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Oregon got a new attorney general this year for the first time since 1996, and John Kroger's early tenure has been pretty busy. Over the past, well, 113 days to be exact, he has worked to pass a bill to curb illegal debt collection practices, taken a stand against a proposed LNG terminal on the Columbia River and filed suit against the financial managers of the state's college savings plan. A few weeks after taking office, Kroger took on the high-profile investigation of Portland Mayor Sam Adams's conduct in his relationship with Beau Breedlove. And last week, the new attorney general announced his latest effort: a new environmental crimes reporting system and a proposal for a dedicated environmental crimes unit in the Department of Justice.
Kroger is asking the legislature for $500,000 per year for the unit, and an additional $500,000 each year for a civil rights enforcement unit. These big asks come at a time when the legislature has instructed state agencies to cut their budgets.
How have Attorney General Kroger's actions in his first few months in office affected you? Have you used the new environmental crimes reporting system? Have you ever been charged with an environmental crime? What concerns do you have about Kroger's approach to prosecuting these crimes?
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- John Kroger: Oregon Attorney General
Tagged as: john kroger · toxic waste
Photo credit: Oregon Department of Justice
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Assuredly there are environmental problems in Oregon and no one in their ‘right’ mind would condone pollution! Just as assuredly much of the environmental movement in the public domain is knee-jerk reactions to pseudo-science promulgated for profit by savvy capitalist entrepreneurs.
I am curious just how the “Attorney General's Environmental Action Group” will function, what the scope will be, and how the otherwise innocent public will be protected form what really looks like a ‘Brown Shirt’ operation. Who will bear the cost of well intentioned spurious accusations made by an illiterate, or agenda driven public?Who will watch the watchers?
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From Governor Tom McCall's legacy of preserving Oregon's environment for future generations, I'm happy to see A.G. Kroger's focus on enivronmental and social protection.
Where will the money come from? How will the new units be effective? Was listening to a recent show on OPB discussing polluted rivers. The new pollutants humans create aren't detectable by the old technology. Will DEQ require more money to fulfill Kroger's environmental initiative? We're certainly going to require more employees who tend to be laid off in droves due to our economy's knee-jerk reaction to lost profits.
Desolation, we wouldn't have "knee-jerk pseudo science" public reaction if business and government didn't rape and pollute the environment. Ice is melting at the poles. I'm fending cougars off my barbecue in North Portland.
Columbia slough was (is still?) one of the most polluted bodies of water in Portland. I'm sorry, I'm still not going to swim in the Willamette unless I fail to pay off the one-eyebrowed cats in the Armani suits.
There is plenty of "brownfield" space within Portland's urban growth boundary to build economy-boosting baseball stadiums. Brownfields that weren't cleaned up by previous businesses.
How many new buildings are sitting on once (and still?) polluted land down near the Marquam Bridge? But you are right, Desolation: who will watch the watchers?
When will humans gain reason and ethics to do the best thing for the environment instead of lining their pockets for fast profits?
The Comedian
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Too true. Society doesn't seem to grasp that there are external costs to mosts forms of "growing the economy". All business need to have a "closed cycle" business plan where all these externalities are accounted for and an appropriate dollar amount is assigned to them in order to determine the true cost of doing business.
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When we see an environmental crime in progress and state agencies do not respond who shoud we call?
Last summer Wapato Improvement District in Gaston discharged polluted water into the Tualatin River for over two months without a permit. Tualatin Riverkeepers called DEQ, Or Dept of Ag, ODFW and Washington County Sheriff and asked them to stop the unpermitted discharge. None of them took aciton to stop the discharge and it continued for several weeks afterwards.
The discharge cost the Joint Water Commission's drinking water plant more than $285,000 in additional filtration costs. Residents of Beaverton and Hillsboro were forced to buy bottled water. Intel had significant additional water processing costs. Oregon Dept of Human Services issued a health advisory on the Tualatin River for two weeks.
The discharge was a violation of ORS 468B.025 and Oregon Department of Agricultures water quality rules for the Tualatin Basin. Who do we call to stop such pollution when state agencies will not do their job?
See Rob Manning's and Becca Barteleson OPB Radio stories on the incident.
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I say call the Oregonian and the other news outlets. Embarrasing these agencies may be the only way to go in order to get them to do their jobs.
It may be possible to sue the poluters for damages directly.
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I'm frustrated by the amount of plowing and spraying that takes place within feet of the Willamette River--causing erosion, diminishing fish habitat, and contributing significant pollution. Checking on these violations is fairly easy; a charter flight and google.earth will reveal all of the violations and the problems they create. What exactly are the regulations, in terms of retaining riverside vegetation and buffer zones between heavily used fields and rivers? And why do they persist in plain view?
