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Trump Signs Along I-76

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November 4, 2020 Lost Creek Guide Page 13

National Pork Board

U.S. Supreme Court upholds Indiana’s Public Notice

Right to Farm Act Public Notice is hereby given pursuant to §42-20-302 (4), Colorado Revised Statutes (CRS), that a petition has been filed with the Colorado State Patrol to reinstate Indiana Court of Appeals ruling that the plaintiffs’ the “petroleum exemption” and to institute the “crude oil exemption” on the following nuisance and trespass claims are barred by the RTFA stands as final decision. public roadway: Weld County Road 49, between US-34 and I-76 A petition has been filed with the Colorado State Patrol by the Weld County Board of

Oct 05, 2020The U.S. Supreme Court denied the plaintiffs’ petition for Certiorari in the County Commissioners that would allow for commercial motor vehicles transporting Himsel v. Himsel case upholding the protections from nuisance claims afforded by Indi- gasoline, diesel, liquefied petroleum gas and crude oil in quantities requiring a placard ana’s Right to Farm Act. Today’s decision means that the April 22, 2019, Indiana Court of on the designated route. The petition has been filed in accordance with §42-20-302, Appeals Judgment stands as the final decision in this matter. CRS. The petition may affect Weld County and the communities of Kersey and Hud-

“As painful and expensive as this five-year litigation has been for the Himsel defendants son. and Co-Alliance, the case has ultimately strengthened the Right to Farm Act protections for The Colorado State Patrol will hold Informal Public Conferences (IPCs) regarding Indiana farmers and the proposed designations. The purpose of the IPCs are to inform stakeholders of the provides an impor- petition and to gather feedback before the Colorado State Patrol renders a decision on tant agricultural legal the matter. Due to the current COVID-19 pandemic, the IPCs will be held virtually precedent for Right using the Zoom platform on the following dates: To Farm protections December 1, 2020 at 5:30PM across the country,” December 5, 2020 at 10:00AM says Elizabeth South, Those wishing to attend these virtual, IPCs must register via the Colorado State vice president and Patrol Hazardous Materials Section website at: general counsel of https://www.colorado.gov/pacific/csp/hazardous-materials Co-Alliance. Please then follow the posted link for purposes of registering. On July 17, the Individuals may also provide written comment via email to: john.hahn@state. Hoosier Environ- co.us or via U.S. Mail to: mental Council and Colorado State Patrol Hazardous Materials Section a Harvard Law School Clinic had filed the petition on behalf of plaintiffs Janet L. Him- C/O Captain John Hahn sel, Martin Richard Himsel, Robert J. Lannon and Susan M. Lannon, asking the U.S. Su- 15065 S. Golden Road preme Court to review the case against defendants 4/9 Livestock LLC, Co-Alliance, Samuel Golden, Colorado 80401 T. Himsel, Cory M. Himsel and Clinton S. Himsel. The question presented was whether All written comments must be received by no later 11:59PM on November 30, 2020. Indiana›s Right to Farm statute provides complete immunity for nuisance and trespass liability to an «industrial-scale hog facility» Clause of the Constitution? and in doing so, is that violating the Takings Noticia Publica

«On behalf of Co-Alliance, we are so pleased for Sam, Cory and Clint Himsel and their Por la presente se da Noticia Publica conforme a §42-20-302 (4), Estatutos Refamilies that this long battle has concluded in our favor,» says Kevin Still, president and visados de Colorado (CRS), que una petición ha sido solicitada a la Patrulla Estatal de CEO of Co-Alliance. «Throughout this difficult process the Himsel family farm has contin- Colorado para reintegrar la “Excepción Petrolera” y para instituir la “Excepción del ued the hard work of farming and raising livestock. However, this litigation has not come Petróleo Crudo” en la siguiente carretera publica: without costs both personal and financial for all of the defendants, and therefore Co-Alli- Carretera 49 del Condado de Weld, entre la US-34 y la I-76 ance will be pursuing a case for attorney›s fees against the plaintiffs who are represented by Una petición ha sido solicitada a la Patrulla Estatal de Colorado por la Junta de an attorney from Hoosier Environmental Council for this protracted litigation.» Comisionados del Condado de Weld que permitiría a los vehículos comerciales que

«I am glad the litigation has concluded, and am proud that Co-Alliance stood side-by- transportan gasolina, diésel, gas de petróleo licuado y petróleo crudo en cantidades side with its growers fighting for the preservation of rights for all farmers in Indiana,» que necesiten placa o cartel en las rutas designadas. La petición fue solicitada en acusays Dewey Bucher, vice president of Swine and Animal Nutrition for Co-Alliance. «This erdo con §42-20-302, CRS. La petición puede afectar el Condado de Weld y las comudecision not only strengthens livestock growers› protections, but ultimately also benefits nidades de Kersey y Hudson. row crop farmers as much of their Indiana grown grain is converted to feed for livestock.» La Patrulla Estatal de Colorado tendrá Conferencias Informales Publicas (IPCs) con

