Define The Term - "Port"

Port (pôrt, prt)
n.
1. Abbr. Pt.
a. A place on a waterway with facilities for loading and unloading ships.
b. A city or town on a waterway with such facilities.
c. The waterfront district of a city.
2. A place along a coast that gives ships and boats protection from storms and rough water; a harbor.
3. A port of entry.

Maybe the terms..."Business Park" and "Marine Service Center" were overlooked in developing the definition of a "Port" but, they don't seem to be a relevant part of that definition.

So, are we "The Port of Astoria, Oregon", doing what a "Port" is supposed to do or do we just want to limit ourselves to just being another "Business Park"?

And by the way, how is it The Mayor of Astoria, Oregon can make promises to anybody regarding "Port Business" and is it prudent business practice for any wise business owner to use that kind of judgement in relocating his/her business?

And another question would be....How many new, family wage jobs did those business moves provide to our community workforce?

And now Westerlund wants to move in a long-term Log Export operation with 50 new jobs, jobs that we can damned well qualify for and I still believe these are non-longshoreman jobs and the biggest issue is Housekeeping and we cannot work out a solution to this?

Governor Kulongoski's March 25, 2010 Letter To FERC Over Appropriate Jurisdiction And Lack Of Accurate Pipeline Information For Bradwood Landing

(Excerpt) "The NMFS fails to acknowledge, however, that the Coast Guard has specifically advised FERC and NMFS that it has exclusive jurisdiction over the screening issue and that, at present, it would not allow the use of the screening required by the FERC order or proposed by the applicant. See attached letter from J.G. Lance, US Coast Guard to Kimberly D. Bose, FERC, dated May 1, 2009.

If the Biological Opinion is to be useful, consistent with NMFS's assessment of the relative roles of the FERC and the Coast Guard, and comply with the Endangered Species Act, NMFS's Biological Opinion must consider the impact on the Columbia River fisheries of unscreened ballast and cooling water withdrawals on LNG tankers. The Draft Description should be revised accordingly.

The State of Oregon also notes that the project description does not clearly identify the final pipeline route. The Bradwood Landing EIS and FERC's order approving the project generally identify the route of the pipeline, but appear to also leave room for alternations to the route due to facts on the ground. The project description should identify the final pipeline route with sufficient detail to identify the locations that pipeline construction and maintenance will impact specific waterbodies."

Read Letter and Attachment

KMUN - "The Last D.J." - Presents: A Conversation With Clatsop County D.A. Josh Marquis & Paul Logli

Sunday, March 28, 2010

7:00-8:00pm, on "The Last DJ"
KMUN 91.9FM KTCB 89.5 FM
on the web at: http://www.coastradio.org/
questions & comments to: asktheradio@gmail.com

* How communities can have good jails and good schools.

* How non-profits contribute to healthy communities.

* Prosecutorial ethics.

* The media and the law.

* Your questions and comments.

Join Clatsop County District Attorney Josh Marquis and Paul Logli, former president of the National District Attorneys Association, in a lively and wide-ranging conversation about public safety.

Bio: Paul Logli
Currently: Chief Executive Officer , United Way of Rock River Valley, Rockford, IL

In 2008 Paul Logli took on the position as CEO of the United Way of Rock River Valley after having been actively involved with many human service and professional organizations. He has over 30 years of legal experience serving as an assistant state's attorney, state's attorney, judge and an attorney in private practice. He is the longest serving State's Attorney in Winnebago County (Rockford, IL) history, holding the position for five terms from 1986 to 2007. Logli also held several judicial appointments. First, in 1981, as Associate Judge of the Seventeenth Judicial Circuit serving Winnebago and Boone Counties, and later in 2007 by appointment of the Illinois Supreme Court to the 17th Judicial Court as Circuit Judge presiding over all civil cases in Boone County. His appointment concluded in 2008.
Logli received his Bachelor's Degree in English in 1971 from Loras College in Dubuque, Iowa, and his Juris Doctorate Degree in 1974 from the University of Illinois. He has volunteered for the Boy Scouts, Rosecrance Treatment Center, Illinois Growth Enterprises and the United Way. Logli has been nationally recognized as a prosecutor and served as President of the National District Attorneys Association in 2005 and 2006. Logli also previously served as President of the Illinois State's Attorneys Association and is the Past President of the Winnebago County Bar Association. He was an instructor for the Illinois State Bar Association and served on the faculty of the National College of District Attorneys for over 20 years.