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What is being sprayed? How does spraying contribute to erosion?
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A note about the flow of this show:
We'll be talking about environmental crimes until about 9:30, and then moving on to all kinds of other issues on Kroger's plate: civil rights, OppenheimerFunds, Sam Adams, debt collectors, etc. What else do you want to ask him about?
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I think Kroger is doing a good job. With that said...
After the admission that Mayor Adams was kissing (17 year old) Beau Breedlove in the city hall bathroom, what is the hold up in charging Mayor Adams with a crime?
Portland ordinances define ethics violations and Oregon law's that may be applicable include "felony second-degree sexual abuse, misdemeanors of third-degree sexual abuse, contributing to the sexual delinquency of a minor, and/or sexual misconduct. Even if the sexual contact is consensual, Oregon law says a person younger than18 doesn't have the capacity to consent, and as a result, the contact is a crime."
How close is the state to bringing charges against the mayor?
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Emily
How about asking this tough question?
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I would like to see efforts towards a cat leash law for all cats allowed outdoors because outdoor cats just devastate songbirds and other small wildlife.
I'd like to see that done in the legislature but I think that ODFW hunting regulations could be applied to "hunting cats" and their owners, and all outdoor cats are "hunting cats" and thus their owners are in fact ilegally hunting. And Federal laws protect songbirds and other non-game species, too.
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Very nice. LOL. What do I do about the people who let their dogs and cats defecate in my yard? Hunting season for irresponsible pet owners? Hmm....
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It has been documented in several studies that domestic cats can decimate wild songbird populations. However, I think your proposed fix is unlikely to garner much support. How about a law requiring all cats to wear a bell so they cannot sneak up on birds?
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This is an interesting point I haven't heard before. It may take an awareness campaign in order to penetrate the public conscious and overcome the will of those who wish their cats to do whatever they want.
Perhaps a study or survey would bring some hard numbers about the consequences to this topic.
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"What do I do about the people who let their dogs and cats defecate in my yard?"
Yeah that too, I hate grabbing a buried cat poop when I am gardening but at least dog poops are hidden.
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By the way, we are the "Watchers". It's up to every-day people to make sure that corporations and governments function in our best interests.
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Amen. Government is not going to watch itself. Since we are it's "customers" only we can decide if our needs are getting met and we can't do that if we're not paying attention.
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Please ask the Attorney General to comment on how his proposal for an Environmental Crimes Task Force would or would not affect the business climate -- for example, by cracking down on unfair competition by those who avoid the costs of following Oregon's environmental protection laws.
Thank you.
Great show!
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Enforcing environmental crimes is good for business. Intel and other businesses incurred significant costs because of the Wapato Improvement District Discharge. Pollution costs businesses downstream from the polluter.
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Mr. Kroger keeps stating that "None of the rivers in Oregon meet federal water quality standards". Can he please be more specific, i.e. standards for what? Temperature, sewage discharge, heavy metals, PH? And who does Mr. Kroger intend to prosecute to fix these problems?
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Paul,
DEQ's database has specifics.
http://www.deq.state.or.us/wq/assessment/rpt0406/search.asp
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Please ask the Attorney General how his proposals for Environmental and Civil Rights protections and enforcement would affect Oregon's business climate -- for example, in regards to unfair competition from non-compliance and related issues.
Thank you.
Great Show!
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I would like to see Attorney General Kroger and his dept take a review of Corporate "Personhood" and work with other state Attorneys General to get it revoked.
Thom Hartmann wrote a book about it, "Unequal Protection: The Rise of Corporate Dominance and the Theft of human Rights". Apparently Corporate "personhood" was established through an incorrect reading of a case involving railroads.
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Kroger opposes the Bradford Landing LNG terminal although the fact is that coal is burned to generate about half of the electricity used in Oregon. I call that the most serious environmental crime.
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thank u for allowing our input: My concern is a large pile of very large creosote treated power poles stored in a storage yard just east of the intersection of Portland road(99 east) and Kale road in Salem Oregon. The large pile is located across from the P.G.E. maintnance facility, but may not be thier property. My concern is the fact that this land and the lands surounding this emmediate area is not in the city of salem, therefore there are public and private domestic water wells very near this storage yard. There are several trailer parks that have wells, and residents within hundreds of feet. It need to be addressed, it some one in your staff can take a look and see if it is appropriate or inappropriate, thank u for your concerns in our environmental issues.
Cliff Sisson 503 910 9512
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I'm sure John Kroger is a very educated man. I am confident that he is doing an exceptional job as AG.
