Federal grants are available through the USDA Natural Resources Conservation Service to help farmers and ranchers develop tools, technologies and strategies for conservation on working lands.

The NRCS Conservation Innovation Grants program is intended to stimulate the development and adoption of innovative conservation approaches in each of six project categories: energy, climate change mitigation and adaptation, plant health, soil quality, wildlife habitat and water quality or quantity. Funding for the grants comes from the NRCS Environmental Quality Incentives Program.

Up to $250,000 is available in Oregon for eligible landowners, local and state governments, tribes and non-governmental organizations. The deadline to apply is Friday, April 6.

Ronald Alvarado, NRCS Oregon state conservationist, said the Conservation Innovation Grants, or CIGs, are critical for developing science, technology and innovative tools to address natural resource concerns.

“CIG helps bridge the gap between initial product development and taking that product or approach to market,” Alvarado said. “The overall goal is to incorporate new innovations into NRCS technical manuals and make them available to the agricultural community.”

Applicants can request up to $75,000, with at least a 50 percent non-federal match that can be cash or in-kind work. Projects must be within Oregon and may be area-based or statewide in scope.

Since 2009, Oregon CIG has awarded $2.3 million in competitive grants. More information about the program is available online at www.nrcs.usda.gov.

For questions about the application process, contact CIG Program Manager Loren Unruh at 503-414-3235 or email loren.unruh@or.usda.gov.

Oregon House Speaker Tina Kotek is proposing an amendment to a controversial cap and trade bill that would allow the Legislature to delay voting on key details until next year.

The amendment, developed in coordination with co-sponsors of the bill, would allow the lawmakers to vote on the “cap” for greenhouse gas emissions this session while delaying a vote on the “trade” portion of the bill until next year.

The legislation, known as the Clean Energy Jobs Bill, would cap the state’s greenhouse gas emissions in 2021 and launch a trading system for emissions permits. About 100 companies in the state’s largest industries would be required to buy pollution permits to cover their emissions.

The bill requires permits for any business that emits more than 25,000 metric tons of carbon dioxide equivalent. That includes a variety of large manufacturers, paper mills, fuel distributors and utilities.

Over time, the cap on emissions would come down and there would be fewer pollution permits available. So companies would have to reduce their emissions, spend more on permits or buy credits to offset their emissions.

The ultimate goal is to reduce emissions to 80 percent below 1990 levels by 2050.

The bill has House and Senate versions, both of which have had public hearings and passed into rules committees last week.

Rep. Karin Power, D-Milwaukie, said the amendment acknowledges an urgent need to act on climate change while offering “another option to consider” for lawmakers who say they need more time to study the details of the bill.”Not all of them have significant environmental policy expertise,” Power said. “I think this is responsive to the concerns that we’ve heard. In that sense, I hope it would gain support from my colleagues to pass this year.”Power said Oregonians are already seeing the effects of climate change across the state, and lawmakers have spent years vetting ideas for reducing the state’s greenhouse gas emissions.”We’ve done a tremendous amount of work and we have a lot of answers,” she said. “I think if we were to have the interim to continue discussing this issue ... I think we’d be able to have more individual conversations around the projects we need to engage in around climate change.” The amendment stipulates that if lawmakers fail to approve a cap and trade program by the end of next year’s legislative session, the Oregon Environmental Quality Commission will adopt one instead.

By JOHN SCHROYER

Marijuana Business Daily

DENVER (AP) — Cannabis businesses, beware: The Hershey Co. is on the warpath.

Perhaps the most famous confectionery peddler in the world has a well-documented history of actively protecting its trademarks, and the marijuana industry is no exception.

Although Hershey’s has been relatively quiet in the marijuana sector since it sued two cannabis businesses in 2014, the company seemingly ramped up its oversight of possible trademark infringements in 2017.

Hershey’s — a Fortune 500 company with annual revenue of more than $7 billion — sent cease-and-desist letters last year to at least two California marijuana companies:

Harborside, a well-established dispensary in Oakland.

Good Girl Cannabis Co., an edibles maker in rural northeast California.

Those cases — along with several others in recent history — emphasize that the still-maturing cannabis industry still must face such legal issues as complicated trademark laws that can force small companies to change course.

While Good Girl Cannabis owner Kimberly Scott said her situation was resolved quickly and amicably, Harborside wound up fighting back after months of legal threats from one of Hershey’s law firms.

Harborside filed suit against Hershey’s in December after receiving multiple demands from an Indianapolis law firm representing the confectioner.

The lawyers wanted Harborside to pay $20,000 for “liquidated damages” and sign a settlement agreement with a confidentiality clause.

“Harborside refused confidentiality, and I told Hershey’s that we were prepared to proceed with the litigation,” said Henry Wykowski, Harborside’s longtime attorney.

“And guess what happened? They caved the next day.”

The case was voluntarily dismissed Jan. 31, according to court records — within weeks of Harborside’s initial filing.

Wykowski said the sides reached a settlement agreement that outlined zero legal liability for Harborside with respect to Hershey’s trademark-infringement allegations.

Harborside’s executive director, Steve DeAngelo, characterized Hershey’s attorneys as “bullies.”

“We stood up to the federal Department of Justice when they tried to close us down (in 2012),” DeAngelo said in a statement. “We are certainly not going to be intimidated by a candy company.”

Hershey’s did not respond to requests from Marijuana Business Daily for comment, nor did the law firm that represented the chocolatier against Harborside.

In mid-2014, Hershey’s filed suit against a Colorado edibles maker, Tincturebelle, and a Seattle dispensary, Conscious Care Cooperative, regarding edibles that were obvious parodies of classic Hershey’s candies.

Hershey’s won easily in both instances, with the Colorado and Washington state companies settling instead of going to trial.

It’s unclear from court records if Tincturebelle paid Hershey’s any money.

But Conscious Care Cooperative did not.

“At the end of it, we walked away not owing them anything,” Conscious Care co-founder Trek Hollnagel told MJBizDaily.

Hollnagel, also a co-founder of Dope Magazine, said Conscious Care’s attorney convinced Hershey’s lawyers that the dispensary wasn’t the guilty party since it was an edibles reseller and not the manufacturer that created the product name and logo.

Conscious Care was dissolved in 2016.

Tincturebelle also reached a settlement and remains in business.

California attorney Amanda Conley, who has seven years-plus of experience in intellectual property disputes, said one of her marijuana business clients also received a cease-and-desist letter from Hershey’s around 2014.

