Ninth Circuit Upholds Dismissal of Commissioner West’s Claims
John West’s Brimstone Natural Resources' Claims Against Oregon Department of ForestryUpheld
By: John Oliver
Portland, Oregon – The Ninth Circuit Court of Appeals has affirmed the district court's dismissal of a lawsuit filed by Brimstone Natural Resources, Co. against the Oregon Department of Forestry (ODF) and multiple state officials and employees. The case, which involved allegations of constitutional violations related to the denial of a Plan for Alternate Practice (PFAP) permit, has drawn significant attention due to its implications for property rights and regulatory practices.
Brimstone Natural Resources, co-owned by John West and Robert Stumbo, sued the ODF and associated defendants under 42 U.S.C. § 1983. The lawsuit claimed constitutional violations stemming from the denial of Brimstone's PFAP permit application, which was necessary for gold mining activities on their property. Following multiple dismissals and amendments to the pleadings, the district court granted the defendants' motion for judgment on the pleadings.
right to appeal the decision through state administrative or judicial review processes. Brimstone's failure to challenge the denial through these channels led to the preclusion of their claims in federal court.
Even if the claims were not precluded, the Ninth Circuit found that they failed on their merits. Brimstone could not demonstrate a deprivation of a constitutionally protected property interest, as ODF has discretionary authority to grant PFAP permits. The equal-protection claim also failed because Brimstone did not sufficiently allege that it was intentionally treated differently from similarly situated applicants.
The district court also dismissed Brimstone's preemption, vagueness, and takings claims. Brimstone argued that the Oregon Forestry Practice Act (OFPA) was preempted by federal mining law, but the court found that the OFPA serves a clear environmental purpose and does not regulate or prohibit mining directly. The vagueness challenge failed because the OFPA clearly applied to Brimstone’s activities.
EDITOR’S NOTE By John Oliver
The Role of Sensationalism in Journalism: A Reader's Perspective
The Ninth Circuit reviewed de novo whether claim or issue preclusion applied, while the district court's decision to apply preclusion was reviewed for abuse of discretion. Under Oregon law, claim preclusion applies to administrative proceedings and prevents further litigation on any claim that could have been litigated initially.
Brimstone alleged procedural due process and equal protection violations, asserting that despite following ODF’s guidance, their PFAP application process was continually obstructed or altered. The district court found that Brimstone’s PFAP application was denied in March 2015 and that Brimstone was notified of its
Brimstone's Fifth Amendment takings claim was insufficient as it did not establish that the defendants directly appropriated their property or deprived them of all economic use of the land. The court noted that regulatory actions falling short of eliminating all economically beneficial use are evaluated under the Penn Central balancing test, which Brimstone did not adequately address.
The Ninth Circuit affirmed the district court's dismissal of Brimstone Natural Resources' lawsuit, upholding the application of claim preclusion and rejecting the procedural-due-process, equal-protection, preemption, vagueness, and takings claims. This decision underscores the importance of utilizing available administrative and judicial review processes before seeking federal court intervention in disputes over state regulatory actions.
Leaders and Followers: Looking at the Differences Between Those Who Lead and Those Who Follow
By: Alex Burk
In the fabric of society, the dynamic between leaders and followers is pivotal. Leadership is often romanticized, but understanding the distinction between those who lead and those who follow is essential. This distinction lies not merely in the positions they hold but in their characteristics, behaviors, and mindsets. Leadership transcends titles and roles. Strong leaders exhibit vision, resilience, and the ability to inspire. They see beyond the present, anticipate challenges, and create pathways to success. Effective leaders are characterized by their decisiveness and willingness to take risks. They are often driven by a clear sense of purpose and are adept at aligning their actions with their values and goals.
Moreover, leaders possess a unique ability to motivate others. They recognize and cultivate the strengths of their team
members, fostering an environment of trust and collaboration. This involves excellent communication skills and emotional intelligence, enabling them to connect with others on a deeper level and guide them towards a shared vision.
