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Pollute, Dispute and Scoot!

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Aerial view of JH Baxter creosote factory in West Eugene.

When J.H. Baxter shut down in January 2022, the community heralded a new era of cleaner air and more livable neighborhoods. This creosote chemical company polluted both nearby communities and its own workers for seven decades. The day after the plant ceased operations, nearby neighbors could suddenly take in a breath of air without coughing, getting a headache or feeling nauseous.

Dishonorably, like the black tar stain of creosote, J.H. Baxter continues to leave its sticky, foul mark on its Bethel neighbors. Shielding itself from the consequences of intentional toxic chemical trespass is the company’s signature legacy.

 

J.H. Baxter takes advantage of our community in three major ways

 
POLLUTE
First, J.H. Baxter for years exposed residents to air polluted with a sinister cocktail of naphthalene, ammonia, methanol, acetaldehyde, and a much longer list of nasty chemicals. At the same time its Bethel factory contaminated groundwater with pentachlorophenol (a carcinogen) and soil with dioxin (a carcinogen). Both provoked above-average health problems that afflict many long-suffering residents. 

DISPUTE
Secondly, J.H. Baxter violated environmental protection laws in full view of our federal and state agencies. Regulators knew that the company was a repeat, intentional polluter and declared it a Significant Non-Complier as far back as 2012. Sadly, nothing changed. As environmental violations mounted and grew in severity, J.H. Baxter employed the corporate tactic of dispute-and-delay to dissuade agencies from holding it to account and issuing appropriate civil penalties. The company is responsible for at least one Superfund site in California and hazardous chemicals spills in the Columbia River.  Like a white-collar crime thriller on the big screen, this corporate tycoon took advantage of its wealth and political ties to silence workers and manipulate the system. These deceits enabled J.H. Baxter to emerge unscathed, time after time.

SCOOT
Finally, when cornered by indisputable revelations of dioxin in the soil of nearby neighborhoods, J.H. Baxter forced regulatory agencies to go to court, buying time and spending  taxpayer dollars. J.H. Baxter employed this tactic again when it was fined $305,440 for egregious violations of hazardous waste and water quality laws from 2015 to this year. It used the courts to dispute evidence of violations and to protest civil fines. Beyond Toxics became a legal petitioner to represent community interests and make sure pollution victims’ experiences were considered. After dragging out the litigation for nearly a year, on July 14, J.H. Baxter signed a settlement agreement to pay the full $305,440 immediately. The agreement was used to resolve the enforcement actions by the DEQ. 

Here’s where J.H. Baxter performs the evasive “scoot” maneuver, continuing its historical pattern of violating the community’s trust, signing documents in bad faith and skirting Oregon laws: The company refuses to pay their $305,440 debt, and appears have no intention of paying the fine even though they signed the settlement agreement. 

Further, the company refuses to make any effort to pay for the dioxin cleanup of residential yards in Bethel neighborhoods that are now contaminated from years of negligent environmental violations. 

PROFITS, LIKE ITS POLLUTION, UP IN THE AIR
Although the company has not declared bankruptcy, Company CEO Georgia Baxter claims that years of corporate profits simply vanished. Thankfully, the Oregon Department of Justice and the Oregon DEQ are scrupulously investigating how the State can recoup the money owed in civil penalties and the millions of dollars being spent on cleaning up the dioxin mess, both on the polluter’s property and in the yards of nearby Bethel residents.

However, DEQ’s options are murky under Oregon law. For example, the agency has been unable to recover even a penny from all the equipment and chemicals J.H. Baxter has sold off since it closed.

 

J. H. Baxter has figured out it can pollute, dispute and scoot – with impunity.

WE CAN LEARN FROM THIS
Eugene should not allow a similar toxic fiasco to happen again! Now is the time to stand up and demand polluter accountability. Beyond Toxics is working with City Councilors Claire Syrett and Randy Groves to design policies with the teeth to protect our communities. We residents of Eugene must mandate strong requirements to end chronic polluter malfeasance. Our legislature must give our regulatory agencies more tools to rein in chronic polluters.

