Last week a landmark climate case kicked off at the Federal Courthouse here in Eugene. For those that missed it, read about it here.

Now, meet the people who are actually bringing this law suit into being. While the twenty-one young plaintiffs in the federal climate case Juliana et al v United States are technically their own individual parties, this lawsuit is being supported by a larger group called Our Children’s Trust.

OCT is a group that funds legal actions for people and organizations all over the world. They have supported legal actions in all 50 states, including the similar 2012 climate case that was thrown out in the Washington, D.C. Circuit Court. They are also preparing to pursue cases in Pakistan this week and later in India.

Julia Olson, the executive director and the chief legal counsel of OCT, used to represent another group called Earth Justice. She decided to get involved with OCT when she had children and began to worry about what the future would look like for them.

“I realized that all my previous work would be for naught if I didn’t help to get involved with climate change,” said Olson.

Olson believes this federal case is the biggest civil rights case in the world right now and that the stakes for whether or not it will be dismissed are high.

“Our government has known that burning fossil fuels would make our planet unlivable,” Olson said, “and they continued to make it our primary energy source.”

Phillip Gregory is the other half of the lead counsel for this case and has a more than 35-year history practicing law. He is also the father of a recent UO graduate.

Gregory said that his decision to get involved with environmental law stems from a philosophy he has always tried to live by and impart on his own children.

“I would always tell my sons when we were camping to leave the campground in better shape than we found it,” Gregory said, “and like with Civil Rights cases of the last century, these law suits are the only way we have of leaving our planet in better shape than we found it.”

Olson said that some of the plaintiffs have been working with OCT for up to five years, and are in this for the long haul.

“We are going to push this as far as it will go, even if the case is dismissed in Oregon,” said Olson. “The plaintiffs are prepared to take this to the Supreme Court.”

Today, Oregon Governor Kate Brown signed into law a provision of SB 1511, which will allow dispensaries to sell marijuana edibles and extracts to recreational customers.

Under the current SB 1511, dispensaries are only able to sell edible and extract products to medicinal patients. Edibles and extracts were included in the original draft of the bill, but lawmakers decided there were too many safety concerns that needed to be assessed before they could include them in recreational sales.

Myron Brandwine manages Casper’s Cannabis Club, the recently opened marijuana dispensary near the University of Oregon. He said they are looking forward to selling these products to recreational customers.

“We already sell these products to medical patients,” Brandwine said. “But there is a lot of confusing the rhetoric that lawmakers are using about recreational sales. Everyone we talk to seems to have a different answer, so we are waiting until we get a clear go-ahead before selling to recreational customers.”

Brandwine was able to speak to what safety risks held lawmakers back from green-lighting edibles and extracts initially.

“It takes a lot of technical know-how to make THC extracts,” Brandwine said. “There is a risk of not properly filtering out all of the harmful chemicals as well as causing fire hazards. Not just anybody can make this stuff, so I’m sure part of their concern is the manufacturing.”

Edibles, while not as hazardous to make, still pose a unique challenge. According to Brandwine, edibles can be a lot stronger and less uniform in potency.

“Lots of recreational patients won’t want the same dosages that medical users take because they don’t need it,” Brandwine said. “This also brings the concern that not all edibles will have the same THC concentration or potency in all cases.”

The Oregon Health Authority still needs to draft clear rules for the manufacturing and distribution of edibles and extracts before dispensaries can begin selling them for recreational purposes.

At the end of the year, the Oregon Liquor Control Commission will assume authority over implementing these rules and overseeing the sale of recreational marijuana.

Follow Troy Shinn on Twitter @troydshinn

Climate activists gathered in front of the Federal District Courthouse in Eugene on March 9 to attend and support the hearing of a landmark environmental law suit. Twenty one young plaintiffs are suing the United States government and the Obama Administration for not fully acting to stop pollution from carbon emissions.

The case, Juliana et al v. United States, is being called the first of its kind. The plaintiffs, all under the age of 21, some even as young as elementary school age, allege that the U.S. government, knowing for decades about adverse effects of fossil fuels on the planet’s climate, did not do enough to protect future generations’ right to a clean and sustainable environment. This is the first case in history to bring a constitutional argument into environmental law claims.

Big oil and manufacturing companies have joined in on this case as intervening defendants under newly-formed trade associations, arguing with the government against the plaintiffs’ case.

Environmental scientists from all over are voicing their opinions, including University of Oregon Professor of Environmental Science Ronald Mitchell.

“The lawsuit makes a compelling legal case for why we should protect the climate,” said Mitchell. “It’s shifting from a, ‘What’s in my best interest?’ perspective to a, ‘What’s the right thing to do for future generations?’ perspective.”

