OPINION: Gorge Protection

By The Columbian, Vancouver, Wash.

Feb. 10–Oregon court’s ruling is the right call Last October, a legal challenge to the Columbia River Gorge National Scenic Area Act was characterized this way by Newwest.net, an electronic newspaper that covers the culture, economy, politics and environment of the Rocky Mountain West: ?At issue (is) the future of the ? land use rules that have kept ambitious land owners from turning the Oregon side of the river into a vast entertainment and housing development.? This week, the Oregon Court of Appeals ruled against the effort to torpedo the 1986 federal law and in favor of preserving this scenic wonder. It was the right decision. To have ruled otherwise would have negated the 1986 act, which President Ronald Reagan signed, and would have opened floodgates for development on the Oregon side, with those county governments potentially aiding and abetting the desecration. In essence, the two land owners and Hood River and Wasco counties argued that the bi-state Columbia Gorge Commission established under the federal act is an arm of the state of Oregon. As such, they argued, its rules are subject to Measure 37, approved by Oregon voters in November 2004, which is undermining land-use regulations across that state. The court decision (visit publications.ojd.state.or.us, then enter ?A129652? in the appellate court opinions box, click on Google search, then on ?Oregon Judicial Department Appellate Court Opinions,? scroll down to ?Advance Sheets 2007 #5,? and click on ?A129652?) says the defendants? view of the act ?is artificially and implausibly crabbed; that view cannot be reconciled with the federal Act?s comprehensive design and operation.? The ruling wasn?t vague about the status of the 1986 federal law to protect the gorge: ?Finally, and emphatically, the Scenic Area Act provides for a degree of federal oversight that belies defendants? assertion that the county ordinances in question are not ?required to comply with federal law.???? Some day, we hope, attempts from both sides of the river to undermine the gorge act will all be in the rear-view mirror.

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Copyright (c) 2007, The Columbian, Vancouver, Wash.

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