Brief Summary of Pen2/BNA Meeting

The following is a summary of the 10/30/07 meeting (3-6pm) with Pen2:

At the suggestion of the City Forester, Dave McAllister, BNA and Pen2 met to work towards a mutually agreed upon plan for tree removal and mitigation.

Present:

BNA: Walter Valenta, Tom Kelly, Alise Goforth
Pen2: Dick Shafer
ACOE: Jeremy Britton

The group walked the length of the levee from Marine Drive to Columbia Way West Moorage to inspect marked trees and then sat down to discuss the situation.

No decisions were reached - and a second joint meeting is scheduled for next Tuesday, November 6 at 3 pm.

A little self promotion

My local art group - all 12 of us - is putting on a Celebration tomorrow - we are into year 2!
Come celebrate with us and look at some wonderful colorful art!!!

CELEBRATION OF ART:
Portland, Oregon- October 28th, 9am-3pm
Neveh Shalom
2900 SW Peaceful Lane
Portland Oregon

The magic begins as you enter our Main Exhibit Hall. Live music by well known recording artists and performers will greet your ears, and a coffee house featuring fresh treats will tantalize your palate as you listen to the musical stylings of Stephanie Schneiderman (of Dirty Martini fame), George Fendel, jazz pianist, and Justin Jude, recently named "Oregon's Best Singer/Songwriter 2007!"

Stroll from exhibit to exhibit to experience a unique show that blends the best elements of a gallery opening with an artist colony tour -- with a coffee house of a forgotten age tossed in. Celebrating their second year as a collective, ORA artists invite the public to
discover their new work. Although the artists are Jewish, Judaic and secular works are available for purchase.

Members of ORA are: Rosana Berdichevsky , collage and multi-media; Lynn Dorman, photography; Leslie Elder, water colors, Robin Esterkin, water color, acrylic and mixed media; Laurie Fendel, fabric construction; Diane Fredgant, silk painting; Sara Harwin, fabric construction, acrylic painting and serigraph prints; Julie Hockley, hand-cast precious metal jewelry & ritual objects; Esther Liberman, handmade bead work; Sharon Segal, acrylic and mixed media paintings and cards; Eddy Shuldman, fused glass; and Sabina Wohlfeiler, water color paintings.

You don't need to be Jewish to come look, schmooze with the artists, nosh a little, and buy art that speaks to you., Best of all, admission is free!

For more information please visit our website: www.northwestjewishartists.org

A meeting?

Heard thru the neighborhood grapevine : - )

A member of the DD Board of Directors will be meeting with a member of the BNA Board to discuss the tree cutting situation.

This meeting is what the city arborist suggested - back on October 12th when all parties met with him.

Trees not requiring a permit for removal

From what I understand the 40 trees not requiring a permit for removal are the little ones that are not in the forty-five foot right of way.

So this 40 includes the little trees at Captain's Moorage, the firs trees at Columbia Way west, the little trees at Wayne's (which are no longer tagged orange), and little trees at the Mews.

And maybe the one at Blue Frog, but I think it is too close to the street right of way.

Letter of denial from the City Forester to Drainage District

[ Editorial note - the meeting with the City Forester and some of the neighbors, lawyers, etc. took place on October 12th. At that time the city requested that all parties try to reach consensus. The Drainage District's tree removal request was filed on October 16th - included 124 trees - and there was no intervening attempt to even talk to the neighborhood negotiators - and that was after the city arborist spent an entire day with Dave Hendricks and they concluded that 60 trees would be removed. ]


October 23, 2007

Harlan E. Jones
Jordan Schrader Ramis PC
P.O. Box 230669
Portland, OR 97281

Mr. Jones,

My staff and I have reviewed the information sent regarding the request for tree cutting permits by the Multnomah Drainage District in the Bridgeton Neighborhood. By your estimate a total of 124 trees are requested to be cut under PCC 20.40 and 20.42. This is the number referenced in your letter dated October 16, 2008.

There are 40 trees, included in these applications and part of the 124 total, which are below 12” in diameter and not within the ROW. These are not regulated trees. The City of Portland does not require a permit for their removal.