Her client reached a quick settlement, she said, and no money changed hands.

“We backed down pretty quickly, but so did Hershey’s,” Conley recalled.

She said the Harborside case seems to be “a ramping up, just based on our limited experience with this company.”

Hershey’s hasn’t focused solely on marijuana businesses when either threatening or filing lawsuits against companies it believes have committed trademark infringements. Just two examples of many from recent years:

In 2009, Hershey’s sued a West Virginia company named Reese’s Nursery and Landscaping for allegedly infringing on its Reese’s Peanut Butter Cups trademark.

In 2015, the company sued a New Jersey chocolate importer for alleged trademark violations.

Wykowski, Harborside’s attorney, believes Hershey’s took its trademark concerns a step further with his client.

The confectioner sent Harborside a cease-and-desist letter in April 2017 demanding that the dispensary stop selling Jolly Meds cannabis infused products.

In an attempt to stave off a potentially expensive legal fight, the dispensary immediately began working to comply with Hershey’s request. Its situation was similar to Conscious Care’s in that Harborside was a middle man reseller, not the creator of the product line Hershey’s took issue with.

That meant asking the manufacturer, San Francisco-based Jolly Meds, to redo its name and packaging.

(Jolly Meds officially changed its name and product line to J:Meds in 2017 and has a trademark pending with the U.S. Patent and Trademark Office.)

Harborside spent months responding to Hershey’s requests and acquiescing to demands regarding the products in question, Wykowski said.

“Hershey’s came on strong,” Wykowski said. “We thought this was an appropriate time to take a stand, not only on behalf of ourselves but on behalf of other people who are similarly situated.”

Harborside then filed suit based on the repeated demands from Hershey’s attorneys.

Hershey’s wanted a $20,000 payout from Harborside and an agreement that would have forbidden the dispensary from disclosing the existence of a settlement, including the payment.

The case had another twist: Hershey’s told Harborside that Jolly Meds was violating the confectioner’s trademark for Jolly Ranchers, yet didn’t send any correspondence at all to the infused products manufacturer.

“They did not come after us directly,” J:Meds owner Jeffrey Kolsky said. “They came after us through (Harborside), basically.”

The only practical impact on Kolsky was that he rebranded his products quicker than he had planned.

“Really, nothing has come of it,” he said, “except that we pivoted to become J:Meds instead of Jolly Meds as soon as it happened.

“We basically said, ‘This is a fight not worth having.’”

The takeaway for Wykowski is that Harborside’s fight will serve as an alert that at least some of Hershey’s attorneys are trying to extract payments from companies by threatening expensive lawsuits and then demanding confidential settlements.

“We have already been contacted by other attorneys that are faced with a similar situation on this issue,” he added, “because now it’s a matter of public record.”

Kolsky said he was delighted to see Harborside’s stand against Hershey’s, which he accused of “predatory practices.”

“It was very apparent that this was a game they were playing, that they were trying to get money where they could,” Kolsky said. “I think what it took was somebody standing up to Hershey’s with money and saying, ‘We’re calling you out on this. This is wrong.’”

Despite Harborside’s victory, Conley said most companies involved in trademark disputes will have to evaluate their situations on a case-by-case basis, in large part because settlements typically are cheaper than a court battle.

Such fights can easily cost a company hundreds of thousands of dollars in legal fees, according to Conley.

“You don’t want to be in this fight. You have so much money to spend right now on compliance and other issues, the last thing you need to be doing is having a fight with Hershey’s.”

Both Conley and Wykowski agreed: There will only be more cannabis-related trademark and IP legal disputes as the industry continues to develop.

Over the next century, sea level rise is expected to wreak havoc on the U.S. coastlines – and a new analysis shows that the Northwest is not immune. Nearly all coastal wetlands in Oregon, Washington and California will be swamped at the highest predicted sea level change.

Sea level rise is a byproduct of climate change. It happens as the world’s oceans warm and physically expand.  Melting glaciers and ice sheets are also contributing.

New research from the U.S. Geological Survey gives the first ever insight to how specific bays, marshes and harbors will fare.

“We wanted to collect data and build models at a smaller spatial scale. Really the scale of decision making,” said USGS ecologist Karen Thorne. “Like, ‘I’m a refuge manager and I want to know what’s going to happen to my wetlands’ or ‘I live in this town.’”

Coastal wetlands are important for wildlife and nurseries for our fisheries. They filter water and provide flood and erosion protection to coastal communities.

Thorne says under the lowest predictions of sea level rise – about five inches over the next century in the Northwest – wetlands will remain relatively stable.

But in higher scenarios that range anywhere from 2 to 6 feet, big changes are in store.

“You increase the water levels to a point that the plants start to die because they’re flooded too often. So when the plants start to die, you start to lose the ability to build or maintain the elevation of these wetlands,” Thorne said.

This starts off a negative feedback loop. What once was marsh becomes a mud flat.

The new models predicts that many of the most profoundly affected wetlands in Oregon and Washington won’t be able migrate inland to higher elevations. Their path has been blocked by human development and the natural topography of our rocky coast.

Wetlands at Bandon Marsh, Coos Bay and Siletz Bay in Oregon are expected to disappear entirely if the higher projections for sea level rise hold. Port Susan, Nisqually and Skokomish in Washington will lose more than half their vegetation. Even at moderate rates of sea level rise, most of the coastal wetlands will look and function very differently.

But there are a few spots on Washington’s coast that are expected to weather this symptom of climate change better than elsewhere. Notably, wetlands in Willapa Bay and Grays Harbor in Washington are expected to survive.

“Thankfully, Willapa Bay is one of those estuaries that are in a better place than some of the others,” said Jackie Ferrier, manager of the Willapa National Wildlife Refuge.

“Because it’s so influenced by the river, there’s a large amount of sediment accretion that happens within the bay.”

The sediment buildup continually raises the elevation of the wetlands and is projected to allow the marshes to keep pace with sea level rise.

Ferrier says the new information is helpful because of how localized it is. But she says the refuge will continue to rely on a range of predictive models to make decisions going forward.

The Willapa refuge is already taking actions to improve the quality of the coastal area. The refuge is in the middle of a massive habitat restoration project that is expanding the saltwater wetland footprint.

“I think our restoration puts us in an even better place because it does increase that resilience to sea level rise,” she said.

The results of the new research published Wednesday in the journal Science Advances.

EUGENE, Ore. — Rather than convince a jury, the U.S. Environmental Protection Agency wants a federal judge to declare that an Oregon farmer violated the Clean Water Act by stabilizing a riverbank.

