Washington State Supreme Court No. 79993-8

Washington State Court of Appeals No. 33676-6-II

Thurston County Superior Court No. 03-2-00717-7        

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 March of 2003, the Forest Practices Board denied the petition. In August of 2005, the Thurston County Superior Court affirmed the Board’s denial. An appeal was filed in Division II of the Washington State Court of Appeals. The case was argued in the Court of Appeals in May, 2006. 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 (read the WFLC Press Release).

BACKGROUND: In March of 2003, on behalf of twelve conservation groups, WFLC filed a rulemaking petition with the Forest Practices Board arguing that the Board had both the authority and legal duty to adopt a forest practices rule that would prevent multiple SEPA-exempt logging permits from having a significant cumulative adverse environmental impact. Over the past 12 years, two Courts have found that the Board has failed to properly apply the State Environmental Policy Act to forest practices.

Read our briefing in the Court of Appeals.

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