In a response to you October 16th letter, I said I would expeditiously address your permit request but “In order to do this, however, the Multnomah Drainage District needs to specify the number of trees to be removed under each respective tree cutting Title (either 20:40 or 20:42) and the sections (justification) under which permits are requested” Based upon the information provided, I assume the permit request is as follows:
• 33 trees removed under PCC 20.40.
• 51 trees removed under PCC 20.42.
• The tree removal permits are requested as emergency permits under 20:42, without notification or mitigation.
You state: pg 3 paragraph 4 “While 20.40 deals with trees on public lands, nothing in 20.40 provides that 20.40 overrules 20.42 as to the cutting of trees, and 20.42, as stated, unambiguously applies to all land except certain single-family lots” and pg 3 paragraph 5 “The Forester has, and should immediately exercise, the authority to “order or effect” the removal of the trees creating this hazard to public safety by authorizing the District to cut trees as it proposes”.
Again in your email to me on October 17 you state: “As to the rest of the trees, it does not matter whether they fall under 20.40 or 20.42, and it does not matter whether the District or the Forester is correct as to the respective scope and application of those two chapters. Under either chapter and under both chapters, the Forester has explicitly authority to cause or allow the removal of trees, without any permitting process and without any mitigation requirements, in circumstances which present a public safety risk. We identified those specific provisions in our communication yesterday”.

Your permit to remove 124 trees under the emergency tree provision of 20.42.090 Criteria for Issuance of Permits is denied. The City of Portland does not agree with the Multnomah Drainage District that the trees are an emergency hazard for the following reasons:
• The trees have been growing on the levee for up to 50 years without demonstrated negative consequences.

• Despite the District knowing that the trees should be removed and based upon the request of the District, the regulating agency granted annual exceptions suggesting a lack of urgency.

• The City of Portland can grant an emergency tree cutting permit at any time when the levee becomes imperiled by high waters or seasonal conditions effectively assuring safety to “the traveling pubic or the integrity of a public street and associated improvements”.

• The trees submitted are not solely regulated under 20:42 for the following reasons: PCC 20.42.010 Purpose states " ..it is not the intent of this Chapter to require a permit for tree cutting in situations where the same activity is already regulated and reviewed by other provisions of the City Code". PCC 20:40.010 Purpose states " The purpose of this Chapter is the managing, conserving, and enhancing the existing trees located in the parks and public areas owned by the City of Portland and in public rights-of-way.." As clarified by the above, PCC 20:42 do not regulate trees within areas covered by PCC 20:40.

You may resubmit tree cutting permits at any time under the following conditions:

• A permit to remove the 33 trees regulated under PCC 20.40 needs to be accompanied by appropriate mitigation as stated in my October 16th response to you: “The City of Portland does, in most cases, require mitigation for street tree loss through replanting of the tree removal site. The City understands that to do this on the Levee will require replanting in vaults or planters so that tree roots will not migrate to the critical zone”.

• A permit to remove the 51 trees regulated under PCC 20:42 will require an appropriate mitigation plan depending on specific criteria used to justify the permit request.
I
Sincerely,

David McAllister
City Nature Manager and City Forester
1120 SW 5th Ave, Suite 1302
Portland, OR 97204

Tree removal permits - update

One of the BNA board members has tried, without success so far, to meet with the Pen 2 people to see if they can work out a joint plan as suggested by the City.

In spite of the city request to negotiate - Pen 2 went ahead and requested a permit to cut 124 trees under the emergency tree removal provision of the City code.

This application was denied as the City does not find there to be an emergency but 40 of the 124 trees identified in the application fall outside of City regulation.

Which are those 40 trees is unknown right now - and the question has been put to the city.

Updates posted as they arrive on my computer : - )

Notes from a meeting with the Portland Police Bureau

The following notes are from a meeting between Bridgeton residents and the Portland Police Bureau.

The meeting took place October 22, 2007
#####

Present:

* Portland Police Bureau - Lieutenant Robert Day, Officer Colby Panter
* Ellen Osoinach, Deputy City Attorney
* BNA - Brian Stipak, Carol Emory, Leslie Sawyer

Meeting purpose was to discuss possible conflict over cutting Bridgeton trees and the Police Bureau's response to a conflict.

Brian stated that we hope the drainage district will act lawfully and follow required City tree permit procedures, and that the possibility of illegal tree cutting may now be lower because the board of supervisors for the drainage district may now be more involved. Brian stated that the BNA would act legally, would only intervene to stop illegal cutting, would not trespass on any private land against the wishes of a landowner, and would phone 911 as part of our response to illegal cutting.

