joked.

Sotomayor said she had "significant problems" with the administration's articulation.

The high court has dealt with several flooding cases over the years examining whether damages should be paid by the government. In a similar 1924 dispute, the high court concluded a taking required an "actual, permanent invasion of the land, amounting to an appropriation of and not merely injury to the property."

It is that gateway question the justices must first navigate: whether the Corps of Engineers' flood deviations were in fact a taking. The compensation questions would come later.

In one of the Supreme Court's most controversial recent eminent domain cases, the majority in 2006 allowed a Connecticut city to condemn a private, mostly residential neighborhood, in order to lease the land to a private developer for a high-end development project. The city justified the seizure as a "public use," generating jobs and higher tax revenues.

Justice Elena Kagan is sitting out the Arkansas appeal and did not attend the one-hour oral arguments. She had litigated the case in some form during her previous job as the administration's solicitor general. Her absence could result in a 4-4 high court tie, which would be a victory for the U.S. government, but would set no precedent.

The case is Arkansas Game & Fish Commission v. U.S. (11-597). A ruling is expected by spring.

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Delta Founders Day 2020