Bio: Josh Marquis
Currently: Clatsop County (Astoria, OR) District Attorney
Josh Marquis has been District Attorney of Clatsop County (Astoria) Oregon, since 1994, and is currently running unopposed for this fifth term. He is a former president of the Oregon District Attorney's Association and has served on the Board of Directors of the National District Attorneys Association since 1997.

A graduate of the University of Oregon's Honors College and Law School, he has worked as a newspaper reporter in Los Angeles, speechwriter to California's Attorney General, and in his 18 months as a criminal defense lawyer represented three defendants in capital murder cases.

Josh is an active Democrat, serving as a delegate to the 1996 Democratic National Convention. He is a member of the Executive Committee of the NDAA's Board of Directors, serves on the Board of Directors of the Animal Legal Defense Fund and the University of Oregon Law School Alumni Association. In July 2009 he was appointed to the Leadership Council of the American Bar Association's Criminal Justice Section.

California Terminates Northern Star's Cleawater Project For Failure To Submit Required Information

FOR IMMEDIATE RELEASE Contacts:
March 16, 2010 Linda Krop, EDC: 805-963-1622
Kira Redmond, SBCK: 805-452-8647
LOCAL GROUPS CLAIM VICTORY AT END OF LNG PROJECT
Clearwater Port application terminated after company fails to submit required
information to permitting agencies
SANTA BARBARA, CA---The Environmental Defense Center (EDC) and Santa
Barbara Channelkeeper (SBCK) celebrated today after learning that the application for
NorthernStar’s Clearwater Port Liquefied Natural Gas (LNG) project was terminated by
the California State Lands Commission. The application, which would have allowed
construction of a massive LNG terminal offshore Carpinteria and Oxnard, had been
suspended since

Read The Details

U.S. District Court Judge, Michael W. Mossman Orders Port of Astoria To Finalize OLNG Lease

So, it wasn't an order, just a strong suggestion?

So, says OLNG's Peter Hansen?

From KAST-AM 1370 News and Talk

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

LNG DEVELOPMENT COMPANY, LLC,
dba OREGON LNG,
No. CV 09-847-JE
Plaintiff,
OPINION & ORDER
v.
PORT OF ASTORIA, an Oregon Port; DAN HESS,
an individual; LARRY PFUND, an individual;
WILLIAM HUNSINGER, an individual;
JACK BLAND, an individual; and FLOYD
HOLCOM, an individual,
Defendants.

MOSMAN, J.,
On February 3, 2010, Magistrate Judge Jelderks issued Findings and Recommendation
("F&R") (#126) in the above-captioned case recommending that I GRANT plaintiff's Motion for
Preliminary Injunction (#101). Defendants filed objections to the F&R with a request for an
evidentiary hearing (#129) and plaintiff responded (#130).
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may file
written objections. The court is not bound by the recommendations of the magistrate judge, but
PAGE 1 - OPINION & ORDER
Case 3:09-cv-00847-JE Document 132 Filed 03/11/2010 Page 1 of 2
retains responsibility for making the final determination. The court is generally required to make
a de novo determination of those portions of the report or specified findings or recommendation as
to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court is not required to
review, under a de novo or any other standard, the factual or legal conclusions of the magistrate
judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474
U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While
the level of scrutiny under which I am required to review the F&R depends on whether or not
objections have been filed, in either case, I am free to accept, reject, or modify any of the magistrate
judge's F&R. 28 U.S.C. § 636(b)(1)(C).
Upon review, I agree with Judge Jelderks's recommendation, and I ADOPT the F&R (#126)
as my own opinion. Plaintiff's Motion for Preliminary Injunction (#101) is GRANTED as described
in Judge Jelderks's F&R. Defendants should take immediate steps to provide the additional thirtyyear
term specified in the sublease, and to make the land subject to that sublease available to plaintiff
LNG for its use.
IT IS SO ORDERED.
DATED this 11th day of March, 2010.
/s/ Michael W. Mosman
MICHAEL W. MOSMAN
United States District Court
PAGE 2 - OPINION & ORDER