Help us pass meaningful policies that build public health criteria in our zoning codes. Contact us to find out more about upcoming hearings on the Public Health Overlay Zone. Read our J.H. Baxter FAQ sheet. Your City Councilor needs to hear directly from you that Eugene must adopt solutions that will get our community on a clear path to end the dodgy cycle of pollute, dispute and scoot.
 

~ Lisa Arkin, Executive Director


Read Register-Guard's most recent reporting on the J.H. Baxter issue (PDF if you're not subscribed)

Ask city for change to prevent more Baxter-like pollution issues now facing west Eugene

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(this article was originally published as an opinion editorial in the May 15th edition of the Eugene Register-Guard)

 

For over 50 years, J.H. Baxter operated a wood treatment facility in West Eugene where wood products are infused with potent oil-based pesticides and chemical treatments. In recent months, J.H. Baxter, facing large civil penalties and an expensive environmental clean-up, announced that they would “mothball” their facility. The owners claimed they were faced with “market volatility” and “diminished returns” and concluded that “it simply doesn’t make financial sense to continue current operations at [their] Eugene facility.” Apparently, JH Baxter’s choice of operational methods, which never made moral or legal sense, is no longer financially sensible.

Celebrations from environmental justice advocates and neighborhood residents are justified. However, the decades of pollution violations, unpaid civil penalties, and unaddressed contamination caused by poorly regulated wastewater and harmful toxic air emissions mean that closed doors may be as much an act of evasion as an act of surrender.

Environmental sampling in the wake of yet another string of investigations has shown there are significant quantities of PCP leaching out from under the facility into surface and ground water and dioxin wafting out and settling in the surrounding neighborhood.

Dioxin, a toxic and persistent organic pollutant (POP) and a component of the biological-chemical weapon ‘Agent Orange’ is now a fixture of West Eugene’s public spaces, a glaring harm to properties, and substantial risk to residents. Per the Environmental Protection Agency (EPA): “Dioxins are highly toxic and can cause cancer, reproductive and developmental problems, damage to the immune system, and can interfere with hormones.”

A Community Effort for Change

Beyond Toxics and thousands of residents of West Eugene have raised the alarm on J.H. Baxter’s pollution for decades, citing noxious smells, illness, discomfort, and respiratory issues among other adverse health effects, including incidence of rare childhood cancer. J.H. Baxter has been cited with over twenty pollution violations in the last 30 years.

Despite laws and environmental protections codified to protect ‘public health and welfare,’ poison on the playground and pollution off the porch have repeatedly threatened residents of West Eugene. Today, nearly 40 Bethel residents wait to find out if their property is marked unsafe for children, unsafe to grow food, unfit for typical use.

Today’s antiquated laws, as codified, allow our state and federal government to permit harm and, functionally, designate sacrifice zones. And unfortunately, absent an injunction from a court or cease-and-desist order from either the DEQ or from the governor, these violations and cited penalties end nothing—to a company like JH Baxter, it’s just a cost of doing business.

Our communities and our regulatory agencies lack the legal tools necessary to hold chronic polluters like JH Baxter accountable to environmental regulations and fiscal responsibilities. A serious reconsideration of our planning, land use, and environmental protections is long overdue.

Proposed Changes In The Works

Beyond Toxics is proposing a series of impactful changes to Eugene’s local government. Top on our list 1) Restructure Land Use Compatibility Statements (LUCS) (a process involved with granting conditional use permits for development); 2) Codify a Public Health Overlay Zone (a new ordinance layering additional protections related to public health and equity to existing zoning regulations); 3) Create a Risk Bond requirement (a bond the polluter most hold to insure against significant risks of environmental and public harm posed by a new development or land use).

Since the inception of Beyond Toxics, we’ve been dedicated to addressing the root causes of toxic pollution. By working to dismantle entrenched and unfair legal loopholes and “perks” for polluters that allow unabated contamination with no accountability we will go a long way in the fight against these root causes. A vital part of that work includes updating land use laws and strengthening environmental regulations. Accomplishing these goals will provide lasting protections for all communities, in perpetuity.