Brian also gave Lieutenant Day and Ms. Osoinach copies of the letter signed by Bob Eaton which was distributed to residences in the Bridgeton area on September 18, 2007 informing them the drainage district would cut trees starting the next day. Brian pointed out the section in the letter which stated "any attempt to delay the progress will result in arrest of the person".

Lieutenant Day said that it would have been nice if the drainage district had contacted them before saying that the police would arrest people. He and Ellen Osoinach explained that the police would not arrest people for standing in the way of tree cutting unless there was a court order saying that residents could not interfere with the cutting, or unless someone was attempting to harm another person or property. Ms. Osoinach expressed concern about the potential for protesters to trespass on the private property of owners who actually wanted their trees cut.

Overall, Lt. Day was reassuring and made clear that the Police Bureau would not take sides in the conflict and would not arrest any Bridgeton residents on the basis of what was said by a drainage district official.

Carol said that the actions of Dave Hendricks as the operations manager for the drainage district has caused many people to have grave concerns about the safety of the levee. She cited how Hendricks said in court that he disagrees with the City Attorney and the City Forester and believes that he has the right to cut trees without obtaining tree cutting permits. She voiced the concern of many residents about the effect of removing trees on the safety of the levee and houses. She also repeated Brian's hope that the drainage district now will go through the tree cutting permit process with the City Forester.

Leslie said that we would probably not have thought of intervening to stop illegal tree cutting, except that the City Forester said that his response if the drainage district cut trees without going through the proper tree cutting process would be to fine the district. That would be a double hit for the residents. The trees would be gone with a higher potential of levee failure and the residents would have to pay the fines through increased taxes.

Lieutenant Day and Officer Panter have driven the area and were aware of the power company "trimming" of the trees at the school and the trees already cut at PYC. They did not know that all of those trees plus most of the other big and small trees on the levee were slated to be cut. They now understand the magnitude of the number of trees slated to be cut and our concerns for the safety of the levee.

They said that any call concerning tree cutting on Bridgeton Road would be taken seriously and there would be supervisors on site as well as police. They welcomed the constructive purpose and manner of our contact, Brian's patient persistence in arranging the meeting, and said that it was useful for them to be able to alert the day officers who might be less familiar with the neighborhood than the evening officers who attend our meetings.

#####

Last week's neighborhood meeting

This post is taken from the notes of someone who attended.

There were some who were outspoken against BNA efforts, largely because they don't want to lose the ability to get flood insurance. [Note - see previous post about that issue - loss of insurance was among the bits of misinformation going around.]

Most of the meeting was around the question of "What can we do?"

Some felt a need to encourage writing to the Pen2 Board members asking:

1- Why are they relying so heavily on two consultants who have performed so poorly in this matter?

2- Why haven't they requested a variance from the ACOE, as only they can do?

3 - Why has there not been an effective meeting with BNA to come to a joint plan as was suggested by the City Forester.

Pen2 board members are Mike McBride, Dick Shafer and Rich Halsten. There has been no direct communication with any of this board during the current process. They are elected to represent all residents of Pen2 - and that includes the Bridgeton neighborhood.

Finally there was a discussion of how to work to get a Bridgeton resident elected to the Pen2 board.

Levee Facts - directly from FEMA

Some in this drainage district area have been getting erroneous information relating to the Bridgeton Levee. Here is some information directly from FEMA. [ I have added emphasis on the points most often misinterpreted. ]

In order to help you further understand the levee documentation, attached are some Fact Sheet FEMA has produced regarding the National Flood Insurance Program and levees. The main points to take from it are:

· FEMA Mapping Process

The U.S. Army Corps of Engineers (USACE) maintenance correction period ends June 11, 2008 and the preliminary FEMA Flood Insurance Rate Maps (FIRMs) are scheduled to be released in September 2008. FEMA will produce the preliminary FIRMs showing the current status of the levee (certified or not).

· Insurance

Regardless of the levee certification status, flood insurance will continue to be made available. Mandatory flood insurance purchase requirements for federally backed loans in the Special Flood Hazard Areas (SFHA) are related to effective maps. If a homeowner purchases flood insurance before the new maps become effective, the rating will be based on the map currently in effect when the building was constructed. This is known as “grandfathering.” I have attached a “Grandfathering Newsletter” to help you further understand this process.

· Disaster Assistance

Because the City of Portland participates in the National Flood Insurance Program (NFIP), the certification status of the levee (certified or not) does not affect your community’s ability to obtain FEMA disaster assistance. If a federally declared disaster occurs, disaster assistance will continue to be made available.