9:00AM Today(March 11, 2010) On OPB - Controlling LNG: A Conversation On States Control OF LNG Decision Over FERC's Control

From: Daniel Serres dserres@gmail.com
Date: March 10, 2010 8:14:09 PM PST

Listen To A Complete Replay Think Out Loud's Presentation, Controlling LNG

Fifth Amendment, Pipelines, Energy Speculators And Eminent Domain

Eminent domain
The Supreme Court has held that the federal government and each state has the power of eminent domain—the power to take private property for "public use". The Takings Clause, the last clause of the Fifth Amendment, limits the power of eminent domain by requiring that "just compensation" be paid if private property is taken for public use. The just compensation provision of the Fifth Amendment did not originally apply directly to the states, but the federal courts now hold that the Fourteenth Amendment extended the effects of that provision to the states. The federal courts, however, have shown much deference to the determinations of Congress, and even more so to the determinations of the state legislatures, what constitutes "public use". The property need not actually be used by the public; rather, it must be used or disposed of in such a manner as to benefit the public welfare or public interest. One exception that restrains the federal government is that the property must be used in exercise of a government's enumerated powers.
The owner of the property that is taken by the government must be justly compensated. When determining the amount that must be paid, the government does not need to take into account any speculative schemes that the owner claims the property was intended for use in. Normally, the fair market value of the property determines "just compensation". If the property is taken before the payment is made, interest accrues (though the courts have refrained from using the term "interest").
The federal courts have not restrained state and local governments from seizing privately owned land for private commercial development on behalf of private developers. This was upheld on June 23, 2005, when the Supreme Court issued its opinion in Kelo v. City of New London. This 5–4 decision remains controversial. The majority opinion, by Justice Stevens, found that it was appropriate to defer to the city's decision that the development plan had a public purpose, saying that "the city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue." Justice Kennedy's concurring opinion observed that in this particular case the development plan was not "of primary benefit to . . . the developer" and that if that was the case the plan might have been impermissible. In the dissent, Justice Sandra Day O'Connor argued that this decision would allow the rich to benefit at the expense of the poor, asserting that "Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms." She argued that the decision eliminates "any distinction between private and public use of property—and thereby effectively delete[s] the words 'for public use' from the Takings Clause of the Fifth Amendment". A number of states, in response to Kelo, have passed laws and/or state constitutional amendments which make it more difficult for state governments to seize private land. Takings that are not "for public use" are not directly covered by the doctrine,[8] however such a taking might violate due process rights under the Fourteenth amendment, or other applicable law.
The exercise of the police power of the state resulting in a taking of private property was long held to be an exception to the requirement of government paying just compensation. However the growing trend under the various state constitution's taking clauses is to compensate innocent third parties whose property was destroyed or "taken" as a result of police action.[9]

Open House To Meet CCB0fC District-1 Candidate Scott Lee

OPEN HOUSE to meet SCOTT LEE
Candidate for District 1 Clatsop County Commissioner
Sunday, March 14 from 4-6 p.m.
1684 Irving Avenue
You don't have to live in District 1 to want the best people in county government - check out Scott! District 1 includes Hammond, Warrenton, and Astoria east to roughly 5th Street. The D1 Commissioner is Jeff Hazen, who has filed for re-election.
EVERYONE IS WELCOME - - PLEASE FORWARD THIS EMAIL.