Because the evidence “conclusively” shows large rocks were unlawfully discharged into the North Santiam River, the judge should proclaim the farmer liable instead of referring the matter to a jury, according to EPA.

The farmer, Bill Case of Linn County, Ore., argues a jury trial is necessary because it’s “hotly disputed” that his erosion-control activities ran afoul of the Clean Water Act.

Attorneys representing Case likely expect he’d be a sympathetic defendant to jury members.

The key question in the case is whether Case deposited large rocks under the river’s “ordinary high water mark,” below which the federal government has Clean Water Act jurisdiction, said Kent Hanson, an attorney representing the EPA.

The government’s experts have determined the farmer worked below that level based on historical photographs and LIDAR — or Light Detection and Ranging — a remote sensing technology, Hanson said during Feb. 21 oral arguments in Eugene, Ore.

“The defendants have questioned that but have presented absolutely no evidence,” Hanson said. “They have no expert testimony.”

Crystal Chase, the farmer’s attorney, acknowledged the defendant hasn’t produced an expert witness, but said that’s not necessary to establish a controversy to be decided upon by a jury — rather than a “summary judgment” ruling by a judge.

“Expert testimony is not the only way to create a fact dispute,” Chase said.

The federal government hasn’t sufficiently shown that the entirety of Case’s bank stabilization project fell below the ordinary high water mark, she said.

“There has not been a jurisdictional determination,” Chase said. “The government has not met its burden of proving where it is.”

If the EPA convinces the judge to rule that Case was liable, the judge would proceed to determine “remedies” for the violations. He could be fined up to $37,500 per day of violation dating back roughly nine years.

Attorneys for the EPA filed a lawsuit against Case two years ago, claiming that in 2009 he placed riprap and other fill materials in an 835-foot-long trench along the river without the required CWA permit.

During the oral arguments, U.S. Magistrate Judge Thomas Coffin appeared skeptical the farmer wouldn’t realize he was working below the ordinary high water mark.

“It’s not all that difficult of a concept to grasp if you live along the river,” Coffin said.

Case argued the government’s lawsuit should be blocked because he was relying on the advice of another federal agency — the U.S. Army Corps of Engineers — in carrying out the stabilization project.

However, the EPA argues the farmer can’t rely on this doctrine — known as “equitable estoppel” — because government officials didn’t purposely mislead Case, even if he’s accurately representing their instructions.

“Does all that add up to a deliberate lie? The answer is no,” said Hanson. “It does not add up to a pattern of false promises.”

Case countered that relying on “repeated, affirmative statements” is enough of an injustice to invoke “equitable estoppel” and block the lawsuit.

It’s not necessary to show the government intentionally lied, said Chase. “That’s not the standard.”

Apart from the original project in 2009, the EPA alleges that Case built an 800-foot-long dike along the river in 2012 and then extended it by 170 feet the following year, also without the proper permits.

Altogether, the EPA claims he deposited more than 20,000 cubic yards of fill material under the river’s “ordinary high water mark.”

According to Case, floodwaters had washed away roughly 2 acres of a field adjacent to the river, prompting him to undertake the original stabilization project in 2009 with the consent of the U.S. Army Corps of Engineers and Oregon’s Department of State Lands.

As for the activities in 2012 and 2013, Case argues that he was simply repairing dikes that had been built by the U.S. Army Corps of Engineers more than a half-century earlier, which doesn’t require CWA permitting.

However, the EPA claims he doesn’t qualify for the maintenance exemption because the dikes he rebuilt were more than twice as tall and three times wider than any pre-existing structure.

“What’s there is much bigger than what was there before,” said Hanson.

SALEM, Ore. (AP) — An Oregon sheriff and district attorney blasted efforts to regulate legalized marijuana, saying Tuesday the state is allowing black market operations to proliferate.

The issue is especially sensitive because U.S. Attorney General Jeff Sessions recently allowed federal prosecutors more leeway to pursue federal anti-marijuana laws in states like Oregon that have legalized pot. The top federal attorney in Oregon, Billy Williams, earlier this month said Oregon produces more marijuana than it consumes, with the overproduction feeding the black market. He urged locals to address the problem to avoid a possible crackdown.

Marijuana grow sites have flourished in many parts of the state, including in Deschutes County, Oregon’s fastest-growing county which sprawls over high desert and the snowy peaks of the Cascade Range.

Deschutes County District Attorney John Hummel and Sheriff Shane Nelson announced charges stemming from an illegal grow site that deputies discovered accidentally — and sharply criticized state regulatory efforts as basically nonexistent.

“Our state has no regulation for the marijuana industry,” Nelson said at a news conference in the district attorney’s offices in Bend. “In order to have regulation an agency has to have enough resources to be effective at enforcement of the regulations. Oregon does not have this.”

The Oregon Health Authority, which regulates medical marijuana, did not immediately respond to requests for comment on Tuesday’s assertions. Mark Pettinger, a spokesman for the Oregon Liquor Control Commission, which regulates recreational marijuana, noted the agency depends on the Legislature for funding for marijuana enforcement.

Hummel and Nelson complained in a Feb. 7 letter to the health authority that local law enforcement officers often can’t tell whether medical marijuana grow sites are legal or illegal because the agency hasn’t provided a list of authorized sites.

“Unfortunately, our hands are often tied when it comes to enforcing manufacturing and cultivation laws,” they wrote to Carole Yann, the agency’s manager of the medical marijuana program. They asked for a list of all registered medical marijuana grow sites in Deschutes County, but said they have not received a response.

Hummel told reporters the health authority conducted no inspections in Deschutes County in 2017, and said it is “ridiculous” that the agency provides a 10-day written notification of an inspection to growers.

Jonathan Modie, a spokesman for the health authority, said it is reviewing the letter and plans to respond soon. He confirmed that a 10-day notice is given for routine inspections but that for “complaint inspections,” staffers may make an unannounced visit.

In the news conference, Nelson complained that the Oregon Liquor Control Commission has only 23 inspectors for more than 1,200 marijuana grows and retail outlets.

“Citizens must demand that the governor’s office increase and fund more inspectors,” he said.

In a telephone interview, Pettinger said additional inspectors from the commission would soon staff a new office in southern Oregon co-located with the Oregon State Police, and that the ratio of Oregon’s inspectors is similar to some other states.

The sheriff said he respects voters’ wishes to legalize marijuana in Oregon but threatened to try to halt the establishment of marijuana grows.