Summary of meeting with City's Urban Forester

I have edited together a few emails from Bridgeton neighbors who were at this meeting - along with some commentary by me and them.

BNA members, Pen 2 and others met last Friday with Dave McAllister, Urban Forester for the city of Portland to gather facts in anticipation of Pen 2's permit request to cut trees along Bridgeton Road.

The attorneys for the City and Pen 2 traded arguments several times on this issue whether Pen 2 needs permits to cut trees on the levee, or at least for most of them or does not need permits. And while there were some pointed questions of Dave McAllister to the Pen 2 representatives, the upshot was that the Drainage District has not applied for a permit to cut trees, and until they do, the Urban Forester can really not do much of anything. He did state that he expected Pen 2 to have a "mitigation plan" attached to any permit request, even though Dave Hendricks made quite a point of stating that he did not feel they should have to do this.

The City Attorney explained the Tree permit code and why and how it applied to Pen2.

Pen 2 argued that the tree removal was an "Emergency", which according to the City code would waive the requirement for permits or mitigation. GeoDesign said they would write up and stamp a statement saying there was no immediate emergency. In addition, GeoDesign stated that winter months, during high saturation, is the best time for compacting sand. An argument that negates Penn2's position that the work is weather driven.

BNA argued that the corps has noted in annual eligibility inspections the trees as needing maintenance since 1987 and Pen 2 has done no tree or vegetation maintenance during those 20 years and has not informed landowners of any tree threatening the levee or posing an "Emergency." For those 20 years trees could have been trimmed, pruned, thinned to manage vegetation and prevent encroachment in to the critical core and with infrastructure.

New development could have planted levee compliant trees, residents could have planted levee compliant trees or located trees to prevent violating the corps policy. IF SUCH AN EMERGENCY - WHY NO INFORMATION OR NOTICE FOR 20 YEARS FROM PEN 2 ?

McAllister stated that BNA had e-mailed to the City and McAllister the communication Alise Goforth had directly with FEMA explaining that flood insurance and disaster relief are always available and unrelated to whether a levee is certified or not.

Additionally, FEMA explained that Mandatory Flood Insurance would not be required until September 2009 when FINAL MAPS are released. Penn2 has until September 2009 to get levee certified. Also, FEMA has a grandfathering program so that all existing construction can obtain flood insurance at the reduced rates, if required. [emphasis added - LD]

At the end of the meeting, McAllister suggested that both sides (BNA and Pen 2) should go back to the negotiating table and hammer out a mitigation plan that we both could live with before any permits are requested.

I understand from some neighbors that Pen 2 has hired a company to remove the roots of the already cut trees at the Yacht Club end of the road. As some of those roots are fairly substantial in diameter and go under Marine Drive and Bridgeton Road - I do wonder how all this will be done - because in court - Pen 2 said they were going to fill in the excavated root areas with sand.

Anyone know the answer to this question? Please post it as a comment so we can all read it. Click on the word comment below.

The Columbia River Bridge Project

The Bridge Project is holding open houses this month

Learn more about the bridge, transit and highway options being analyzed for I-5 between Vancouver and Portland at an upcoming open house.

These community-focused events will provide the public with recent technical findings, cost estimates and a schedule of upcoming decision points. You can talk with project staff, look at detailed maps, get the latest project information and submit your comments.

Wednesday, Oct. 17
5:30 p.m. – 7:30 p.m.
Former Hayden Island Yacht Club
12050 N. Jantzen Drive (across from Safeway)
Portland, OR
Presentation at 6 p.m.


Saturday, Oct. 20
10:00 am – 2:00 pm
Lincoln Elementary
4200 NW Daniels
Vancouver, WA
Presentations at 11 a.m. and 12:30 p.m.

more info available at their website: Click here

Neighborhood Meeting - October 17th

Wednesday, October 17, 2007

7 PM at the Marriott Residence Inn
1250 N. Anchor Way

From the BNA Board:

AGENDA

REPORT ON OUR EFFORT TO SAVE BRIDGETON ’S LEVEE AND TREES

There will be a recap of all that has been ongoing.

This meeting will give the neighborhood an opportunity to ask questions and to be brought up to date on what is happening.