“Our family has lived with this stressful lawsuit since October 2015. We are relieved that respecto a las propuestas designadas. El propósito de las IPCs es para informar a los our farming way of life and multi-generational agricultural livelihood can continue unin- interesados de las propuestas y obtener retroalimentación antes de que la Patrulla Esterrupted and be passed on to my grandchildren,” says Sam Himsel, speaking on behalf tatal de Colorado tome una decisión con respecto a la petición. Debido a la pandemia of his entire family. “We hope the United States Supreme Court decision to not take this actual COVID-19, las IPCs se llevarán a cabo de forma virtual usando la plataforma case, helps farming rights for future generations of Hoosier farmers. We greatly appreciate Zoom en las siguientes fechas: all of the support that we have received from Co-Alliance, the agricultural community and Diciembre 1, 2020 a las 5:30 PM our lawyers who fought for us from Day 1 and who prevailed at the trial court, the Indiana Diciembre 5, 2020 a las 10:00AM Court of Appeals, the Indiana Supreme Court and now finally at the Unites State Supreme Los interesados en atender las IPCs virtuales tendrán que registrarse por medio de Court.” la Sección de Materiales Peligrosos de Patrulla Estatal de Colorado a la página web:

The plaintiffs first filed a lawsuit in 2015 alleging the farm diminished their quality of life https://www.colorado.gov/pacific/csp/hazardous-materials and reduced their property values. In April 2019, the Indiana Court of Appeals ruled that Por favor siga el enlace publicado para registrarse. the plaintiffs’ “nuisance and repackaged negligence and trespass claims are barred by the También se pueden enviar comentarios escritos por medio del email : john.hahn@ RTFA” and “the trial court properly granted summary judgment in favor of the defendants state.co.us o por correo postal a: on all claims.” Colorado State Patrol Hazardous Materials Section

Source: Co-Alliance, which is solely responsible for the information provided, and whol- C/O Captain John Hahn ly owns the information. Informa Business Media and all its subsidiaries are not respon- 15065 S. Golden Road sible for any of the content contained in this information asset. Golden, Colorado 80401

Colorado Department of Ag Grant de Noviembre del 2020.

Funding Available The Colorado Department of Agriculture is making about $1 million in grant funding New directional sign for connecting available for Colorado farmers, ranchers, food hubs and processors to support them in adjusting to the impact of the COVID-19 pandemic on the food supply chain. to I-76 on County Road 49

Colorado agricultural producers are eligible for grant awards up to $12,500. Farmers Last ten days or so there was a new sign put up on the west side of County Road 49 as markets, food hubs, processors, and other intermediaries that support producers are eli- you approach I-76 providing directional information. It came down after a few days and gible for up to $50,000. was replaced by a bigger, more conventional sign. The Lost Creek Guide is attempting to

The respond and rebuild grants will be administered by the independent Colorado Farm determine who put it up, CDOT, Weld County or the Town of Hudson. As of yet we have & Food Systems Response Team. To date, the fund has provided more than $370,000 to not been able to determine. Will keep you advised. producers and intermediaries across Colorado, focusing on the needs of small- and midsize growers, beginning farmers and ranchers, veteran farmers, farmers of color, LGBTQ+ farmers, and female farmers — producers who are often underserved by public programs and projected to bear the brunt of the crisis’s impact.

Applications are open through Monday, Nov. 9, 2020. Apply here. Todos los comentarios escritos deben recibirse no más tarde de las 11:59PM del 30

Smoke from the Cameron Peak fire seen from Boyd Lake. The fire burned aggressively Wednesday morning due to very high winds. (Courtesy of Inciweb)

The Cameron Peak fire that’s been burning west of Fort Collins and north of Estes Park for two months exploded Wednesday afternoon with high winds and dry conditions. It’s moved significantly closer to Fort Collins city limits.

The Larimer County Sheriff’s Office placed mandatory evacuation orders for at least five communities west of Fort Collins, including Lory State Park, Masonville and Redstone Canyon. Several other communities are under voluntary orders.

The fire has now burned more than 164,000 acres, making it the biggest fire in Colorado’s recorded history — after the record was set earlier this year by the Pine Gulch fire near Grand Junction.

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By Jeffrey Rodack A new border wall, stretching nearly 100 miles, is getting results in western Arizona.

The Washington Examiner noted that over the last three years, crews have constructed about 90 miles of border wall and nearly 40 miles more of a parallel, back-wall in the Yuma border patrol region.

“Two thousand, nine hundred drive-through vehicles came through Yuma sector alone in one year,” recalled Border Patrol’s head of the Yuma region Anthony Porvaznik. “We caught maybe one out of 10 of those, if that. So, we have no idea what got away at that point because there was no fence.” Porvaznik pointed out one incident in which eight buses drove up to the Mexican side of the border, and hundreds of people got out. They then dug holes under a dune wall and headed into the U.S. The Border Patrol arrested 376 people, but they also discovered smugglers had found a

President Donald Trump shows a photo of the border wall upon arrival at the US Border Patrol station in Yuma, Arizona, June way to dig holes in the sand — a seemingly 23, 2020. (Saul Loeb/Getty Images) impossible task. But he noted that has changed with construction of the new wall.

Porvaznik said that this year, vehicle-smugglers were caught in his region attempting to move 10 Chinese citizens, 30,000 fentanyl pills, and 350 pounds of methamphetamine into the U.S.

The new wall is made up of six-inch square posts filled with concrete. A four-inch gap was left between each post to allow agents to see through the fence.

“We›re much better positioned right now to deal with that traffic when they do come than we have been in the past,” he said.

Meanwhile, The Wall Street Journal reported that the administration is installing sections of border wall at a feverish pace to meet President Donald Trump›s goal of 450 miles of new barrier by the end of 2020.

Trump has long promised to build a border wall across nearly the entire border between the United States and Mexico.

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