State Owned Forests v. Sutherland
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Washington State Supreme Court No. 76431-0
Washington State Court of Appeals No. 52250-7-I
King County Superior Court No. 02-2-20534-8SEA
CLIENT: Washington Environmental Council and Kettle Range Conservation Group
STATUS: The Court of Appeals issued a decision reported at State Owned Forests v. Sutherland, 124 Wash.App. 400,101 P.3d 880 (2004). The Supreme Court denied the plaintiffs’ Petition for Review in July 2005, terminating this case.
BACKGROUND: On behalf of WEC and KRCG, WFLC filed a lawsuit challenging the adequacy of environmental review of the DNR’s three-year extension of its 1992 Forest Resource Plan. The complaint sets out in detail the twenty year history of DNR’s failure to analyze the cumulative effects of state logging on public resources (fish, wildlife, water quality and quantity). Unfortunately, DNR argued and the Court of Appeals agreed that the Forest Resource Plan is not subject to appeal under the Administrative Procedures Act, and dismissed the case. The merits were never argued in court.