Followers, on the other hand, play an equally critical role in any organization or community. They are the implementers
who translate the leader's vision into reality. Effective followers are not passive; they are proactive, reliable, and often possess specialized skills. They understand the importance of their role and take ownership of their responsibilities.
Good followers are characterized by their ability to work collaboratively and
Recently, a reader reached out with a query that has sparked an important discussion within our editorial team. The reader questioned why our newspaper does not cover sensational topics such as celebrity stories about Taylor Swift, car accidents, or local domestic violence calls. This inquiry raises a broader issue about the role of sensationalism in journalism and why we, as a publication, have chosen to steer clear of such content.
Sensationalism in journalism refers to the use of exciting or shocking stories at the expense of accuracy, often to attract more readers or viewers. Stories about high-profile celebrities, graphic accidents, and intimate details of domestic disputes tend to grab immediate attention and evoke strong emotional reactions. This type of content can be highly effective for publications seeking to boost circulation numbers quickly or increase online traffic.
Our newspaper has made a conscious decision to focus on a different type of content. Our primary goal is to provide our readers with factual, in-depth, and meaningful news that impacts their lives and communities. We believe in delivering stories that inform, educate, and foster a deeper understanding of the issues at hand. This approach aligns with the values and interests of our demographic.
Our readership consists of individuals who prioritize substantive news over sensational content. They seek information that is relevant to their daily lives, community developments, and broader societal issues. While there is undoubtedly an audience for sensational journalism, it does not align with the needs and expectations of our readers. Our demographic values fact over fiction, depth over drama, and quality over quantity.
Journalistic integrity and responsibility are core tenets of our editorial approach. We strive to avoid contributing to the culture of
• see CHOOSING, page 3
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NEWS DESK
Embracing Forward Thinking in Business and Life
By: Ellen Ward
In an ever-evolving world, the ability to think ahead is not just a beneficial trait; it's a crucial survival skill. Forward thinking transcends the realm of business, weaving its way into the fabric of everyday life, shaping our decisions, and paving the path to a more fulfilling future.
In the business world, forward thinking is synonymous with innovation and growth. Companies that anticipate market trends, consumer behaviors, and technological advancements are the ones that stay ahead of the curve. These organizations don't merely react to changes; they proactively shape the future.
Take, for instance, the tech giants like Apple and Google. Their success stories are not just about exceptional products but about their foresight and ability to predict what consumers will need before they even realize it themselves. These companies invest heavily in research and development, understanding that today's innovation is tomorrow's market leader.
Forward-thinking businesses also cultivate a culture of adaptability. They encourage employees to challenge the status quo, fostering an environment where creativity thrives. This approach not only leads to groundbreaking ideas but also ensures that the company can pivot swiftly in response to unforeseen challenges.
While the concept of forward thinking is often highlighted
in business contexts, its significance in personal life cannot be overstated. At its core, forward thinking in life means planning for the future, setting goals, and being prepared for the unexpected.
Financial planning is a prime example. Those who think ahead understand the importance of saving for retirement, investing wisely, and having an emergency fund. These individuals are not merely living for the present; they are securing their future.
Health and wellness also benefit from a forward-thinking approach. Proactive individuals prioritize regular exercise, a balanced diet, and routine health check-ups. They understand that these habits, while perhaps requiring sacrifices today, pay dividends in the form of a longer, healthier life.
On a more personal level, forward thinking helps in building and maintaining relationships. By considering the longterm impact of our actions on loved ones, we make decisions that nurture and strengthen bonds. Whether it's through effective communication, empathy, or simply making time for family and friends, thinking ahead ensures that relationships remain robust and fulfilling.
The principles of forward thinking in business and life are not mutually exclusive; they often intersect. For instance, entrepreneurs who start a business not only consider the market trends but also how the venture will impact their personal
lives. They plan for work-life balance, ensuring that their entrepreneurial dreams do not come at the cost of personal relationships or health.