What's new with the tree cutting

from a neighborhood email - with minor edits :

The City Arborist is meeting with Dave Hendricks, operations manager at the drainage district, Wednesday to go over which trees the city controls through the tree permit process and which trees the drainage district can cut without city permits.

On Friday there is going to be a meeting at City Hall that will involve the drainage district, the BNA, the City Parks Bureau, and maybe city commissioners, to go over the whole process.

Judge's Decision

Click on each page [ there are 4 pages ] for a larger image...the very fainter last page contains only the signature and date

Injunction denied

I can't copy from the format right now -

but in short the judge denied the request for the preliminary injunction!

I'll try posting the entire decision later

This hearing proceeded on the very restricted nature of what could be presented in a writ of review context...
It's a very technical legal procedural item and so everyone was restricted in what they could present.

The judge could rule only on evidence which, due to the nature of the hearing, was very limited.

Fire Inspection

I was around when the Fire Department did it's inspection ...

Closing arguments

I'm posting a brief summary of the closing arguments..

Attorney for the neighborhood:

Suggested that Pen2 might start cutting trees, even without a city permit, if the TRO is lifted.
Argued that the petitioners do have standing [the legal right to bring the action.]
That neighbors are likely to prevail at the writ of review hearing.

Attorney for Pen 2:

The 60 day time limit started in June.
Pen 2 understand they must comply with Portland's tree cutting standards.
The commission statute indicates a commission is only to be in place on as as needed basis and it and a licensed engineer are not needed now.
He recited the one line from a Corp person to Portland that the levee has deficiencies.
That harm comes to all 1500 acres and the businesses in the Delta Park area if the levee fails - not just the neighborhood.
Dr. Gray came with a foregone conclusion and did not do a local evaluation.
Says the Army corp of Engineers makes the decisions; DD is just for ministerial work.
Petitioners use the word "likely" to prevail - TRO needs a higher standard of surety- therefore neighbors lose on the merits.

Attorney for the RiverKeepers:

Suggested that if this was such an emergency situation, why weren't the Army Corp of Engineers and the geotech firm hired by Pen2 not here testifying?
Remarked that Pen2 is relying only on the one sentence about deficiencies taken from a letter from the Corp to a local politician.
Argued that the Commission is still necessary and that the court can appoint such a commission.

Judge:

I will issue a decision after lunch tomorrow

Hearing is over

I just got home from court and will post this for now...I will post a summary later...but I know some are waiting for info : - )

The Judge said she would issue her decision tomorrow [October 5 ] early afternoon.

It will be emailed to attorneys on both sides and as soon as a copy comes to me - I will post it [if I can] or summarize it if posting can't be done. [Some documents I have received are in formats that will not let me post them.]

Brief Summation of Wednesday's hearing

The following comments are from the notes of someone who was there for the entire day.

One of the big issues is the timing of the 60 days to file a TRO. Pen2 [ the Drainage District] is
claiming that the 60 days started running in June when the board
made a decision to cut trees.  Neighbors [BNA] are claiming that we worked in good faith
with Pen2 until they finally gave us written notice of the number and
location of the trees to be cut - and that was the day before they started
cutting trees.

The Pen2 attorney has withdrawn the claim that FEMA mandated the cutting and
that the residents of Pen2 will not be able to get insurance.  Actually, those now insured
will be able to grandfather in at low rates just before the 2009 remapping.

BNA called two administrators for the drainage district as witnesses and
one said basically said that he did not know as an answer to almost every
question.  He said that he had no knowledge of obtaining the tree permit even
though he signed it. The second in command said that he has no kind of
college degree, but that he knows more about the structure and requirements
of a levee than a civil engineer would. He also said that he has a
disagreement with the urban forester and that he does not need a
cutting permit to cut any of the trees on the water side of the levee. These
two may also be testifying for Pen2 on Thursday - as will several land owners.


To be continued after today's hearing....

6:30 PM update

Just spoke with someone who was in court all day. The hearing went until after 5 PM and the neighborhood was still presenting it's case.

The hearing will continue tomorrow morning with a break at 11 as the Judge has something else on her schedule and then will re-convene at 1 PM tomorrow afternoon.

Apparently the neighborhood's attorney called some of the Drainage District as witnesses. The neighborhood still has witnesses who need to testify and then the Drainage District will present it's case.

Stay tuned. If I get any specifics tonight about today's testimony I will post them...

Slight update - sorry

The hearing started about 10:15 and was mostly about legalities, scope of the hearing, and opening arguments by both sides. At noon - the judge said time for a lunch break and the hearing was to continue at 1 PM.