Huhtala Opts Out Of State House Race Against Witt To Run For Clatsop County Board Of Commissioners - District 3 Seat

To: All Media FOR IMMEDIATE RELEASE
March 8, 2010 Contact: Peter Huhtala (503) 468-8038
Press Release
Huhtala opts to run for Clatsop County Commission over House Seat

Astoria, OR. Native Astorian Peter Huhtala announced Tuesday that he will run for Clatsop
County Commissioner in the third district instead of pursuing a race for an Oregon House seat.

“The reality is that my heart is right here in Astoria and it’s where I think I can do the most
good,” said Huhtala, Executive Director of the Columbia River Business Alliance and a longtime
river and fisheries conservation advocate.

“For the last several months whenever I talked to people about the matters that were important to them it kept coming back to local issues. Unemployment, affordable housing, and the
environment are major concerns. These are things I know how to do something about at the
County level.”

Huhtala is running for the Commission with the primary goals of focusing attention on both
increasing jobs in the County and preserving the quality of life that makes this area a great place
to live and raise a family.

“The future of our economy is directly linked to our respect for the variety and abundance the
region affords its people,” said Huhtala, who has been an outspoken opponent of proposed
Liquefied Natural Gas terminals on the Columbia River.

“If the County just jumps on board with projects that would put jobs related to fishing, recreation and tourism at risk then we are damaging the long-term future of our economy.

We need to have a jobs strategy that is both aggressive and smart.”

The group of volunteers that were supporting Huhtala as a House candidate expressed support
for his decision to run for the County Commissioner position. “Peter’s experience and passion
makes him perfect for the County Commission,” says Phyllis Cook who is Peter’s volunteer
campaign coordinator. “I fear that some decisions made by the Commission in recent years,
however well-intentioned, may have unfortunate consequences.

We desperately need a vision for the future.

Peter has the temperament and integrity to bring transparency and a breath of
fresh air to County Government.

He will be responsive to the community.”

Wyden-Merkley Bill Could Stop LNG In Oregon

March 2, 2010
By Dennis Newman - Natural Oregon

Read The Actual Bill And Its Introduction

Oregon’s two Senators are joining forces on a bill that could bring LNG projects in our state to a grinding halt.

Wyden and Merkley want to take away control over LNG projects from the Federal Energy Regulatory Commission (FERC). They’ve introduced a bill that would return that power to the states.

Read Full Article

Some Posers For PofA's Jack Bland And Cronies

Based on your story Jack, (Bland's Daily "A" L.T.T.E, "Not Really Secret") maybe "Secret" is too strong a word to use but private, one-on-one, meetings between you and Westerlund officials on the proposed Log Export project?

Private one-on-one meetings between, as you say, other Commissioners and Westerlund officials on the same project?

Well Jack, I am no scholar on “Quasi-Judicial Process” but, I think that is called “Ex Parte Contact’ isn’t it, (Off-record contact between an elected official and a party that stands to gain from that official’s involvement on an issue to be presented before him for review, deliberation and approval or denial.) in the least?

Maybe this isn’t secret but, is it really in the interest of those of us you serve in your capacity as a “Port of Astoria Commissioner” in the doing of “OUR”….”Public Business” ? Did you get that “OUR” part Jack?

Do you have any record of exactly what transpired at your meeting Jack or do we just take your word that nothing unethical hapened?

Again, I am no “Quasi-Judicial/Public Meeting Law” scholar but to keep this process pure and to assure complete transparency, isn’t this the way it is supposed to work…A Port Business prospect brings his proposal to “Port”, sits down with Jack Crider and lays out his plan with background and necessary information. Crider and staff take that information, “Vet” and “Due Diligence” it thoroughly and prepare a report packet that covers “Findings of Fact” with “Staff Recommendations” to be submitted to “Port of Astoria Commissioners” to be heard at a formal, advertised public meeting, along with the citizens they represent, for review, deliberation and approval/denial and with ample opportunity for input by both?