Similarly, professionals who excel in their careers often employ forward-thinking strategies that also enhance their personal lives. They seek continuous learning and skill development, understanding that these investments will open doors to future opportunities.
So, how can one cultivate a forward-thinking mindset? It starts with a shift in perspective. Embrace curiosity and always ask "what if?" scenarios. Set clear, achievable goals and devise a roadmap to reach them. Stay informed about industry trends and personal interests and be open to change and new ideas.
Moreover, reflection plays a crucial role. Regularly evaluate your progress and adjust your plans as necessary. This iterative process ensures that your forward-thinking strategies remain relevant and effective.
Forward thinking is a powerful tool that bridges the gap between the present and the future. Whether in business or personal life, the ability to anticipate and prepare for what's ahead can lead to innovation, growth, and fulfillment. By embracing a forward-thinking mindset, we equip ourselves to navigate the complexities of today's world and create a brighter tomorrow.
Choosing to Steer Clear of Sensationalism
sensationalism that can often lead to misinformation, unnecessary panic, or the trivialization of serious issues. By focusing on well-researched, balanced reporting, we aim to uphold the trust and credibility that we have built with our readers over the years.
There are numerous outlets that cater to the demand for sensational stories. These platforms thrive on delivering content that is designed to entertain and provoke. While such outlets have their place in the media ecosystem, our role is to offer an alternative—a source of reliable news that our readers can de-
pend on for accurate and thoughtful coverage.
While we understand the appeal of sensational stories and the curiosity they can generate, our commitment remains to our readers and the values we share. Our goal is to maintain the highest standards of journalism, focusing on stories that matter and contribute positively to public discourse. We appreciate the feedback and encourage continued dialogue about how we can best serve our community through responsible and impactful reporting.
Durkee Fire in Oregon Becomes Nation’s Largest Active Blaze
Source: ODF
Firefighters are currently battling the nation’s largest active wildfire, the Durkee Fire, which has rapidly expanded to over 240,000 acres. Located near the Oregon-Idaho border, the blaze poses a significant concern for both states.
Efforts to contain the fire are ongoing, with emergency crews working tirelessly to protect homes and prevent further spread. The challenging terrain and dry conditions have complicated firefighting operations, but crews remain dedicated to controlling the blaze.
Health
&
Wellness:
Authorities have issued evacuation orders for residents in the fire’s path, urging them to leave immediately to ensure their safety. The Federal Emergency Management Agency (FEMA) is providing support, and additional resources have been deployed to assist in the firefighting efforts.
The cause of the Durkee Fire is still under investigation. As the situation develops, residents are encouraged to stay informed through local news updates and follow instructions from emergency officials to ensure their safety.
Navigating Negative People in Society Today
By: Richard Thomason
In today's interconnected world, encountering negative individuals—whether in person or online—has become an almost unavoidable part of life. Social media, once a platform for connection and positivity, often seems flooded with drama, criticism, and derogatory remarks. This constant exposure to negativity can take a toll on one’s mental health and peace of mind. However, there are effective strategies and exercises that can help individuals navigate these challenging interactions and maintain their sanity.
Firstly, it's crucial to recognize that negative behavior often stems from a person's own struggles, insecurities, or dissatisfaction. Understanding this can foster empathy and help you not take their actions personally. Many negative individuals project their issues onto others as a coping mechanism. Keeping this in mind can be the first step in protecting your mental health.
One of the most effective ways to handle negativity is to limit your exposure to it. On social media, this can mean unfollowing or muting accounts that consistently post negative content. In personal interactions, it might involve setting boundaries with certain individuals. Reducing your exposure to negativity can significantly improve your mental well-being.
Mindfulness exercises, such as meditation or deep-breathing techniques, can help you stay grounded and maintain your composure in the face of negativity. Mindfulness encourages you to focus on the present moment and observe your thoughts and feelings without judgment.