~ Peter Jensen, Environmental Justice Law and Policy Extern and Lisa Arkin, Executive Director

 


City of Eugene Work Sessions

1) Addressing Chronic Toxic Polluters Work Session: Monday May 23 at 5:30 pm
MORE: https://www.eugene-or.gov/DocumentCenter/View/5448/Tentative-Working-Agenda

TAKE ACTION
Attend the work sessions via video conference

https://www.eugene-or.gov/3360/Webcasts-and-Meeting-Materials

See the "Live Sessions" section on that page to access live webcasts of City Council, Budget Committee or Planning Commission.  The button for meeting that is currently live will be highlighted. Live sessions and recordings of previous meetings can also be accessed via our City of Eugene Public Meetings YouTube channel.

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Farmworker Overtime Bill and its Potential Protective Health Outcomes

Texas farm

The Oregon Legislative 2022 session has come to an end with the successful passage of the high-profile Farmworker Overtime Bill, HB 4002, now awaiting Governor Brown’s signature. More than 900 testimonies were submitted to the House Committee of Business and Labor and another 520 testimonies were submitted to the Joint Committee on Farmworker over time, making sure that the public's voice was heard. The passage of this bill is a significant step forward in addressing structural racial barriers and inequities. The Farmworker Overtime Bill not only ensures that farmworkers are paid at time and a half their regular hourly rate for work done above the 40 hour week threshold, but from a public health point of view, it also has potentially protective health measures which may alleviate some of the stressors farmworkers are experiencing.

Fair Labor Standard Act_FLSA_signed in 1938

The 1938 Fair Labor Standard Act (FLSA) was signed by President Franklin D. Roosevelt.

It is important to note that the reason Congress enacted the Fair Labor Standard Act (FLSA) in 1938 was a result of “…labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers…” [1], and to ameliorate these working conditions a 40-hour weekly cap was set, making employers less frivolous with their demand on employees' time. However, this eighty year-old law has failed to guarantee overtime pay for farmworkers.

Unfortunatley, a long history of intitutionalized racism has excluded Black Farmworkers and Migrant farmworkers from the FLSA, meaning they have not received equal rights under this act. This legacy continues to harm all farmworkers. Agricultural work is labor-intensive. Farmworkers are subjected to multiple health and safety hazards in their work environment, including physical injuries, exposure to toxic pesticides, and extreme weather conditions that affect their health.

According to a report done by Oregon Health and Science University (OHSU) on farmworkers, working overtime routinely increases the risk of work-related injuries due to fatigue [2]. The Census of Fatal Occupational Injuries (CFOI) reported that the share of Hispanic or Latino workers fatally injured on the job increased from 20.4% in 2019 to 22.5 % in 2020 (which in numbers are 1,072 fatalities). 16% of these fatalities were related to exposure to harmful environments or substances and another 25% were attributed to falls and slips at the work site [3]. Moreover, the fatality rate for Hispanic or Latino workers was 4.5 deaths per 100,000 full time equivalent (FTE) workers in 2020 while the overall fatal work injury rate for 2020 was 3.4 fatalities per 100,000 FTE [4]. The difference is fatality rates indicate that Hispanic or Latino workers are more prone to fatal injuries due to the requirements of their jobs.

Seasonal farm worker picks cherries

The OHSU report has also established a link between workers who routinely work overtime and the onset/progression of chronic health conditions of heart disease and diabetes. In addition, workers are at higher risk of developing heat-related illnesses such as heat exhaustion or heat stroke during extreme heat events [5]. Farmworkers' well-being and quality of life are also affected by long workdays. Frequently working overtime provides less time for family life and causes financial and logistical strain trying to maintain a functional household and childcare. [2]

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These health stressors, which stem from long working hours, may be alleviated with the recently passed rule. By being more mindful of regular work hours and compensating workers for overtime labor, we hope to see multiple changes, including a decline in work-related injuries due to fatigue and a higher standard of living leading to reduced financial burdens on households. We are confident that these improvements will contribute to Oregon's economy and thereby increase the overall well-being of workers, their families and their communities.