I don’t think in that process it allows you and your colleagues an opportunity to play “Power Brokers” by having your direct involvement way before you should, outside the interest of the citizens you represent and on top of that, harkens back to another “Port” blunder where “Off-Record presentations, purposely avoiding proper process have gotten us into a real mess and facing some serious litigation.

You, Jack, being the “Newby” on Port Commission, I want to ask you who it was that sat you down and told you this is how “Quasi-Judicial” process works and that it is OK for you to take it upon yourself to conduct yourself outside of it?

The sad irony about this, no pun intended, is that you blandly admit that you and your colleagues seem to think it is correct ethic, thereby prospering the perception of secrecy.

Am I wrong?

I’ll wait for your answer.

Clatsop County Commission Approves And Adopts A New Guiding Principles Statement

-Approved a new Guiding Principles statement for the board of commissioners. The new statement, drawn up by commissioners Jeff Hazen and Robert Mushen with help from Assistant County Manager Nicole Williams, replaces other statements with outdated and repetitive language. The new statement reads:

· We will conduct business in an open, honest and respectful manner.

· We will provide professional, positive leadership for the organization, our employees, as well as all citizens in the County.

· We will strive to be informed and follow a process that involves collaborative decision-making keeping in mind what is best for the entire County.

· We will work in partnership with the citizens of the County, Federal, State and local governments to achieve mutual goals.

· We will foster responsible growth management.

DEQ Meets On Bradwood Landing In Knappa March 3, 2010

At this meeting, the Oregon Department of Environmental Quality will provide current information about environmental permits that will be required for the proposed Bradwood Landing Liquefied Natural Gas Terminal and Pipeline project.

Read Full Notice

From Columbia Riverkeeper; Oregon DEQ. Rejects Demands of NorthernStar LNG And 15 Other States File Amicus Brief Supporting Oregon's NSNG Lawsuit

Amicus Curiae Brief
Definition: Latin term meaning "friend of the court". The name for a brief filed with the court by someone who is not a party to the case.
"... a phrase that literally means "friend of the court" -- someone who is not a party to the litigation, but who believes that the court's decision may affect its interest." William H. Rehnquist, The Supreme Court, page 89.

Oregon Rejects Demands of NorthernStar LNG, 15 Other States File Amicus Brief Supporting Oregon’s Lawsuit Against NorthernStar
For Immediate Release:

Friday, February 19, 2010

Brett VandenHeuvel, Director, Columbia Riverkeeper – 503 348 2436

Dan Serres, Conservation Director, Columbia Riverkeeper - 503 890-2441
Portland, OR - NorthernStar’s proposed Bradwood Landing liquefied natural gas (LNG) terminal suffered two serious setbacks that may endanger the project.

First, the Oregon Department of Environmental Quality (DEQ) released a letter today Rejecting NorthernStar’s demand that DEQ issue permits in 2010.

“We are very pleased that the DEQ has clearly signaled its commitment to good science and sound process. The construction of an LNG terminal on the Columbia River would significantly impact our state’s land, air, water, and public safety,” stated Brian Pasko, Director of the Oregon Chapter of the Sierra Club.

The LNG terminal has suffered multi-year setbacks as state and federal agencies have asked for complete and accurate data on the project’s harm to salmon and impact to the Columbia River Estuary. NorthernStar, who recently stated they planned to start construction in 2010, demanded that DEQ issue permits within months. DEQ rejected these unusual demands.

DEQ’s February 17, 2010, letter states, “[NorthernStar’s] three principal demands are that DEQ: (1) drop its request for three-dimensional modeling,” (2) approve the project “without the benefit” of a consultation with the National Marine Fisheries Service, and (3) “agree to issue its certification by July 2010.” DEQ rejected each demand and said that NorthernStar would either provide the requested data and extend the permitting timeline or DEQ’s “decision will likely lead to a denial of certification.”