This practice can help you respond to negative interactions calmly and thoughtfully, rather than reacting impulsively.
Surrounding yourself with positive, supportive people can buffer the impact of negative encounters. A strong support network provides a sense of belonging and reassurance. Engaging with friends, family, or support groups who uplift and encourage you can help counterbalance the negativity you might encounter elsewhere.
Resilience is the ability to bounce back from adversity and maintain your mental health despite challenges. Developing resilience involves cultivating a positive mindset, learning from difficult experiences, and staying focused on your long-term goals. Resilient individuals are less likely to be derailed by negative people and are better equipped to handle criticism constructively.
Self-care is essential in managing the stress that comes with dealing with negativity. Regular exercise, healthy eating, adequate sleep, and engaging in hobbies you enjoy can all contribute to a stronger sense of well-being. When you prioritize self-care, you're better prepared to handle negative interactions without letting them affect your peace of mind.
Responding to negativity with kindness can be a powerful way to defuse tension and protect your mental health. This doesn’t mean accepting unacceptable behavior, but rather choosing not to engage in a hostile manner. A kind response can sometimes disarm a negative person and change the tone of the interaction.
If the negativity you're experiencing is
overwhelming, seeking help from a mental health professional can be beneficial. Therapists can provide strategies tailored to your specific situation and help you develop coping mechanisms to deal with negative people effectively.
While it’s impossible to completely avoid negative individuals in today’s society, there are many strategies you can employ to navigate these interactions while preserving your mental health and peace of mind. By understanding the root causes of negativity, limiting your exposure, practicing mindfulness, building a support network, developing resilience, prioritizing self-care, responding with kindness, and seeking professional help when needed, you can effectively manage the impact of negativity in your life. Remember, maintaining your mental health and peace is a continuous process that requires effort and dedication, but the rewards are well worth it.
Those Who Lead and Those Who Follow
supportively. They provide valuable feedback, offer insights, and sometimes challenge their leaders' perspectives, ensuring that decisions are well-rounded and effective. Their loyalty and commitment are vital for the stability and progress of any endeavor.
Vision vs. Execution: Leaders are visionaries who chart the course, while followers excel in executing the plan. Leaders set goals and define strategies, whereas followers bring these strategies to fruition through diligent work.
Risk-Taking vs. Stability: Leaders often embrace risk and uncertainty, seeing them as opportunities for growth. Followers typically prefer stability and are risk-averse, providing a grounding influence that balances the leader's bold initiatives. Influence vs. Support: Leaders exert influence and inspire others to follow them. They possess a magnetic quality that attracts and motivates people. Followers, conversely, offer support and build on the leader's influence, creating a cohesive team dynamic.
Decision-Making vs. Implementation: Leaders make critical decisions, often under pressure and with limited information. Followers contribute to these decisions by providing essential data and insights, and they excel in implementing the decisions made.
Adaptability vs. Consistency: Leaders need to be highly adaptable, often changing their approaches as circumstances evolve. Followers provide consistency and reliability, ensuring that operations run smoothly and efficiently.
While the distinctions are clear, it is important to recognize that the qualities of leadership and followership are not mutually exclusive. In fact, the best leaders often exhibit strong followership skills, and effective followers can demonstrate leadership qualities within their roles. Leadership can be situational, with individuals stepping up as leaders in specific contexts while being followers in others.
Understanding the difference between leaders and followers helps in appreciating the value each brings to the table. Leaders and followers are interdependent, each playing a crucial role in achieving common goals. The symbiotic relationship between them underscores the importance of both vision and execution, risk-taking and stability, influence and support. Recognizing and nurturing these qualities can lead to more effective and harmonious teams, organizations, and societies.
COMMUNITY GRANTS PASS
Business Spotlight: FIELDS SEAL COAT Committed to Exceptional Asphalt and Excavation
By: Leaf Barret
In 2020, Fields Seal Coat was established with a clear mission: to provide exceptional services to our community. Drawing from our backgrounds in entrepreneurial families, we have built a company grounded in hard work and outstanding customer service, essential components we believe are key to success.