The plaintiffs also say that burning carbon fuels violates the Public Trust Doctrine, a law which states that natural resources must be used in the public’s best interest. In Oregon and other states, this is the same kind of law that puts environmental regulations on businesses in order to prevent things like drought and deforestation.

Professor Mary Wood, who teaches environmental law at the University of Oregon, did a lot of her early work with public trust arguments like these.

Wood says that the constitutional claims are unique to this case, but a case a few years ago made similar public trust arguments. That case was brought before the district court in Washington D.C. and was dismissed before going to trial.

The defendants want this case dismissed as well, citing a Supreme Court decision that says that the public trust is a state issue and not up to federal courts. This is the same arguments that got the case in D.C. dismissed back in 2012.

Supporters of the law suit say that this is an incorrect reading of the SCOTUS decision, and that the judiciary should set a new precedent for how climate issues are handled.

“The defendants’ motion is saying that it isn’t the courts’ job to intervene in this kind of policy,” Wood said, “and this is exactly the point here. The plaintiffs are saying that the other branches of government should have done something a long time ago, now it’s up to the courts to force them to take action.”

If the case is dismissed, the plaintiffs can move into an appeals process to try and get the case reviewed at another level. If it goes to trial, it would be the first case of its kind to do so. Even if the Oregon case is thrown out, the plaintiffs have filed similar suits in all 50 states, so this legal argument will not be going away any time soon.

According to Wood, these claims are only gaining momentum.

“When you look at the stakes involved, there is no bigger case in the world,” Wood said. “This case affects everybody.”

Timeline of the Case
Aug 12, 2015: International Youth Day – Plaintiffs file law suit against Federal Government Agencies and the Office of the President of the United States.

Nov 12, 2015: Global oil companies and manufacturers file to oppose the law suit as intervenor defendants against the plaintiffs. Magistrate Judge Thomas Coffin granted them defendant status on Jan 14, 2016.

Nov 17, 2015: Defendants request that the court dismiss the case, citing a similar court case that was dismissed in 2012.

Jan 6, 2016: Plaintiffs file response to federal government’s request to dismiss the case.

Mar 9, 2016: Magistrate Judge Coffin heard oral arguments from the defendants on their motion to dismiss the case.

**See full article for details of what might happen next.**

Frances Cogan – known by colleagues and friends as “Francie” – long-time professor of English at the University of Oregon’s Robert D. Clark Honors College, passed away on Tuesday, March 8 at the age of 68. She taught in university classrooms for 35 years and was the CHC’s Professor Emerita of Literature.

“She was truly committed to the craft of teaching, did not suffer fools lightly, and demanded the best of her students,” said former Dean of the Clark Honors College David Frank. “A host of students can testify to her brilliance in the classroom.”

Aside from being the distinguished Professor Emerita, Cogan won all three of the major teaching awards awarded by the university, including the Ersted Award, which recognizes teachers’ work at the beginning of their careers.

Resoundingly, Cogan is remembered for the unique energy and personality she energized classrooms with.

“Funny, honest, forthright, courageous – no one could tell a better story,” said long-time colleague and friend Louise Bishop. “Francie Cogan had the fiercest devotion to her students.”

Bishop posted to social media about Cogan’s passing, and several past students have already responded, sharing memories and voicing their appreciation.

Cogan was a scholar both inside and outside of the classroom. Her particular focus was with 19th century and turn-of-the-20th-century literature and history. She published her first book, All American Girl, in 1989, a book about young women in the 19^th century. She published three others, including Captured, about American families in the Philippines interned in camps by the Japanese during World War II.

“Professor Cogan was a beloved teacher and colleague,” said Honors College Dean Terry Hunt in an email. “She deeply influenced literally thousands of lives. Her rebellious nature and generous spirit will be missed.”

A memorial service on the UO campus for Cogan will be held on April 2 from 2-4 pm in the Gerlinger Lounge. Arrangements are being taken care of by West Lawn Memorial Funeral Home and more information about her obituary and celebration of life can be found on its website.

The University of Oregon and the city of Eugene made headlines a few weeks ago when KEZI News reported that Barry’s Espresso and Bakery, the coffee shop and deli next to the UO campus, would be replaced by a cannabis shop called Casper’s. The story emphasized the outrage of loyal Barry’s customers and the growing petition to boycott the cannabis shop as a way to “save the bakery.”

The real story is a little less controversial.

It is true that an online petition to boycott Casper’s – started by UO student Hallie Frost – has gathered over a thousand signatures. But Frost said the intention of the petition was never to save Barry’s, but to voice frustration at its closing.

