LOCAL NEWS

WA Supreme Court rules on multiple benefits of trust lands

Jul 22, 2022, 10:57 AM

trust...

Capitol State Forest (DNR)

(DNR)

SPOKANE, Wash. (AP) — The Washington state Supreme Court on Thursday ruled the Department of Natural Resources can continue to manage state trust lands for the financial benefit of schools and other institutions, but can also look at other ways to ensure that such lands are managed to benefit all residents.

‘Transformative’ changes for Washington schools? Top educator pitching new policies

In a unanimous decision, the justices decided that while the present system was legal, there were additional uses of trust lands to benefit the public.

The current DNR policies provide “a benefit to the general population by boosting local economies as well as maintaining stronger and better-funded public systems of education and governance,” the court ruled. “DNR’s discretionary land management strategies are neither unconstitutional nor arbitrary and capricious.”

But the high court also ruled that while DNR was not required to generate revenue specifically from timber harvests on state lands, they may elect to do so because of their discretion as trust managers. The agency is also not required to prioritize revenue maximization in their land management.

Commissioner of Public Lands Hilary Franz, who heads DNR, said she realizes the agency must do everything it can to protect public lands in the face of climate change.

“Today’s ruling affirms DNR’s position that it has discretion under the constitutional and legislative mandate to manage public lands on behalf of the communities we serve and ensure our public lands are providing the greatest environmental, social, and economic good,” Franz said. “This is why DNR has made climate resilience and long-term sustainable land use a core part of our work.”

Wyatt Golding, an attorney for the environmental groups, called the decision “thoughtful and well-reasoned.”

“Our message was that DNR must balance the generation of revenue from logging with the public interest,” Golding said.

“The battle we’ve been fighting is to achieve a fair balance,” Goldman said. “We have argued that the management of these lands has historically been pushed to maximize revenue. We have never fought to end all timber harvest on state lands.”

”DNR and the Legislature now can design 21st Century forest management that meets the challenges we face today,” Golding said.

Environmental organizations Conservation Northwest, Washington Environmental Council, and Olympic Forest Coalition, as well as eight community members, brought forth the lawsuit arguing that the state constitution requires that the federally-granted public forestlands managed by the state Department of Natural Resources (DNR) are “held in trust for all the people.”

“The court issued a monumental conservation ruling,” said Mitch Friedman, executive director of Conservation Northwest. “Over coming years and decades, this ruling will be cited in support of nature-protection policies made by the Legislature and the DNR.

Upon Washington’s statehood in 1889, the federal government granted the state 3 million acres of land, designated to support public institutions, including K-12 school construction and state universities. Approximately 1.5 million acres of the federally-granted state trust lands are forested.

The state Constitution states that “all the public lands granted to the state are held in trust for all the people.”

The state’s focus on generating revenue leads to intensive logging of public lands, in contrast to a more balanced approach of logging, employment, promoting forest health and fisheries, and sequestering carbon, the lawsuit said.

“Washingtonians should not be forced to choose between logging revenue and healthy forests that protect local air, water, and habitat— particularly in a time of climate crisis, as well as decline and extinction of species,” the environmental groups contended.

The plaintiffs in 2020 filed a lawsuit against DNR in King County Superior Court, calling for management of lands for the benefit of all people. The lower court ruled in favor of DNR, and the case then went to the state Supreme Court.

Local News

seattle drug possession...

L.B. Gilbert and Frank Sumrall

Councilmember Nelson: Failed drug possession law is ‘not the War on Drugs’

The Seattle City Council voted 5-4 against a bill that would have given City Attorney Ann Davison the authority to prosecute people for drug possession.

22 hours ago

Seattle Home for Sale...

Bill Kaczaraba

Expert: ‘We will never see interest rates of 3% or lower ever again.”

The glory days of 30-year mortgage rates of  3% or less may be in the rearview mirror.

22 hours ago

rental assistance fraud...

L.B. Gilbert

6 charged in ‘one of the largest’ rental assistance fraud cases ever

Federal prosecutors call it one of the country's most prolific rental assistance fraud cases, with the culprits facing a 26-count indicment

22 hours ago

Boeing lawsuit stealing...

Bill Kaczaraba

Boeing accused of stealing trade secrets in new lawsuit

Boeing is facing another lawsuit, this time, the aerospace giant is being accused of stealing trade secrets to build a moon rocket.

22 hours ago

Seattle schools decrease gun violence...

L.B. Gilbert

Seattle Schools unveils new safety plan to decrease gun violence

Seattle Public Schools (SPS) announced several security improvements to help decrease gun violence across the district.

22 hours ago

Funko headquarters...

Bill Kaczaraba

No fun at Funko as move from Everett goes south

Everett took a big hit when Funko moved a large part of its operations to Arizona. Now, the bobblehead company faces a class action lawsuit.

22 hours ago

Sponsored Articles

Medicare fraud...

If you’re on Medicare, you can help stop fraud!

Fraud costs Medicare an estimated $60 billion each year and ultimately raises the cost of health care for everyone.

Men's Health Month...

Men’s Health Month: Why It’s Important to Speak About Your Health

June is Men’s Health Month, with the goal to raise awareness about men’s health and to encourage men to speak about their health.

Internet Washington...

Major Internet Upgrade and Expansion Planned This Year in Washington State

Comcast is investing $280 million this year to offer multi-gigabit Internet speeds to more than four million locations.

Compassion International...

Brock Huard and Friends Rally Around The Fight for First Campaign

Professional athletes are teaming up to prevent infant mortality and empower women at risk in communities facing severe poverty.

Emergency Preparedness...

Prepare for the next disaster at the Emergency Preparedness Conference

Being prepared before the next emergency arrives is key to preserving businesses and organizations of many kinds.

SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!

WA Supreme Court rules on multiple benefits of trust lands