At Fields Seal Coat, we specialize in both residential and commercial asphalt maintenance services. We use the finest quality products to ensure the longevity and durability of our work, ultimately protecting your investment while enhancing your property value. Our commitment to quality and customer satisfaction is unwavering, and we take great pride in the services we offer.
Our team at Fields Seal Coat is dedicated to delivering exceptional service that we are proud to stand behind. From the initial consultation to the completion of the project, we guide our customers through every step of the process. We offer tailored solutions that meet the specific needs of each client, ensuring that the end result not only meets but exceeds expectations.
In addition to our asphalt maintenance services, we provide comprehensive excavation services. These include home development, demolitions, forestry mulching, and land management. Our expertise in these areas allows us to tackle a wide range of projects, ensuring that each one is completed efficiently and to the highest standard. We understand the importance of proper land management and are committed to offering solutions that are both effective and environmentally responsible.
One of the cornerstones of our business is transparency and accessibility. We offer free estimates for all our services, ensuring that our clients have a clear understanding of the scope and cost of their projects from the very beginning. This commitment to transparency helps build trust and ensures that there are no surprises along the way.
Our dedication to quality and customer service has earned us a reputation for excellence in the community. We are proud to be a trusted partner for our clients, helping them to maintain and enhance their properties. Whether it's asphalt maintenance or excavation services, our clients can count on Fields Seal Coat to deliver
exceptional results.
Our company website, Fields Seal Coat & Excavation, provides detailed information about our services and showcases some of our completed projects. For those interested in learning more or requesting a free estimate, we encourage you to visit our website or contact us directly at fieldssealcoat@gmail.com.
As we continue to grow and expand our services, we remain committed to the core values that have guided us since our founding. Hard work, exceptional customer service, and a dedication to quality will always be at the heart of Fields Seal Coat. We look forward to continuing to serve our community and to providing the high-quality services that our clients have come to expect.
Fields Seal Coat is more than just a service provider; we are a dedicated partner in maintaining and enhancing your property. Whether you need asphalt maintenance or excavation services, you can trust us to deliver outstanding results. Contact us today to see how we can help with your next project.
Coudy and Hot 102/67
YOUR RETIREMENT GUIDE TO YOUTHFUL LIVING Southern Oregon’s
SPECIAL ADVERTISING SECTION
Discover Quality, Affordable Care with Team Senior –100% Free Assistance for You!
ASSISTED LIVING AND CAREGIVING HAVE EVOLVED, but not always for the better. Many companies are profiting significantly while the quality of care often stagnates or declines. This is a growing concern as the demand for long-term care among older adults strains our economy, with working adults sacrificing time and money to care for loved ones.
In 2021, the average hourly rate for a caregiver was $25. Today, it has soared to over $45, with agencies struggling to retain employees. Caregivers, the heart of these services, often receive a small fraction of what clients pay, exacerbating the problem.
This situation also impacts the mental health of middle-aged adults who juggle the needs of their children, aging parents, and careers. It’s a challenging balance, but there is help available.
At Team Senior, we know how to find affordable, reliable care. Often, we can secure services at half the cost you might be paying, with significantly better quality. Let us share our expertise with you.
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While encouraging youth to become caregivers is important, we ensure they are matched appropriately to patients. Our goal is to provide the right caregiver for each individual, not just the available one.
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Even if you are not ready to make a move or hire a caregiver, we can help you explore your options. Don’t make decisions without proper guidance. Call us first. Let us share what’s really happening inside that beautiful assisted living facility that impressed you with a great meal. Sometimes, the reality behind the scenes is very different.
Quality caregivers and staff, supported by competent management and owners, are crucial. We know which companies can deliver on their promises and are happy to share that information with you.
Team Senior played a pivotal role in writing the original legislation in Oregon regulating the long-term care referral industry. We did this to protect you!
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