By Galia Peleg,
Master in Public Health Fellow, Oregon Health and Science University


References

1.) 29 U.S.C. § 202(a) https://www.law.cornell.edu/uscode/text/29/202

2.) Oregon Health and Science University. (2021). Mandated, but not compensated: Exploring the multifaceted impacts of overtime on farm workers’ health, safety, and well-being. https://img1.wsimg.com/blobby/go/c8357af7-9c3e-4b52-9725-4de56f1d3cea/PCUN_White%20Paper-Overtime%20Pay_FINAL.pdf

3.) TABLE A-7. Fatal occupational injuries by worker characteristics and event or exposure, all united states, 2020. (2021, December 16). Bureau of Labor Statistics. https://www.bls.gov/iif/oshwc/cfoi/cftb0342.htm

4.) Bureau of Labor and Statistics. (2021, December 16). NATIONAL CENSUS OF FATAL OCCUPATIONAL INJURIES IN 2020 [Press release]. https://www.bls.gov/news.release/pdf/cfoi.pdf

5.) Castillo, F., Mora, A. M., Kayser, G. L., Vanos, J., Hyland, C., Yang, A. R., & Eskenazi, B. (2021). Environmental health threats to latino migrant farmworkers. Annual Review of Public Health, 42(1), 257–276. https://doi.org/10.1146/annurev-publhealth-012420-105014


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Public Pressure Brings Down Polluting Giant

On Friday afternoon, I went with two other Beyond Toxics staff members to stand across the street from the JH Baxter wood treatment facility. We took a moment to breathe in a deep breath of air and celebrate the absence of creosote vapors – the nauseating, eye-burning, nose-searing combination of many chemicals including naphthalene and petroleum – that have defined living in the area for decades.

 

 

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JH Baxter’s unrelenting toxic pollution has, since the day it began operating, caused devastating harm to workers, Bethel residents and the surrounding neighborhood. We will continue to stand by the community to do everything to ensure this polluter is held accountable to pay for cleaning up dioxin-contaminated soils, toxic PCB plumes in the groundwater and nearby streams and their own highly contaminated 42-acre site. 

The devastating effects of JH Baxter’s greed and illegal practices will be felt in the community for decades to come. People who once lived there or who still live there will suffer an increased susceptibility to chronic health problems including cancer, asthma, hypertension, and diabetes for the rest of their lives. The toxic legacy left behind will haunt nearby neighborhoods for generations not yet born.

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Bethel neighbor listens to a West Eugene clean air presentation.

The closure of JH Baxter is nothing short of a ground-breaking community victory! For residents of West Eugene, the closure of JH Baxter warrants a well-deserved victory lap. It is a time to celebrate the years of community organizing and public pressure that led to this moment: shuttering a repeated and intentional polluter! 

Beyond Toxics has fought for clean air in the Bethel community since 2006. We’ve been fighting for the principle of holding polluters accountable since our founding in 2001. Our work with West Eugene neighbors began by raising awareness about air and groundwater pollution from the Union Pacific Rail Yard.

We further amplified our work in 2009, when we walked the streets with City Councilor Andrea Ortiz (she later died of complications from a respiratory illness). As we walked together, Councilor Ortiz commented on a persistent chemical stench from nearby industrial facilities, leaking rail cars parked next to homes and parks, and two separate groundwater plumes of vinyl chloride and PCBs. We discussed high rates of cancer, asthma and other illnesses as well. In particular, we talked about the unbearable odors emanating from the JH Baxter plant.

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City Councilor Andrea Ortiz. (deceased; photo taken in 2004)

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During the 2012 West Eugene Bus Tour a Latinx mother tells the crowd of her daughter suffering from asthma as a result of living near JH Baxter.

A year later, a teacher from Fairfield Elementary School called us in a panic as the staff rushed the school children back inside from recess. I will never forget her words: “A wall of chemical vapors is overwhelming us! We can’t breathe!” she said. It was the smell of creosote, and JH Baxter was the source.

This call, and other developments, led us to develop the first ever Environmental Justice Toxics Bus Tour in Oregon in 2012.