“I have taken a stance. No more recreational commercial marijuana grows in Deschutes County,” Nelson said. “The state needs to take a time out and assess the oversupply that is more than likely going into the black market.”

County officials are concerned that the state will impose land use regulations for marijuana on the county, Nelson said, adding: “The state has no business in determining that.”

Hummel said he is going to “work within the system” but that if the health authority doesn’t provide a list of licensed growers he may speak with Gov. Kate Brown or lawmakers about further action.

Taking a back seat in the news conference was the announcement of criminal charges against Blake Pyfer, 27, of La Pine.

Hummel said deputies were searching with a warrant for a stolen snowboard in Pyfer’s home when they found 98 mature marijuana plants growing in a room and 63 immature marijuana plants in a separate space. He is charged with unlawful manufacture of marijuana and unlawful possession of marijuana.

Hummel said Pyfer is a medical marijuana patient and was an authorized grower for one other patient, meaning he could legally possess 12 mature plants and 24 immature plants.

Pyfer, contacted through Facebook, said he had no comment.

PORTLAND — Oregon’s wine producers should beware of becoming complacent now that their growth is outperforming regional and national competitors, experts say.

“There’s no question Oregon is rocking,” said Rob McMillan, executive vice president of the Silicon Valley Bank’s wine division, said Feb. 20 during the Oregon Wine Symposium in Portland, Ore.

Last year, the Nielsen consumer research company found that Oregon’s annual sales volume had increased 17 percent, compared to 2.3 percent for Washington, 3 percent for California and 2.8 percent for the U.S.

“Nobody is growing as fast as Oregon,” said Danny Brager, senior vice president of the beverage alcohol practice at Nielsen.

Certain trends continue to favor Oregon.

The value of wine exported from Oregon increased 53 percent, from $127 million to $195 million, between 2013 and 2016, he said. Roughly half of Oregon’s wine is now sold outside its prime West Coast sales territory.

Social media references to Oregon wine are much more complimentary than references to the wine industry on average, Brager said. “The discussion of Oregon wine is massively positive.”

Higher-quality wine generally continues to see increasing sales compared to lower-end brands, said Christian Miller, proprietor of the Full Glass Research company.

“The core wine consumers are drinking more and better,” he said.

Oregon’s renowned Pinot noir is in the “sweet spot” to appeal to debt-ridden “millennials” and retirement-age “boomers” who are “frugal hedonists,” said McMillan.

In the future, though, Oregon wine producers shouldn’t count on tasting rooms to remain as effective in selling their products — particularly if they’re overly reliant on visitors from Portland, he said.

Though the trend has yet to hit Oregon, tasting room traffic is falling on other popular wine country destinations, such as California’s Napa and Sonoma counties, McMillan said.

“Oregon is the outlier, which is good for now,” he said.

Even so, the tasting room is a “choke point” in terms of reaching consumers, so wineries should become more effective national marketers, he said.

Wineries should move past “wine clubs” to attract customers by improving their e-commerce capability and digital marketing, as well as focusing on tourism, McMillan said.

“A national brand needs to have a national presence,” he said.

1. In our “Notice to the Public” the Friends said “checks made out to the Langlois Public Library itself are not tax deductible. We were not aware until recently that such donations ARE now deductible on both State and Federal…

The 15-year-old boy charged with igniting the Eagle Creek Fire pleaded guilty last Friday morning. 

The teenager — described by his defense attorney as a respectful, polite violin player from a tight-knit, loving family — underwent the juvenile equivalent of pleading guilty to 12 charges, including two counts of burning on forest land, eight counts of reckless burning, one count of criminal mischief and one count of reckless endangerment.

Judge John Olson sentenced the teenager to five years of probation. He will also be required to complete 1,920 hours of community service, which will be facilitated by the U.S. Forest Service.

“In my perspective, the law was applied here as it should,” said Jack Morris, the boy’s defense attorney. “I want you to know that the state has not done him any favors.”

Morris said his client has been given another chance.

“That’s what the law here provided my client,” Morris told the courtroom. “You’ve been given a second chance; earn it. [And] I can guarantee you that’s what my client will do.”

In a statement read before the courtroom, the teen apologized.

“Every day, I think about this terrible decision and its awful consequences,” he said. “Every time I hear people talk about the fire, I put myself down. I know I will have to live with my bad decision for the rest of my life, but I have learned from this experience and will work hard to help rebuild the community in any way I can.”

Friday’s hearing was the first public proceeding related to the fire that affected nearly 49,000 acres of the Columbia River Gorge. The Hood River County Courthouse was open to media, members of the public and residents in nearby communities who were evacuated as a result of the blaze that first began Sept. 2.

Victims of the fire sat in the mustard-colored former church pews in Courtroom 1 of the courthouse. Behind the teenage boy were his parents, who were wearing headsets as a Russian interpreter translated the proceedings into a microphone nearby. The parents wiped away tears as the teen issued his apology.

In October, the Hood River County District Attorney’s Office charged the suspect from Vancouver, Washington, as a juvenile.

At the time of the fire, witnesses described a child lobbing a firecracker down a canyon before the area erupted in smoke and flames, and trapped a group of hikers overnight.

At the hearing, Hood River County District Attorney John Sewell said there wasn’t sufficient evidence to press felony arson charges, which would have required investigators to prove the teenager intended to start the fire.

Sewell added there wasn’t evidence to prosecute the group of teenagers accompanying the 15-year-old boy. Sewell said the boy, his parents and the group of teenagers voluntarily submitted their interviews to investigators.

Representatives of the U.S. Forest Service, the Oregon Department of Transportation and Oregon State Parks gave statements before the judge, describing millions of dollars in damage.

“A lot of people spent a lot of restless nights wondering if they would have a home to go back to,” said Kent Kalsch with the Oregon Department of Transportation.

As part of his sentencing, the teenager is not allowed on Columbia River Gorge National Scenic Area property, except during community service. He must also write apology letters to the community of Cascade Locks and the 150 hikers stranded in the Gorge the night the fire erupted, among others. The letters will be sent to local newspapers for publishing.

The teen and his family are still on the hook for restitution fees for injuries or loss as a result of the fire. The restitution hearing is scheduled for May 17. 

Juvenile court records are protected from public release by state confidentiality laws, except under unusual circumstances. Little was known about the case and teenage suspect until the hearing. A legal assistant with the defense team said there was secrecy even within the firm because of the high-profile nature of the case. 