However, I got very little out of your conversation with him of any substance. I could hardly follow his train of thought because it was constantly derailed by long aaaaahhhhhs and uuuummmmms every fourth or fifth word. I was so distracted by this habit that I finally gave up listening.
May I suggest that John find a Toastmasters International club where he will quickly learn to eliminate those verbal pauses from his speech pattern? Best of luck to you John.
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Mr Kroger said that he (apparently in his official capacity) is a leader in the fight against allowing an LNG plant on the Columbia--and he said later that his primary official role on environmental matters is to enforce the law. I agree that his official role should be to enforce the law. My question is: why is it appropriate for him to lead the fight against granting a permit to any applicant who is following established procedures to obtain a permit to do something in accordance with the law? Isn't he using his office to promote his personal views into the legitimate functioning of the DEQ and/or the state legislature?
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Yes, it is very appropriate. I applaud Mr. Kroger for his stance. He is in essence reaffirming what Governor Kulongoski, former Attorney General Hardy Myers, and other Oregon State agencies have asserted in the lawsuit brought before the 9th Circuit Court against the Federal Energy Regulatory Commission.
The basic State objections to the proposed Bradwood LNG terminal are:
1) An inadequate Environmental Impact Statement,
2) No proper needs assessment was made,
3) FERC's usurping of state's rights,
4) and the enormous expense to the State of Oregon to review all three proposed projects.
Gloria
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a
Something is wrong with the TOL software.
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abcbirds.org
Has information about cats and birds.
I don't know why TOL would not post that before.
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Why don't you propose it as a future discussion subject?
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As an environmental whistleblower, I support the creation of an environmental crimes unit, but will it really be effective against large polluters? My experience showed me that whether you are dealing with state or federal authorities, they both answer to political power, not to the enforcement of environmental law. The only one who is punished in the process is the whistleblower for exposing the inadequacies of both sides. Levying fines does not change the mindset of polluters; that is merely the cost of doing business. But until the mindset is changed by complete exposure of the crime and the judicial process, the effects of pollution will remain with us. From my own 8- year experience, I would not recommend that anyone come forward when they see or hear of an environmental crime. There is no support from authorities, the personal cost is too great, and the rewards non-existent. The government seems to treat perpetrators of environmental crimes with a special deference that is withheld from whistleblowers. I've discovered that government agencies do not care about doing the right thing; They seem to care more about the appearance of justice and collecting money than imposing effective sentences to bring about genuine change.
http://wweek.com/editorial/3440/11374/
http://wweek.com/editorial/3340/9395/
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Very good point! It is well explored in a fantastic movie called "The Corporation". Essentially, corporations have a legal mandate to create as much profit as possible for their investors. Corporations are not people, but they are given the legal rights of them. The movies uses the DSM IV, the criteria psychiatrists use to diagnos mental illness, and applied it to the behavior of corporations. The end result is that corporations' behavior would be diagnosed as sociopathic.
If the calculation of fines is not designed to be deterrent large enough, regardless of the business' size (maybe a percentage of the companies net worth?), and regulations are not properly enforced, than they ARE merely the cost of doing business.
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Yes, you're right - I have seen "the Corporation" and I agree with the premise. Another good movie about this topic is "A Civil Action", which highlights the importance of whistleblowers in a workplace where workers facilitated the pollution but finally had the courage and conscience to expose it. In my case, the authorities were too busy divvying up a fine of $240,000 ($156,000 to DOJ and $84,000 to the Governor's Fund) to devote any thought to changing the mindset of the industry that allows illegal environmental acts to happen if the price is right. It was a case which began with a bribe and ended with another bribe to protect the system. When are we going to get real change from the new administration? Are the same people who were in charge going to burrow into the new administration? I wonder where our Senators and our new AG stand on the subject of transparency.
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I've known more than my fair share of politicians in Oregon and most are not worth a shit.
John Kroger is, IMHO, the real deal - he's smart as hell, he keeps his ego is in check and he's created a policy agenda based on what Oregonians need versus what powerful interest groups want.
Here's what I've seen in the 4 months he's been in office:
- he fixed the Technology Transfer problem at our state universities;
- he went after Oppenheimer Funds for mismanaging our students' scholarships;
- he took on the Sam Adams case to ensure an unbiased investigation.
There is no political upside to disrupting status quo between universities & the AG's office, prosecuting big banks and investigating powerful sitting politicians. However, there is a significant upside for the people of Oregon who are being protected/defended/supported by his actions.
In short, we probably don't deserve him - but we're lucky to have him.
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Comments are now closed.
I like how John Kroger is using his political capital to do a healthy blend of what is good in the long run and what the people want now.