4-4-2001
Shorelines lawsuit against DOE
gains momentum

The coalition lawsuit to appeal, the Washington State Department of Ecology’s (DOE) revised Shorelines Master Program Guidelines is picking up speed against the government agency.

Participation in the coalition has quickly grown to 53 co-plaintiffs and include 17 business and trade organizations, four cities, 28 counties, including Clark and Thurston Counties, and two private property owners.

An elated Bob Camp, president of the Building Industry of Washington (BIAW), which filed the original suit, said, “The decision by Thurston County, the home territory of DOE and a traditionally liberal county, to join the appeal sends a strong message to the Legislature and Governor that these Guidelines far exceed the agency’s authority and unfairly impose costs on property owners and state taxpayers.”

The coalition has challenged both the process and substance of the guidelines, which were created behind closed doors with the federal National Marine Fisheries Service (NMFS) with no public input.

The guidelines, which clearly far exceed the authority granted to DOE by the Legislature, severely restrict activity on the state’s 20,000 miles of river, lake and coastal shorelines, and have drawn strong opposition from the general public as well.

A protest rally held at the capitol in March drew over 200 disgruntled property owners, farmers and ranchers. It brought into focus the increasing rural-urban chasm, as financially strapped rural counties are forced to sacrifice much needed economic development in the name of increased environmental protections. This sentiment was echoed by the speakers at the rally, including property rights activist and author of The Great Salmon Hoax, James Buchal, Representative Joyce Mulliken (R-Ephrata), and local legislators Senator Tim Sheldon (D-Shelton) and representative Beverly Woods (R-Poulsbo).

Legislators, angry that DOE ignored the legislative process by enacting rules that far exceed their authority, have introduced legislation to stymie DOE’s efforts. Several key legislators from both sides of the aisle, including Senate Majority Leader Sid Snyder (D-Long Beach), are backing bills that range from rolling back the guidelines, to requiring legislative review and approval before local implementation, to exempting more than two thirds of the state from the mandate to update local Shoreline Master Programs consistent with the revised guidelines.