“Not only is Barry’s unique and beloved, but to replace it with yet another dispensary, even before legalization [of marijuana] in Oregon was ubiquitous, is a disservice to our community,” Frost said.

Barry’s owner, Barry Stiegel, said that he has known for the past two and a half years that the building manager would not be offering him a new lease once the current one expired this year. He has been prepared to close the campus location for some time.

“Look, I appreciate that people are sad to see us go,” said Stiegel, “but there really isn’t any controversy here. We will still be operating out of the other location.”

Barry’s’ other location is on Oak Street in south Eugene. That location was the original shop Stiegel opened 20 years ago. He opened the campus shop about 13 years ago.

Myron Brandwine, manager of Casper’s, said that he had always known Casper’s would be moving into the bigger space that Barry’s currently occupies, even before they opened up shop above Barry’s on Jan. 4.

“I’m Barry’s biggest customer; I eat there three times a day,” Brandwine said. “But boycotting us is like being angry at a new apartment tenant because you liked the old one more.”

Brandwine said he even signed the petition to boycott his store as a sign of good faith.

“I totally get why people are angry to see Barry’s go,” Brandwine said, “and to those people I say: commit to going to his other location.”

Brandwine says that the petition hasn’t affected his business much, but he has heard customers asking about the news story that broke earlier this month.

Sy’s Pizza, which is next door to Barry’s and Casper’s, owns the entire building. Sy’s management did not respond to requests for comment.

Barry’s is set to close its doors on May 27. Casper’s plans to be fully functioning at that location soon after.

Super Tuesday was last week, which aside from sounding like a day for buying discounted mattresses is actually a huge night for presidential hopefuls. Super Tuesday is the night when 11 states (and American Samoa for Democrats) vote for their party nominations.

“Super Tuesday is always important because more states hold primaries or caucus on this date than any other day in the presidential primary campaign,” said Dan Tichenor, a professor of political science at the University of Oregon.

Primaries and caucuses determine how many delegates from each state are awarded to each candidate. State delegates, which are mostly elected officials who support a candidate based on their districts’ votes, are distributed in different ways depending on the state and party. It wouldn’t be democracy if it weren’t a bit complicated, right? Keeping it simple, just know that each candidate is aiming to win the most delegates in each state.

“Because of the sheer number of delegates at stake, [Super Tuesday] can be decisive for frontrunners or a game-changer for challengers,” Tichenor said.

Donald Trump won seven states and a total of 247 delegates on Tuesday. His biggest wins were in powerhouse southern states like Alabama and Georgia. Trump went on to win 2 out of four of the Super Saturday primaries just a few days later.

Senator Ted Cruz won three states, the biggest of which was his home state, Texas, which earned him a massive 102 delegates. Added to the points he picked up in other states, this pushed Cruz close to Trump’s Super Tuesday total with 214 delegates, making it still possible for him to close the gap with Trump if he keeps winning in the next primaries, particularly states with a greater number of delegates — like Texas. Cruz capitalized on this momentum from Super Tuesday to pick up big wins in Kansas and Maine on Saturday.

Senator Marco Rubio won Minnesota, but didn’t pick up substantial points in other states and came out with less than half of Cruz’s delegate total. Ben Carson (who has since dropped out) and Gov. John Kasich each won a handful of delegates but no states.

Things were more straightforward on the Democratic side. Hillary Clinton had a big Tuesday night, winning 486 delegates and dominating the South, particularly Texas’ 138 delegates and Georgia’s 70. She now has a more than 600 delegate lead over Senator Bernie Sanders.

Sanders picked up a few states like Colorado and Minnesota on Tuesday, but didn’t put up enough big points to narrow the gap with Clinton, totaling 321 delegates once results were in. He did manage to pick up some wins later in the week during Super Saturday.

So what happens now that half the delegates in the country are accounted for?

“For the Republicans, the process is winner-take-all after March 15,” said Tichenor. “Democrats will continue with a more proportional distribution of delegates, which means it will be a longer slog to the nomination.”

Oregon’s primary elections will be May 17.

Justin Bieber rented out the Matthew Knight Arena all of last week to rehearse for upcoming tour dates in Seattle and Portland. According to a statement released to the Register-Guard by the University of Oregon, Bieber’s tour promoter — AEG Live Productions — paid $5,000 per day, plus whatever reimbursement fees were included for use of MKA staff and equipment.

Posts on social media indicate that Bieber stayed at the Inn at the Fifth while he stayed in Eugene to practice. Rumors circulated about sightings all over town, but none have been confirmed.