After the fire, many people used social media to post threats of violence against the suspect. Sewell decided not to release the juvenile’s name in October.

“When you’re dealing with reckless behavior — a 15-year-old engaging in reckless behavior — probation is not the expected response or disposition, but certainly is very normal,” said Gary Bertoni, an attorney of criminal juvenile law who has worked in the juvenile court system for 40 years.

“Community safety plays a significant component in the juvenile system and philosophy right now, but rehabilitation of the youth in delinquency cases remains a focal point,” Bertoni said. “You’re weighing risk to community, rehabilitation options, how the youth responds to rehabilitation options.”

He said all of those factors can play into a sentencing, as well as one other key factor: remorse.

“I suspect his acceptance of responsibility from the get-go was a factor,” Bertoni said.

PORTLAND, Ore. (AP) — Light snow began falling before the morning commute in the Portland metropolitan area, a preview of the heavier precipitation that’s expected during the drive home from work and into the evening.

The National Weather Service says a winter storm warning is in effect from the Portland metro area north into Southwest Washington, with potential snow accumulations of 3 to 8 inches.

Snow is also projected to fall in Salem, Corvallis and other parts of Oregon, with the weather service warning that the Interstate 5 passes between Roseburg and Grants Pass could be treacherous.

Those who must drive are advised to slow down, carry tire chains and wear warm clothes.

Portland Community College canceled classes Tuesday and some school districts did the same.

I agree with The Oregonian editorial (2/15/18), "Audit outlines child welfare problems." I've researched federal DHS audits of this agency since 2001, and found that not much has changed. Improvement plans are ordered, directors get replaced, and the same broken…

The Third Annual Mid-Valley Winter Ag Fest returns to the Polk County Fairgrounds and Event Center in Rickreall, Ore., this weekend.

The slate of family friendly events begins at 9 a.m. Saturday, Feb. 24, when the fairgrounds and the Polk Heritage Museum open to the public, and continues through Sunday, Feb. 25, according to a press release from the organizers.

The weekend event will be preceded at 8 a.m. Thursday, Feb. 22, with a free CORE pesticide training for applicators presented by Oregon State University Extension and Polk County Farm Bureau in Building B. Breakfast is included.

A “Grower to Grazier Connections” workshop will be presented at 5-7 p.m. Thursday, Feb. 22, by the Polk County Soil and Water Conservation District. Livestock and horse owners will learn about the many grass, legume and other kinds of seed available for high quality forage production. RSVP to Claudia.Ingham@PolkSWCD.com or 503-623-9680 ext. 101 to reserve a light dinner.

At 3 p.m. Friday, Feb. 23, a special screening of the “Food Evolution” movie will be presented by Polk County Women for Agriculture with refreshments provided.

Weekend workshops include:

2 p.m.: “Living with Your Well Water.” Main Building Seminar Area. Free of charge with a $5 adult admission to Ag Fest. Host: Polk SWCD. Bring a cup of your well or domestic drinking water for confidential nitrate sampling.

3-4 p.m.: “Streamside Restoration on Your Farm.” Main Building Seminar Area. Free of charge w/$5 adult admission to Ag Fest. Host: Polk and Yamhill Soil and Water Conservation District. Tips for success and funding opportunities.

11 a.m.-1 p.m.: “Farm Succession Planning Workshop.” Main Building Seminar Area. Free of charge with a $5 adult admission to Ag Fest. Hosts: Rogue Farm Corps (Nellie McAdams), Schwabe Williamson (Joe Hobson), Greenbelt Land Trust (Claire Feigner) and two local farmers.

2 p.m.: “Living with Your Septic System.” Main Building Seminar Area. Free of charge with a $5 adult admission to Ag Fest. Host: Chrissy Lucas of OSU Extension. Bring a cup of your well or domestic drinking water for confidential nitrate sampling.

3-4 p.m.: Streamside Restoration on Your Farm. Main Building Seminar Area. Host: Yamhill Soil and Water Conservation District, Marc Bell and Josh Togstad.

Family attractions at Winter Ag Fest include an expanded 4-H petting zoo, a new balloon installation by Joy Entertainers, a “G” train display and a working sawmill; demonstrations all weekend long by the 4-H horse club; roping demonstrations by the Oregon Cattlemen’s Association; Dutch oven cooking; and free face painting.

Local 4-H clubs will also offer fun contests in Building B during the weekend.

Early spring plants and advice will also be available from the OSU master gardeners.

For additional information go to mvwagfest.com.

Weekend hours are 9 a.m.-4 p.m. Saturday, Feb. 24, and 10 a.m.-4 p.m. Sunday, Feb. 25.

Adult admission is $5. Children 18 and under are free.

BOISE, Idaho (AP) — The invasive quagga and zebra mussels have a $100,000 bounty on their “heads.”

The U.S. government is offering the six-figure prize for the best suggestion on how to stop their relentless and destructive spread because scientists say they are stumped.

“We might as well give it a try,” said Sherri Pucherelli, a biologist with the U.S. Bureau of Reclamation. “Open water. That’s really where the challenge is. Nothing has been developed right now that causes complete eradication in a large water body.”

The filter-feeders that syphon in water to pluck out microscopic organisms can throw food chains out of balance, and their sheer numbers in attaching to surfaces can clog pipes at reservoirs and damage boat motors. Giant water bodies turning aquamarine blue is a sign that the base of the food chain is being depleted, risking starvation for other species, including sport fish.

Quagga mussels approach an inch in length while zebra mussels can be about twice that size. The species are native to Russia and Ukraine, and are believed to have arrived in the U.S. in the 1980s aboard ships that released ballast water into the Great Lakes.

They attach to boats and trailers and travel long distances, and their microscopic larvae can survive in water inside a boat or even an angler’s wading boots. Also, the mussels can sense toxins and close their shells.

The Bureau of Reclamation first started dealing with the mussels after discovering them in 2007 in Lake Mead in southeastern Nevada and northwestern Arizona. They’ve multiplied so fast that scientists now estimate the entire volume of the lake is filtered by the mussels every five days.

Federal officials say the only area not yet invaded in the contiguous United States is the Columbia River Basin in the Pacific Northwest. The basin is heavily used for hydroelectric power, and officials estimate it will cost $500 million annually to prevent the mussels from clogging pipes and infrastructure.

The environmental damage to the food chain could further strain struggling runs of salmon and steelhead in the basin where more than a dozen species are listed under the Endangered Species Act.

