The Washington Court of Appeals reversed a Washington Superior Court order requiring the Washington State Department of Natural Resources (DNR) to assess the site-specific climate impacts of the proposed harvesting of 100 acres of forest land held in trust by the State. The Court of Appeals found that the petitioners did not meet their burden to show that DNR’s reliance on a “landscape level” analysis of climate change impacts and carbon emissions of the timber harvest was clearly erroneous. In addition, the Court of Appeals found that the petitioners did not meet their burden to show that DNR erred by relying on a 2019 final environmental impact statement rather than on a 2020 carbon inventory or a 2019 letter that developed a modified and expanded life-cycle assessment of forest sector emissions and sequestration from plots in Washington, Oregon, and California. The court indicated that DNR considered those studies but found them to be distinguishable. The Court of Appeals also rejected the petitioner’s contentions that DNR failed to take a hard look at greenhouse gas emissions, the loss of carbon sequestration capacity, or increased vulnerability to climate change. The Court of Appeals concluded, however, that DNR was required to conduct an alternatives analysis under the State Environmental Policy Act because the timber sale “presents a situation involving a choice between uses,” e.g., cutting down trees versus setting aside mature forest components as carbon reserves.

Challenge to the Determination of Nonsignificance for a timber sale on lands managed by the Department of Natural Resources.

Center for Sustainable Economy v. Washington State Department of Natural Resources

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Washington Court of Appeals Said Site-Specific Assessment of Timber Sale’s Climate Impacts Was Not Required

Filed

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Using laws and the legal system more broadly to protect vulnerable entities

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt terrestrial systems to climate change.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Actions to reduce emissions in energy generation and supply.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

The activities of industries that transforms raw materials into finished goods through industrial processes.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Activities that relate to the production of goods and services from forests.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Washington Court of Appeals Said Site-Specific Assessment of Timber Sale’s Climate Impacts Was Not Required

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance