A week after winning a legal challenge to her rejection of three forestry-related ballot initiatives filed by an environmental group, Oregon Secretary of State Bev Clarno approved three replacement initiatives that would prohibit most of the same practices.
Clarno’s said she rejected initiative petitions 35, 36 and 37 because they violated a provision in the Oregon Constitution that says individual measures can only deal with a single subject.
Environmental groups filed the three measures this year to tighten aerial herbicide spraying rules, increase forest stream buffers, prohibit logging in steep landslide-prone areas and prohibit conflicts of interest for state forestry board appointees.
The new versions deleted passages in the petitions that Clarno found had violated the single subject clause, getting rid of restrictions on conflicts of interest on the Board of Forestry and aerial spraying of herbicides near schools.
Clarno’s lack of process and explanation for the rejection led to the legal challenge by Oregon Wild, a political dustup with Attorney General Ellen Rosenblum, and accusations that Clarno and her deputy, Rich Vial, had rejected the initiatives on political grounds.
Meanwhile, Oregon Wild filed a new set of petitions -- 45, 46, and 47, dubbed the Oregon Forest Water Protections – without the language Clarno felt was problematic. Clarno approved the three new initiatives Thursday to move forward with signature gathering.
“The meat of what we’re trying to address is still in there, but it’s unfortunate that (some of these other provisions) won’t be included now,” said Steve Pedery, a spokesman for Oregon Wild.
Pedery contends Clarno and Vial were looking to delay the campaign and remove restrictions that would garner support among voters, such as restricting herbicide spraying near schools. “It was frustratingly political,” he said.
Clarno said she appreciated that “the chief petitioners of these initiatives amended their proposals to meet the constitutional requirements. Voters will now be able to read and decide for themselves on these issues.”
The proposed forestry restrictions are wildly unpopular among timber interests as they would restrict clearcutting on steep slopes and aerial herbicide spraying.
Three retired loggers backed by the timber industry have filed three of their own initiative petitions to counter what they say are “radical anti-forestry ballot initiatives being pursued by environmental extremists.”
Rosenblum refused to represent Clarno in the court challenge file by Oregon Wild. That forced Clarno to hire outside counsel. But last week, a Marion County judge sided with Clarno, saying she was right to reject the petitions.
The controversy is ongoing as Rosenblum feels that judge’s decision, if upheld, could profoundly disrupt the initiative process, opening up measures filed by voters and referred by the Legislature to legal challenge. The Legislative Counsel’s Office is expected to weigh in on the decision with its own letter Friday.