The mussels are getting close to the basin. Sampling last fall found larvae of quagga or zebra mussels at Tiber Reservoir in north-central Montana. It was the first positive test in the state.

Federal and state agencies have mostly tried to contain the spread of mussels, typically with boat inspections. The goal of the prize competition is eradicate mussels in large water bodies. The deadline for ideas is Feb. 28.

Specifically, federal scientists are seeking a solution that kills 100 percent of the mussels in large water bodies, is cost-effective and environmentally sound. That means native species must survive whatever kills the invasive mussels.

“We can kill mussels,” said David Raff, science adviser at the Bureau of Reclamation. “Chlorine is very effective. But you can’t dump chlorine into a reservoir.”

The bureau has been experimenting with ultraviolet light and substances that prevent the mussels from adhering to pipes and other infrastructure. Mussel infestations could increase costs that would have to be passed on to consumers. The agency has 53 hydroelectric projects supplying energy and delivers water to 31 million people each year. Also, with partners, it manages nearly 300 recreation sites.

The mussels “are a huge problem currently and it has the potential to be a much bigger problem,” Raff said.

That threat prompted the governors of 19 western states in November to send a letter urging Interior Secretary Ryan Zinke to put in controls by spring to prevent the mussels, including mandatory inspections and decontamination of boats leaving infected water bodies.

Denise Hosler, a biologist with the Bureau of Reclamation who has been fighting the mussels since 2006, said boat inspections have had some success stemming the spread, even though it may only be temporary.

“But there is such a heroic effort being advanced at this point that, hopefully, we’ll have success,” she said.

ROSEBURG, Ore. — The mild winter in Western Oregon has produced plenty of green pasture forage for livestock, but some elk herds are also loving it.

The elk rest and relax during the day in nearby forested area and then dine on the green grass during the night.

Many of the ranchers who own those pastures and the livestock are not too pleased with the wildlife intrusion.

“They’re robbing feed that is intended for livestock,” said Veril Nelson of elk. Nelson is the owner of a red Angus operation east of Sutherlin, Ore. His pastures have had many nightly visits from a herd of 50 to 60 elk over the past couple of months.

“One of those mature elk weighs as much as a yearling cow, 600 to 700 pounds,” the rancher said. “They certainly eat as much as a yearling beef animal. They hide in the timber during the day to rest and ruminate, then they’re back out at night, eating enough for a 24-hour meal.”

Tim Miller of Siletz, Ore., runs cattle on five properties. He said he has elk issues at four of those locations.

“If I can’t keep the elk out, I’m a month later getting the cattle onto those pastures,” he said.

Miller is working to keep the elk out. He has built 6-foot electric New Zealand fence around two of the pastures and is in the process of fencing a third property. He has also obtained a hazing permit. Those permits allow ranchers to run or scare off wildlife with vehicles or shotgun blasts.

Craig Herman, a rancher in the Bandon, Ore., area, is chairman of the Oregon Cattlemen’s Association’s Private Lands Committee. He said there has been “a lot of frustration” with elk herds on private property. He explained in addition to losing pasture forage, fence damage caused by elk is also a major issue and expense for ranchers.

“One woman in the Newport (Oregon) area is getting out of the cattle business because she can’t keep her fences up due to the elk,” Herman said. “When elk are spooked, they’ll go right through a fence, and then you have the problem of your own cattle getting out.”

Tod Lum, a big game wildlife biologist in the Oregon Department of Fish and Wildlife office in Roseburg, said complaints about elk this winter have been about the same as in the past. He understands the situation ranchers who are trying to turn a profit with their cattle face.

“It’s very attractive for an elk to look at a neon green field and be attracted to it, especially if they’re living in the timber. When they graze on a field all night, the rancher has a valid damage complaint.”

Lum said property owners with at least 40 acres can obtain landowner preference tags to take an antlerless elk and to hopefully discourage the rest of the herd from returning. Additional antlerless elk tags can be obtained by hunters who are approved by the landowner and the biologist.

“That’s a win-win for the hunter and the landowner,” Lum said.

The biologist added a hazing permit is also an option. It allows a landowner to lawfully harass the wildlife, but he said that process has to start early before visiting a field because too much of a habit for elk.

The ranchers and the biologists admit filling the LOP and hunter tags are not easy pasture shoots because after being harassed once or twice, the elk sense daylight and have a tendency to leave the pastures as darkness is fading.

Herman would like to see ranchers compensated for forage and fence damage by the state, but knows that reimbursement is probably not available.

“We have meetings with ODFW and they’re polite and listen,” Herman said. “I appreciate what ODFW is dealing with, but I don’t think those folks appreciate what landowners are dealing with. Forage loss and fence damage are major issues. ODFW needs to manage the wildlife populations better, maybe have longer hunting seasons.”

In eastern Oregon, the mild winter is resulting in less wildlife damage since fewer deer and elk are being driven by bad weather down to the valley pastures and hay barns. Eddie Miguez, who supervises wildlife feed sites in Baker, Union and Wallowa counties, said 10 Elkhorn Range sites managed by the state had about 1,100 animals in early January compared to 2,000 head a year ago during a severe winter.

The feed sites are along traditional migratory routes and are intended to intercept and stop the animals before they reach private ranches.

Justin Primus, assistant wildlife biologist in ODFW’s Baker City office, said his district has had “virtually no elk damage.

“But this has been our mildest winter since 2008,” he added.

Leonard Erickson, the district wildlife biologist for Union County, agreed that wildlife numbers in the valleys and any resulting damage are down this winter compared to a year ago.

Nelson said wildlife officials and forestry representatives need to work together to create more forage in the forest for wildlife. He said that would involve some logging, some prescribed burning and replanting.

“In the old growth forest, there is no forage, nothing to eat, so those animals come down to the pastures,” the rancher said. “We tend to manage for one species, whether threatened or endangered, and that results in managing against all other species.”

Nelson said about 1½ miles east of his ranch, another herd of 50 to 60 elk have been regular visitors to the pastures of another ranch.

“The bottom line is we have to have feed in the mountains,” he added. “Fifteen years ago there were no elk on my place and now we’ve got up to 60 because the forest is not being managed for multiple use.”

SALEM — Bills impacting hemp, wolves and carbon have won approval from a key Oregon legislative committee but may get a tougher reception from lawmakers who control spending.

The House Agriculture Committee voted in favor of three bills on Feb. 15:

• House Bill 4089, which fixes language in Oregon’s hemp laws to comply with federal requirements permitting research into the crop, which is otherwise considered a controlled substance.