The Eugene Federal Courthouse will be the scene of a landmark legal proceeding tomorrow at 10 a.m. Twenty-one youth plaintiffs will be presenting their arguments for a case against the United States federal government for violating the constitutional rights of future generations by knowingly polluting the air with carbon emissions.

Timothy Ingalsbee, professor of Sociology and Environmental Studies, explained the plaintiffs’ position as well as why this case is significant.

“This case in one-of-a-kind,” said Ingalsbee, “Never before has there been a group that has sued the federal government along constitutional lines for knowingly polluting the environment.”

The plaintiffs will lay out their argument that the U.S government has known for about 50 years that carbon emissions from fossil fuels result in dangerous climate change. They hold that the government did not make meaningful strides to end climate pollution and actually furthered oil companies’ ability to pollute the environment.

Ingalsbee says that while there are no federal statutes regulating carbon emissions, the case pleads that the actions of the U.S. government violated the Public Trust Doctrine, which is an environmental law that ensures responsible use of the nation’s resources. It is this doctrine that the plaintiffs say endows this and futures generations with environmental constitutional rights.

“The case asserts that the federal government violated our Constitutional rights by polluting the air and damaging the climate,” said Ingalsbee.

Lawyers and representatives from all the major world oil companies are expected to be at the hearing to listen to the arguments. There will be a news conference with plaintiffs after the hearing.

Governor Kate Brown signed into law this afternoon the largest state minimum wage increase in the country. SB 1532 will raise the minimum wage in Oregon steadily over the next six years, starting this July with a 50-cent increase to $9.75 per hour. This minimum wage increase will have a great effect on college students, who make up a significant portion of Oregon’s minimum wage workforce – about half, according to the Oregon Department of Employment estimates from 2016.

The bill will create a tiered system, categorizing counties in Oregon by their geography. By 2022, the base wage will be $13.50 an hour, but higher within the Portland Metro Area at $14.75. In rural counties, the wage will be $12.50 an hour. Starting in 2023, the state will go back to the old method of adjustment, which bases increases off of the consumer price index.

Efforts to increase Oregon’s minimum wage have circulated for the past several years, but there was a big push this year by public universities and labor unions, which sponsored several wage hike initiatives for the ballot this November. Whether these initiatives will still be up for vote in light of the passing of this new bill is still unclear.

The Emerald will have more to come on the effect of the wage increase on students.

Minimum wage has been a hot-button topic for a while now. Bernie Sanders brings it up weekly on the presidential trail and the discussion has labored on in statehouses around the country, even here in Oregon. Currently, there are four statewide initiatives to raise the minimum wage, not including a plan announced by Governor Kate Brown earlier this year. The Oregon Senate responded by passing Senate Bill 1532 on Feb. 11, which passed in the House a week after.

The bill would steadily increase the state minimum wage to $13.50 over the next six years, through an established tiered system based on counties’ demographics. Within Portland’s urban growth boundary, the minimum wage would be $14.75. In more rural counties, the wage would be $12.50, in an effort to ease some of the financial strain on small businesses.

At the University of Oregon, service workers have negotiated via the Service Employees International Union for years to increase the contracted wage for university jobs. SEIU represents workers at all seven of the public universities in the state.

Theodora Thompson, president of the local chapter of the SEIU, is an admissions specialist at the UO. She came to Oregon from Singapore 20 years ago, leaving behind a universal healthcare system and broader labor rights, to pursue her education at the UO. Since graduating and becoming a university employee, she has been active with the union’s efforts to increase the minimum wage.

“People have to have a wage that allows them to have dignity in their work and self-sufficiency with their lives,” Thompson said.

According to a study by North Star Civic Foundation based on the 2014 Consumer Price Index, the current $9.25 minimum wage leaves almost half of working families that have one or more kids unable to meet living expenses – well over half for single parents.

Johnny Earl, a UO custodial coordinator and former vice president of the UO SEIU, was chief negotiator during the latest contract negotiations with the UO. Cost of living expenses are something that have been a part of that conversation for a while.

“We’ve been talking for a long time about how this issue wasn’t going away,” Earl said. “It’s not acceptable for people working for the government to have to rely on government services just to make ends meet. It’s not 30 years ago anymore. It’s expensive to live on the West Coast now.”

Earl said that the wage increase is a step in the right direction, but he would have preferred the $15 an hour figure that they have been pushing, which is the crux of the Local 503 SEIU’s statewide initiative.

In light of the latest senate bill, it is not certain yet whether a measure supported by SEIU to increase the statewide minimum wage to $15 will still appear on the ballot this November. Regardless, Oregon is expected to increase the minimum wage beginning next year, something that hasn’t happened since 2014.