 

Over the years we have supported the efforts of Bethel residents to expose JH Baxter’s litany of toxic abuse with a bevy of  grassroots organizing tactics, including health studies, air quality studies, testifying, supporting community coalitions and filing a truckload of complaints. Perhaps most importantly, in 2014 we filed a successful US EPA civil rights and environmental justice complaint against the Lane Regional Air Protection Authority. Without fail, we let regulatory agencies know, in no uncertain terms, that they had failed the community, sacrificed public health and allowed themselves to be subservient to one of Oregon’s worst polluters. 

In fact, a day before the shutdown plans were known, Beyond Toxics and the Active Bethel Community had sent a letter to the Mayor and Eugene City Council calling for our elected officials to ask Governor Brown and the DEQ to issue a Cease and Desist order to force JH Baxter to stop operations.

Despite the quiet outward appearance I witnessed on Friday, we remain vigilant in insisting regulators hold JH Baxter to the task of paying for cleanup of the neighborhood and their own seriously contaminated 42 acre site.

The courts will consider JH Baxter’s case to contest (as in “not pay”) the $223,000 civil penalty issued by the DEQ for violating their pollution permit. Striving to uphold environmental justice principles during this court case, we successfully petitioned regulators to represent the community’s interest in JH Baxter’s upcoming court hearing (Read our petition to participate on the community’s behalf). Beyond Toxics will be there to ensure environmental justice is upheld!

JH Baxter and the history of how elected officials and regulatory agencies ignored the downwind Bethel community is an example of structural injustice and unfair treatment. As the dark, harrowing shadow of JH Baxter’s toxic legacy recedes, we must continue to insist that Bethel neighbors deserve a sense of well-being and hope for a thriving and just future.

~ Lisa Arkin, Executive Director, Beyond Toxics

 

See our latest video on YouTube highlighting Beyond Toxics' work in West Eugene

Creative background. Old wooden door, blue color, in the box. Transition to a different climate. The concept of climate change, portal, magic. Copy space.

Time to celebrate Oregon’s climate action success!

 

Did you hear the BIG news? On December 16th, 2021, the Oregon Environmental Quality Commission voted 3-1 in favor of establishing the Department of Environmental Quality’s new Climate Protection Program to reduce greenhouse gas emissions from fossil fuels used in Oregon. Beginning in 2022, this program will help secure a healthy climate future, invest in frontline communities, and hold corporate polluters accountable. And while the final program may not be perfect, it sets in motion a massive statewide effort to reduce emissions from the use of transportation fuels and natural gas utilities. The outcome is transitioning Oregon off of fossil fuels and setting an example for other states to follow.

Here are some key highlights from the new program:

  • Science-based emissions reduction targets for oil companies, "natural" gas utilities like Northwest Natural and Avista, and major industrial facilities to cut their climate pollution in half by 2035. This presents opportunities to innovate, propelling Oregon toward a clean energy future.

  • Improved public health and resiliency for communities in Oregon most harmed by burning fossil fuels and climate change. Reducing harmful pollution can save Oregonians billions of dollars annually by avoiding health impacts such as lost workdays to asthma and respiratory effects, to heart attacks and hospital visits, to fatal outcomes.

  • Investments in clean energy projects to support job creation, a strong economy, and cleaner, cheaper, healthier energy and transportation options in communities of color, tribal, low-income, rural and coastal communities across the state.

Powerful Public Engagement 
A whopping 7,600 comments on the Climate Protection Program (CPP) rules were sent to the Department of Environmental Quality (DEQ), exceeding typical comment period totals by thousands. Noting the severity and urgency of the climate emergency we face, over 70% of these comments were in support of adopting strong outcomes for climate, equity, and the environment without delay. 

In response to the tsunami of public comments, the CPP rules were strengthened in the following ways: 

  • The “cap” placed on oil companies and fossil gas utilities to reduce their emissions was made more aggressive to require 50% reduction by 2035 and 90% reduction by 2050. Previous versions of the CPP rules included a reduction of just 45% by 2035 and 80% by 2050.

  • The final program sets emissions targets for major industrial facilities covered by the program to cut their climate pollution in half by 2035. Previous drafts of the CPP rules failed to set mandatory reductions for these emissions sources.