• House Bill 4106, which ties Oregon’s wolf population to the amount of money available to ranchers for livestock depredation and prevention measures, such as range riders.

• House Bill 4109, which requires the Oregon Department of Forestry to study how to encourage the “sequestration” of carbon — for example, by managing forests to absorb and retain the element — as an alternative to penalties for carbon emissions.

Though the committee approved the proposals with a “do pass” recommendation, they must first clear the Joint Ways and Means Committee, which makes budget decisions, before a vote on the House floor.

Bills before the Ways and Means Committee have the advantage of avoiding legislative deadlines that are particularly rushed during this year’s short session.

However, many bills that are referred to the joint committee simply languish until they’re killed by the adjournment of the legislative session — a fate to which the hemp bill succumbed last year.

The carbon sequestration proposal, HB 4109, originally required both the state’s Department of Forestry and the Department of Environmental Quality to conduct the study.

The bill was amended to eliminate DEQ from the requirement, which will reduce the fiscal impact. Even so, that agency would still be able to offer suggestions on the research.

While the bill refers to sequestration as an alternative to capping carbon emissions, which lawmakers are also contemplating, “it should be all of the above,” said Rep. Brian Clem, D-Salem.

In a national or global system for reducing carbon emissions, which are blamed for climate change, Oregon should be a “massive winner” because its forests act as “carbon sinks,” said Clem, the committee’s chair.

“We’re sinking carbon for the whole world here,” he said.

Bills to implement a carbon “cap-and-trade” system in Oregon, which is opposed by the agriculture and forestry industries, have also advanced recently.

On Feb. 14, two parallel proposals — House Bill 4001 and Senate Bill 1507 — were cleared by environment-related committees in the House and Senate. They must still pass muster in the Rules Committee of each chamber as well as the Joint Ways and Means Committee.

Under a cap-and-trade system, companies reduce carbon emissions to earn credits that can be sold to other firms that exceed an emissions limit.

While such a system could benefit farmers and foresters who use practices that sequester carbon, critics fear any gains would be more than offset by higher costs for fuel, fertilizer and energy.

ONTARIO, Ore. — A search committee is being formed to find a replacement for the retiring director of Oregon State University’s Malheur County agricultural experiment station.

Area farmers say it won’t be easy to replace Clint Shock, who has held the position since 1984 and helped the agricultural industry address some of its toughest issues over the decades.

“Clint, in my opinion, has done more for the agricultural community in Malheur County and adjoining areas than anybody has ever done in the past,” said Jerry Erstrom, a farmer and member of the local weed and watershed council boards. “I won’t say he can’t be replaced but it’s going to be tough. We’re going to really miss him.”

During his time as director of the research station, Shock has led research on onions, potatoes, sugar beets, alfalfa and poplars as well as water quality, erosion control, plant nutrition and the use of soil water sensors.

He helped pioneer the use of drip irrigation and developed improved methods to irrigate onions, conducted research that resolved local concerns about groundwater contamination from nitrates and herbicides, and developed methods to reduce the potato dark-end disease.

He also developed alternative crops for Treasure Valley farmers, which included new production methods for native wildflowers used in re-vegetation projects.

“Clint has been the cement of the industry at the experiment station for a long time,” said Malheur County Onion Growers President Paul Skeen. “Losing Clint is going to be a big deal.”

Skeen said one of Shock’s biggest accomplishments was research that addressed the agricultural water provisions in the Food and Drug Administration’s new produce safety rule. The research showed that the bulb onions grown in the area are not at risk of being contaminated by irrigation water containing even large amounts of bacteria.

That research led to FDA revamping the produce rule’s agricultural water standards in a way that benefits all produce growers in the nation affected by the rule, Skeen said.

Shock was honored by the region’s farming industry last week during the Idaho and Oregon onion associations’ annual joint meeting.

Shock told Capital Press that during his research career, he learned that rather than staying only within his area of expertise, it was more important to work on whatever issues the community needed to be addressed, even though that often meant getting far out of his comfort zone.

“Rather than stay within my training or what I’ve been prepared to do, I’ve tried to do what the community needed to do in agricultural science,” he said. “Every real problem with growers seems to be complex and laps off into different fields, so every one is an adventure.”

Shock also said he learned that any solution that has an economic benefit to it will get picked up by industry.

“That means that if you have some problem that you need to solve, if you can find some way that will provide an economic benefit to someone, then it will get adopted,” he said.

The U.S. Army Corps of Engineers will conduct routine annual inspections, preventive maintenance and repairs at all navigation locks on the Columbia and Snake rivers during March.

Walla Walla District dams with navigation locks include McNary Dam near Umatilla, Ore.; Ice Harbor Dam near Burbank, Wash.; Lower Monumental Dam near Kahlotus, Wash.; Little Goose Dam near Starbuck, Wash.; and Lower Granite Dam near Pomeroy, Wash.

The Portland District’s Bonneville, The Dalles and John Day navigation locks on the Columbia River.

All locks in the inland navigation system will close to recreational and commercial river traffic on at 6 a.m. March 3.

Lower Monumental, Ice Harbor, McNary and Bonneville locks are scheduled to reopen at 11:59 p.m. on Sunday, March 18.

Lower Granite, Little Goose, John Day and The Dalles are scheduled to return to service at 11:59 p.m. on March 25. The additional days at those dams are necessary to perform non-routine work which will require more time to complete than the typical two-week routine maintenance outage.

The non-routine work includes gate structural repairs, navigation lock concrete repair and equipment repair or replacement.

In the Walla Walla District, work activities may require the temporary suspension of vehicle crossings at Lower Monumental, Little Goose and Lower Granite dams on the lower Snake River in Washington to accommodate work activities during the navigation lock maintenance outage. The public will be notified about closures, if possible, in advance, but the crossing is still subject to closure at any time.

Travelers should call 1-888-DAM-INFO (1-888-326-4636) well in advance of arrival for the current dam-crossing information.

To meet a court-ordered deadline, environmental regulators are racing to update mercury pollution limits in Oregon’s Willamette River Basin that may affect agricultural erosion rules.

Mercury is a neurotoxin that’s naturally found in soils but is also emitted by fossil fuel combustion and industrial processes. In Oregon, mercury from coal-burning power plants thousands of miles away in China, deposited through rain and dust, is also a significant source.

Agricultural practices are implicated as a source of mercury pollution due to the erosion of soils containing the element.

Currently, there’s a “minimal” amount of awareness among Oregon farmers about the link between erosion and mercury pollution, said Eric Horning, a farmer near Corvallis.