Brett VandenHeuvel, executive director of Columbia Riverkeeper, responded to DEQ’s letter. “NorthernStar’s demands indicate desperation. DEQ rejected these demands and has indicated that it’s willing to deny the project.”

In a second significant blow to the project, the Attorney Generals of fifteen other states, including Louisiana, Mississippi, and Ohio, filed an amicus brief against Bradwood LNG in a lawsuit challenging the Federal Energy Regulatory Commission’s (FERC) approval of the Bradwood project. The amicus brief supports Oregon’s position that Oregon has authority to deny the LNG terminals.

The amicus brief, filed by Joseph R. Biden III of Delaware, Martha Coakley of Massachusettes, and James “Buddy” Caldwell of Louisiana, among others, supports the arguments of Oregon , Washington, the Nez Perce Tribe, Columbia Riverkeeper, and other organizations.

“We’re thrilled that so many other states, along with Oregon and Washington, recognize the problems with the Bradwood application,” stated Scott Jerger from Field Jerger LLP, who represents Columbia Riverkeeper and other organizations.

An amicus or “friends of the court” brief may be submitted by non-parties who believe the issues in the case are so important that their interests are effected.

Ted Sickinger - The Oregonian: Oregon's LNG Terminal Futures Dependent On Global Market

Oregon Business News
Ted Sickinger - The Oregonian
January 23, 2010

Five years after energy developers started sniffing around Oregon as a likely spot to build an import terminal for liquefied natural gas, the air has come flooding out of the gas market like a whoopee cushion, making such proposals sound economically reckless.

With a worldwide recession in full swing, there's LNG to be had. More cargoes are expected to land this year in the U.S. -- the industry's market of last resort -- even though demand is low and gas prices have cratered.

Read Sickinger's Full Article

Oregon Senate Bill 1020 - They Gonna Try Again In 2010 Special Session?

SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.
Deletes definition of “applicant” for purposes of certain provisions related to removal-fill permitting
program.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the removal-fill permitting program; creating new provisions; amending ORS 196.825; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:

It's Dead!, Dead!, Dead!......For Now!

Read The Bill

An Essay By Ted Thomas: The Impact Of Wal-Mart On Communities

The Social Impacts: "The supporters of the proposal frequently express their subscription to the idea that the benefits of a Walmart will outweigh the costs to the community. That somehow the perception alone of low prices will draw more people to our area and so recapture consumer's spending that is otherwise lost to Longview or Portland".......

Read Full Text

Dow Jones Online: Shale Gas Boom Stymies LNG Import Terminal Plans!

By Christine Buurma - DOW JONES NEWSWIRES

NEW YORK -(Dow Jones)- A surge in domestic U.S. natural-gas supplies is stalling ambitious plans for a raft of liquefied natural-gas import terminals along the country's coastlines........

Read The Details

NOAA: Port Of Bellingham Protest Of Lease Award To Port Of Newport Upheld Says GAO Letter

Read Letter

The End Result On Measures 66 & 67

SUMMARY REPORT SPECIAL ELECTION RUN DATE:01/26/10 10:55 PM
THIRD UNOFFICIAL REPORT CLATSOP COUNTY, OR.
JANUARY 26, 2010

PRECINCTS COUNTED (OF 33) . . . . . 33 - 100.00%
REGISTERED VOTERS - TOTAL . . . . . 20,636
BALLOTS COUNTED - TOTAL. . . . . . 13,100
VOTER TURNOUT - TOTAL . . . . . . 63.48%
Measure 66
Raises tax on household income above $250,000
Yes . . . . . . . . . . . . 7,308 - 56.10%
No. . . . . . . . . . . . . 5,719 - 43.90%
Measure 67
Raises $10 corporate minimum tax
Yes . . . . . . . . . . . . 7,133 - 54.90%
No. . . . . . . . . . . . . 5,860 - 45.10%