Contact:
PO Box 40100
Olympia, WA 98504-0100
E-mail
The Natural Resources Division is comprised of 14 attorneys and 9 professional staff. The division represents the Commissioner of Public Lands, Department of Natural Resources (DNR), Board of Natural Resources, Forest Practices Board, and other related boards and committees.
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The division provides a broad spectrum of client advice, dispute resolution and litigation services. DNR manages over 5 million acres of forest, range, commercial, agricultural, and aquatic lands. Since 1970, DNR-managed lands have generated more than $6 billion. DNR also administers several programs designed to protect riparian areas, Natural Resource Conservation Areas and Natural Area Preserves. DNR has fire protection responsibilities and supports the Forest Practices Board in protecting public resources on 12 million acres of state and private forest lands, regulates surface mine reclamation, and provides technical assistance for forestry and mining.
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Alpine Lakes Protection Society v. Washington State Forest Practices Board: A group of environmental organizations sought judicial review of the Forest Practices Board's denial of a petition for rule making to address alleged cumulative impacts of forest practices. The Forest Practices Board’s denial of the petition was upheld by Thurston County Superior Court and the Court of Appeals. The Court recognized the discretion the Legislature placed with the Forest Practices Board to establish forest practices rules and concluded that the Board did not have a mandatory duty to adopt a cumulative impacts rule requested by the environmental organizations. The Supreme Court denied the environmental organizations’ request for review.
Seattle Audubon Society & Kittitas Audubon Society v. Sutherland: Two Audubon groups filed a citizen's suit under the federal Endangered Species Act, claiming that the State's permitting of forest practices in certain northern spotted owl habitat violates the ESA. Weyerhaeuser Co. was also named due to recent timber harvests in SW Washington. All parties reached a settlement agreement and the case has been dismissed. Under the settlement of the State issues, the parties proposed a collaborative Policy Working Group on Northern Spotted Owl Conservation that has now been established by the Washington Forest Practices Board. The purpose of the Working Group is to recommend measures that result in strategic contributions from non-federal lands in Washington to the broader goal of conservation of a viable population of the Northern Spotted Owl.
Fire Suppression Recovery Claims: The division recovered nearly $3.3 million in fire suppression recovery claims this fiscal year. Gateway Fire: $367,000 for a fire south of Cheney, Washington in July 2006, that was started when sparks from a grinder ignited the surrounding fuels and burned 111 acres. Twin Fire: $47,000 for a fire in Mason County in the summer of 2007 that started when a developer let a slash pile burn get out of control. Broughton Mill Fire: $673,850 for a fire started near White Salmon, Washington in September 2007, that started from track grinding operations by Burlington Northern Santa Fe Railway and destroyed approximately 150 acres of land, six houses, and several outbuildings before it was contained. School Fire: $2.2 million in fire suppression costs and $62,000 in property damages for a fire in Columbia County, Washington that started in August 2005 when a dead tree near the utility right of way collapsed onto a 14,400 volt electrical line and burned approximately 52,000 acres of public and private lands and destroyed over 200 structures.
Skagit County v. State: This case involves a challenge to legislation establishing the Lake Whatcom Landscape Plan (“Plan”) and its implementation on State Trust Lands in the Lake Whatcom watershed. Plaintiffs, beneficiaries of the trusts impacted by the Plan, filed a summary judgment motion arguing that the State breached the fiduciary duties owed to Plaintiffs. Intervenor-Defendants, local governments and an environmental group, filed a cross-motion for summary judgment arguing that the lands in question are not held in trust for particular beneficiaries and need not be managed according to fiduciary standards. Skagit County Superior Court Judge Cook ruled that: (1) under County of Skamania v. State and AGO 1996 No. 11, the lands in question are managed under real trusts with fiduciary responsibility (Skamania controls the analysis of trust land management whether the issues raised are economic or environmental), and (2) whether a breach occurred was a factual question that should be addressed at trial. The parties have agreed to mediate the remaining issues.
Lake Union Drydocks Company (LUDC) v DNR: This case concerned DNR calculation of LUDC’s rent for use of aquatic land in Lake Union. LUDC wanted to only pay $1.93 an acre; DNR thought $26,000 an acre, the average that all the other tenants pay, was more consistent with the statutory scheme. Division II of the Court of Appeals agreed with DNR, holding DNR acted within its statutory authority and consistent with legislative intent.
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Proprietary Issues: The division provides client advice and litigation support to DNR in its land management transactions, decisions and issues. DNR’s transactions include monthly timber sales as well as purchases, sales, exchanges, and leases of forest lands, commercial properties, agricultural lands, aquatic lands, and sales of geoduck on aquatic lands. These transactions often raise issues involving the Forest Practices Act, State Environmental Policy Act (SEPA), Growth Management Act, hazardous waste laws, water rights, and the Endangered Species Act. Attorneys in this division assist DNR is resolving liability issues under the federal CERCLA (Superfund) or the State Model Toxics Control Act. The division also assists DNR in programmatic decisions about its land management, including development of a Habitat Conservation Plan to address threatened and endangered species. The division represents DNR in trespass cases, boundary line disputes and quiet title actions. The situations range from expired leases where tenants refuse to re-sign a lease or to pay rent, to cases where property boundaries or ownership are in dispute. The division assists DNR in their efforts to determine which rivers and streams throughout Washington state are navigable and thus owned by the state. DNR faces increasing pressure to keep state lands available to the public for recreation. Indian tribes also desire access to state lands for purposes of hunting and gathering of cultural resources. Division attorneys provide advice and representation in increasing litigation surrounding issues related to access.
Regulatory Programs: The Forest Practices Board adopts rules that DNR implements in regulating forest practices. The division assists the Board in its rule-making efforts and represents it in challenges to its rules and other actions. The division also assists DNR in implementation and enforcement of the forest practice program and in quasi-judicial and judicial review of forest practices decisions. DNR regulates surface mining reclamation and oil and gas exploration and the division assists with client advice matters and in quasi-judicial and judicial review of these decisions.
Fire Cost Recovery: DNR has a statutory right to collect its fire suppression costs when a third party’s negligence is responsible for the starting or existence of a fire which spreads on certain forest land and under other enumerated circumstances. The division works closely with key program personnel to establish a framework for the investigation of forest land fires and the processing of meritorious fire suppression claims.
Derelict Vessel Removal Program: This program was created in 2002 to provide a comprehensive mechanism for solving the problems of derelict and abandoned vessels on state waters. The program provides funding and expertise to designated state and local agencies to remove and dispose of vessels on state aquatic lands and adjoining private aquatic lands. The division has successfully defended a challenge by a vessel owner who questioned the factual basis for finding his vessel to be derelict and is currently defending a constitutional challenge to the Derelict Vessel Removal Program. The division is also assisting DNR as it develops a new administrative review process for contesting actions under this program.
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