Washington State Supreme Court No. 79993-8

Washington State Court of Appeals No. 32047-9-II

Thurston County Superior Court No. 03-2-01681-8

CLIENTS: Alpine Lakes Protection Society, Friends of the Loomis Forest, Kettle Range Conservation Group, The Mountaineers, Northwest Ecosystem Alliance, Peninsula Neighborhood Association, Seattle Audubon Society, Washington Environmental Council, Washington Wilderness Coalition, Whidbey Environmental Action Network

STATUS: In 2004, the Thurston County Superior Court affirmed Ecology’s rulemaking repealing its rules. The case was argued in the Court of Appeals in May, 2006 and the Court of Appeals handed down a decision on October 10, 2006 in favor of the Defendants (read the Published Opinion). Plaintiffs' appealed the decision in March, 2007 and this case is pending in the Washington State Supreme Court.

BACKGROUND: This case challenges the Washington Department of Ecology’s revision of some of its State Environmental Policy Act rules in 2003, rules that the Forest Practices Board adopted more than 15 years ago. Ecology repealed provisions of its SEPA rules that authorized and required the Department of Natural Resources to consider whether logging under a forest practices permit application is related to past and future permits for purposes of determining the cumulative impact of the multiple related permits. Ecology repealed its rules after Plum Creek Timber Company argued that Ecology did not have the “authority” to promulgate SEPA rules requiring SEPA review of “connected” or “related” forest practices permits.

On appeal in the Court of Appeals, WFLC argued that Ecology HAD the authority to make its SEPA rules apply to piece-mealed forest practices permits. Read our opening brief and reply brief. 

Click here to learn how this case is related to our other cumulative effects cases.