What had happened by noon was that the first witness for the neighborhood was about half way through his testimony. So he had to finish and then be subjected to cross examination.

The heat was on in the courtroom but with the windows open making some of us feel headachy !

I was one of those and was among the many who left at the lunch break. We figured the hearing had little chance of finishing today unless things moved more quickly after the lunch break and I don't know how late Portland hearings can or do go on in the afternoon.

As soon as someone who stays gets back to me - I will post any updates.

Side note - even if you enjoy technical legal arguing - this was not enjoyable... and I am a legal junkie...

Judge and courtroom announcement

We are before Judge Alicia Fuchs at 9:00 a.m. in courtroom 324.

That's tomorrow - October 3

See you there - but if you can't make it check back here as I will post something as soon as I get home from the hearing

Plan ahead

We in this neighborhood do more than fight for trees or go to court in order to report on the legalities. [But I am a legal/politikal junkie at heart so I find it sort of fun : - )]

Most of us do other things...and I'll put a blatant ad here for myself!

I take pictures. I sell my pictures too. And I am part of an art group that has a show at the end of October..on the 28th. Pictures I have taken of the trees and flowers along our levee will be on display at this show.

CELEBRATION OF ART

October 28th, 9 am to 3 pm
Neveh Shalom
2900 SW Peaceful Lane
Portland Oregon

The magic begins as you enter our Main Exhibit Hall. Live music by well known recording artists and performers will greet your ears, and a coffee house featuring fresh treats will tantalize your palate as you listen to the musical stylings of Stephanie Schneiderman (of Dirty Martini fame), George Fendel, jazz pianist, and Justin Jude, recently named "Oregon's Best Singer/Songwriter 2007!"

Stroll from exhibit to exhibit to experience a unique show that blends the best elements of a gallery opening with an artist colony tour -- with a coffee house of a forgotten age tossed in. Celebrating their second year as a collective, ORA artists invite the public to discover their new work. Although the artists are Jewish , Judaic and secular works are available for purchase.

Members of ORA are: Rosana Berdichevsky, collage and multi-media; Lynn Dorman, photography; Leslie Elder water colors, Robin Esterkin, water color,acrylic and mixed media; Laurie Fendel, fabric construction; Diane Fredgant, silk painting; Sara Harwin, fabric construction, acrylic painting and serigraph prints; Julie Hockley, hand-cast precious metal jewelry and ritual objects; Esther Liberman, handmade bead work; Sharon Segal, acrylic and mixed media paintings and cards; Eddy Shuldman, fused glass; and Sabina Wohlfeiler, water color paintings.

You don't need to be Jewish to come look, schmooze with the artists, nosh a little, and buy art that speaks to you. Best of all, admission is free!

If you want to see some of our work go to the full ORA website HERE

or for the ORA blog go HERE

Not the levee - but relevant

I'm cross posting this from another of my blogs as it is relevant...
http://lynnsrants.blogspot.com/2007/10/science-not-from-this-administration.html

We are expected to believe this government and it's entities when they tell us what their "science" is...well here is an op-ed piece about how this administration deals with "science."

Another in the long line of "my way " - even about science - you know the area we used to say the USA was good at.

Well apparently science is not good anymore if it conflicts with a corporate bottom line!!

From an op-ed in the L.A. Times ...

What science the Bush administration chooses to stifle or promote seems to be a matter of politics and economics. According to a recent story in the Washington Post, the multibillion-dollar baby formula industry pressured the Department of Health and Human Services to weaken a 2004 public-service campaign promoting breast-feeding -- and it worked, even though the science supported the other side.

Numerous studies suggest that breast milk protects infants from developing certain illnesses and that formula-feeding increases their health risks.

The ad campaign was designed to drive home that point. Now the health of millions of infants is at risk because mothers don't have the scientific knowledge the ads would have conveyed to make an informed choice between breast- or formula-feeding.

According to the Post, a recent report by an agency within the Health and Human Services Department makes the same point as the canceled ads but has also been downplayed by the government because of pressure from the formula industry.

Full article http://www.latimes.com/news/opinion/sunday/commentary/la-op-orent30sep30,1,5921620.story

As a Developmental Psychologist who advocates "real" science and breast feeding for optimal development in infants - this is sickening!

Don't children count anymore? Rhetorical question - of course they don't...they don't vote!