  • The program will fund up to $500 million annually in Community Climate Investment (CCI) projects to support cleaner, cheaper, healthier energy and transportation options in communities of color, tribal, low-income, rural and coastal communities across the state. DEQ strengthened rule language to make it clear these investments would prioritize environmental justice communities.

Calling for Carbon Sequestration
Also, Beyond Toxics took a strong, loud stance to push Oregon to invest in carbon sequestration! In order to truly mitigate and adapt to the impacts of climate change, we know that pulling down atmospheric carbon and storing it in our soils, trees and vegetation, and waters must be prioritized alongside efforts to ratchet back greenhouse gas emissions. This will not only benefit our climate but also result in better soil health, water availability, and air quality.

During the Environmental Quality Commission's (EQC’s) vote to approve the Climate Protection Program, carbon sequestration took the main stage once again. As a result, the Department of Environmental Quality is going to coordinate with the Oregon Global Warming Commission to discuss opportunities to support carbon sequestration in Oregon’s forests, agricultural lands, and wetlands moving forward.

We expect this important discussion to continue at the EQC’s next meeting in early February.

Grit and Gratitude
Public participation throughout the rulemaking process played a major role in improving the final program. Your written comments as well as your presence and voices at public hearings were critical to strengthening the initial rule package developed by DEQ staff. EQC commissioners heard you. You helped make a difference!

As I reflect upon the past year, I find so many reasons to be hopeful. In doing this work, I find great resolve to keep advocating for meaningful climate action. The Climate Protection Program shows how truly powerful public involvement can be to achieve a stable and just climate future. Thank you for contributing to these outcomes.

And while we celebrate this significant progress for the state, we know our work is not done.

One large omission from regulation by the Climate Protection Program is power plants that burn fossil fuels in Oregon and export electricity to other states--that must be fixed! Continued diligent monitoring and engagement will be required to ensure that this program delivers the promised reductions in climate pollution and investments in environmental justice communities.

Our game plan is to continue our efforts to support and encourage public engagement. We must build upon our success to convince state agencies to go farther, think bigger, act faster and adopt the strongest policies.

~ Grace Brahler,
Oregon Climate Action Plan & Policy Manager for Beyond Toxics

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Oregonians Expect Bolder Action on Climate

Let’s be honest--the state of the climate emergency can be downright overwhelming and difficult to face day after day. A recent report from the Intergovernmental Panel on Climate Change (IPCC) paints an especially bleak picture: “It is unequivocal that human influence has warmed the atmosphere, ocean and land. Widespread and rapid changes in the atmosphere, ocean, cryosphere and biosphere have occurred.”

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Winning the Battle to Ban Chlorpyrifos!

In 2020, Oregon became the 4th state to phase-out the organophosphate insecticide, chlorpyrifos. This law came about as a result of a 2-year legislative campaign led by Beyond Toxics to ban the use of chlorpyrifos. We fought for a complete ban, and we knew a phase-out was not enough.

Today we celebrate the EPA’s August 18th decision to END the use of chlorpyrifos on all food crops, a ban that will also apply to Oregon.

Mt. St. Helens and farm fields Oregon.

Lay Of The Land (Use)

“I’m from the coast.” “I own a farm.” “My family have been ranchers for five generations.” Our sense of ourselves is integrated with the way we own and use land.

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Equity Missing in Oregon Land Use Laws

We face a future full of challenges about the health of our communities and the impacts of a warming climate. Of the many intersections between environmental justice, health and climate change, one that is often overlooked is pesticide use.

At the most basic level of fossil fuel production reductions, pesticides are petrochemicals – toxic chemicals made from extracted oil and fracked gas. Agricultural pesticides also increase greenhouse gas emissions of nitrous oxide, a greenhouse gas 300 times more potent than carbon dioxide.

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Contact

Lane County Office
120 Shelton McMurphey Blvd.
Suite 280
Eugene, OR 97401

+1 (541) 465-8860

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Phoenix, Oregon 97535

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Eugene, OR 97440

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