“It’s not a common topic of conversation,” Horning said. “There’s going to have to be an education process.”

Mercury may soon become a more relevant subject for growers in the Willamette River Basin due to upcoming regulatory decisions.

Last year, a federal judge ordered the region’s water quality standard for mercury — known as a total maximum daily load, or TMDL — to be revised by April 2017 due to an environmental lawsuit that faulted how the limit was calculated.

Oregon’s Department of Environmental Quality has now pulled together a committee, which includes representatives of the agriculture and timber industries, to advise on the revision process.

The state agency’s TMDL for mercury, which it’s updating with new data, is overseen the U.S. Environmental Protection Agency to ensure compliance with the Clean Water Act.

The Oregon Farm Bureau is troubled by the lack of input that DEQ is accepting about its estimates for the amount of mercury that’s deposited in the Willamette Valley and released into waterways.

Agriculture and other industries aren’t being given enough opportunity to review and weigh in on the agency’s assumptions about mercury sources, said Mary Anne Cooper, the organization’s public policy counsel and an advisory committee member.

Farmland is a major land use in the region, so it’s likely to be considered a “big player” in controlling mercury pollution, she said.

“I think this is probably going to be one of the most meaningful TMDLs for agriculture, certainly in recent memory or even ever,” Cooper said.

During a Feb. 15 meeting in Portland, DEQ officials told committee members their primary role was advising on how the TMDL will be implemented to reduce mercury levels.

The technical work of calculating the TMDL will mostly be decided by the DEQ and EPA due to time constraints, though the public will be able to comment on their findings, officials said.

However, assumptions about the sources of mercury are closely linked to the implementation of controls, since both involve crop types and farm practices, said Cooper.

Since sedimentation from farmland will likely be considered a significant source of mercury, the “fix” may involve a DEQ directive on managing soil erosion, she said.

Agricultural water quality regulations are overseen by the Oregon Department of Agriculture, but the concern is that DEQ may provide that agency with prescriptive instructions to reduce mercury pollution, Cooper said.

Such a directive could be burdensome for farmers and discourage innovation in erosion control, she said.

However, the ODA cannot realistically become much more drastic about controlling sediment, which is already a major focus of its agricultural water quality program, said Paul Measles, an agency hydrologist and committee member.

“The staff we have and the amount of places we can look at any one time isn’t going to change,” he said.

Erosion control in the region could be improved, but farmers are constrained by regulations in what they can do to reduce streamside sedimentation, said Horning, who is also a committee member.

Work to reduce bank erosion can be quickly performed with a front-end loader but generally requires cumbersome permitting from state and federal agencies, Horning said.

“It’s frowned upon and it shouldn’t be,” he said. “It should be embraced.”

JOSEPH, Ore. — A conditional use permitted on Wallowa County ranchland this winter would allow two cattle producers to offset their power costs with energy generated on their shared irrigation pipeline.

The Triple Creek Ranch sprawls across the upper Wallowa Valley north of Wallowa Lake, abutting the Schaafsma Ranch. Ditch water diverted from a nearby creek runs through a pipe and irrigates pasture on both ranches. If the project is built, excess pressure from the pipeline will generate energy sent to the power grid via power lines less than 20 feet from the generator.

Kyle Petrocine of Wallowa Resources, the local organization coordinating the project, said there are operational benefits to both ranches.

“The ranches will share the net metering credit generated and have lower operational costs due to lower power costs,” Petrocine said.

Ranch owner Lori Schaafsma said if the project goes through, power will only be generated during the irrigation season. She said the energy credits earned through power generation can only be used by the partnering ranches.

The cost saving could be considerable. While Schaafsma said their power bill runs about $3,000 a year, Scott Shear, manager of the Triple Creek Ranch, said his ranch spends roughly $20,000 on electricity annually.

The cost savings are high, but so is the initial outlay for permitting, siting and construction.

Schaafsma said she and her husband, Tom, have long been interested in harnessing power off of their irrigation pipeline, but need grant funding to pay for installation.

“We had always talked about it, but when we were told how much it would cost it was way more than we could afford,” Schaafsma said.

Funding for hydro projects, Petrocine said, is always a hold up

“Hydro is still fairly expensive, even for small-scale projects,” Petrocine said.

To help pay for the project Petrocine said he is applying for grants this spring and targeting fall of this year for installation.

The proposed power plant on the upper Wallowa Valley ranches will be the third hydro project Wallowa Resources has fostered; the first two were installed on a ranch in the mid-Wallowa River Valley between Lostine and Wallowa on the Spaur Ranch in 2010 and 2016. Now that Wallowa Resources has made hydro a priority, Petrocine said he anticipates overseeing two projects a year. From concept to installation, each project takes about two years. Permitting alone takes about six months, including the conditional use permit granted by Wallowa County Jan. 30.

“Now that we have our ducks in a row things will be accelerating,” Petrocine.

Energy Trust of Oregon has funded feasibility studies for these Wallowa County projects, including a few that didn’t pencil out.

A large chunk of funding for a $219,000 project at the head of Wallowa Lake was received through a Pacific Power’s Blue Sky Grant — a fund supported through ratepayers who dedicate a portion of their bill to renewable energy development. County Commissioner Susan Roberts said Pacific Power granted $60,000 for the installation of a power plant that will generate around 150 kilowatts a year, saving the project’s owner, the Wallowa Lake Service District, a municipal water and sewer entity managed by Wallowa County, about $15,000 a year in energy costs.

The log cabin style pump house will be in Wallowa Lake State Park’s campground, Petrocine said, and will have an interpretive sign explaining how a spring on the mountainside powers the turbine.

Construction on the hydroelectric plant at Wallowa Lake State Park will begin in October or November, after the tourist season, Petrocine said.

SACRAMENTO, Calif. (AP) — California officials are warning people not to eat the Mexican cactus known as nopales sold at certain stores over concerns they may be tainted with unapproved pesticides.

The Department of Public Health said Wednesday that routine samples last month found contaminated nopal cactus pads at six markets and distribution centers across the state.

Products packaged under the names Mexpogroup Fresh Produce, Aramburo or Los Tres Huastecos should be thrown away. Officials say most tainted nopales have been removed from store shelves and destroyed. But it is possible that some may have been sold to other retail locations in California, Nevada and Oregon.

No illnesses have been reported. Officials warn the pesticides can potentially cause poisoning, neurotoxicity and permanent nerve damage.