Olympic Forest Coalition, WEC & Conservation NW argue case in WA Supreme Court today

This is the kind of lawsuit I find very useful. Status quo is not always legally correct, and challenging the notion that the only thing we can do with public forests is cut them for educational funding has never seemed correct. Our naive ancestors thought that what seemed like endless supplies of trees could fund education forever. We now know how simplistic that idea was. So we’ll find out if the court agrees. Big ramifications if they do. Everyone in this case are folks I’ve met and have a great deal of respect for their stances.


OFCO and colleague plaintiffs Washington Environment Council and Conservation Northwest, and individual plaintiffs Marcy Golde, Peter Bahls, et al, are before the Washington Supreme Court this Thursday, October 21st at approximately 10:00 AM in the “All the People” case. The lawsuit seeks to remove a barrier to balanced and ecological forest management by giving DNR the discretion to pursue timber harvest alongside other benefits. Timber production and associated revenue for beneficiaries, carbon management promoting climate stability, protections of clean water, species and habitats and against landslides and floods during extreme weather events, regrowth of older, complex forests for future generations, as well as non-timber forest products, cultural value, and recreation.

Our lawyer, Wyatt Golding from Chestnut Zioinzt, will argue the case for “All the People” of Washington (Conservation NW, et al. v. Commissioner of Public Lands et al., No. 99183-9). The case centers on the interpretation of the Washington Constitution and the federal land grant when we became a state. Article 16, Section 1 of the Washington State Constitution states that “all the public lands granted to the state are held in trust for “all the people”.


You may watch the hearing on state TVW.

See https://www.tvw.org/watch/?eventID=2021101173

Swan-saving project complete at Kirner Pond – PDN

Good news of groups working together to protect habitat for birds.


A multi-agency, private-public effort to help trumpeter swans safely depart from their seasonal home on Kirner Pond is complete…Local bird advocates came together to start a GoFundMe fundraiser that kicked off on Jan. 25, and it quickly raised more than the goal of $65,000. Those funds, along with in-kind labor and efforts from Clallam PUD, helped fund the work to bury the power lines clearing the way for the trumpeter swans to take off from the small pond located about a mile west of the Woodcock/Sequim-Dungeness Way intersection. Michael Dashiell reports. (Peninsula Daily News) Subscription required.

https://bit.ly/3ANwnY4

://bit.ly/3ANwnY4

Philanthropists pledge $5B to save threatened species – Washington Post

Good news for environmental organizations. More money to fund their work is always a positive step, since so many are hurting with the Pandemic. Also these wealthy Philanthropists have seen their stocks soar in the last year. Since our government gives them such low taxes, this is at least one way for them to pay back.


A group of philanthropists pledged $5 billion by 2030 to help conservation and protect biodiversity around the world. Steven Mufson reports. (Washington Post)

Philanthropists pledge $5 billion to save threatened species 

Dungeness Wildlife Refuge -Opposition to the leasing of the refuge to aquaculture

This is the latest update from Janet Marx who is one of the people leading the opposition to this ill conceived idea. Since I first published this yesterday, I’ve already received mail wondering why this is a problem at all and why the Tribe shouldn’t just have their way with creating a commercial aquaculture farm inside the refuge. Beyond the absurdity of saying because something was allowed once that we still should, (should we open all our national parks to unrestricted commercial activity because it once was allowed there?), I published the following some time ago in this blog:

This web site has published the letter of concern from the Refuge Manager.

As stated by the Department of Interior letter, “The shores and tidelands in this area provide some of the most important wildlife habitat and supports the highest density of waterfowl and shorebirds within the refuge….These shorelines also support one of the largest Brandt haul out sites in the state of Washington….Shorebird densities are highest within the action area and the adjacent lagoon on Graveyard Spit.”

“Human-caused wildlife disturbance and habitat loss are two of the most pervasive threats to shorebird and waterfowl use of the Salish Sea….very little information is available on entrapment resulting from aquaculture structures.”

Actually there is a great deal of photos widely available on the web with a little searching, of entrapment of wild animals by aquaculture structures.

But now, let’s return to the information put out by Janet Marx:


This is what we’ve been up to since the Department of Natural Resources (DNR) signed the lease allowing the shellfish operation within the Dungeness Wildlife Refuge.

1)  Contacting Media – We have sent out press releases to state and national newspaper and radio media.  We have received some interest; however, follow up will depend on our actions.  See below.

2)  Reading and reviewing Corps of Engineers and DNR decision- making documents for future use.3)  Seeking legal advice.

3)  Continuing written contact with DNR regarding their explanation of why they issued  the permit.  We encourage you to write or phone DNR requesting they rescind the permit.

4)  A sign waving and printed handouts event is currently scheduled for Saturday, October 2nd, 10am to 3pm near the Refuge.  Please contribute time that morning or afternoon.  Show up and make the public and media take notice. 

Please email or give me a call by September 24 if you will be with us on October 5th.  We will send you detailed information.

Janet Marx

 janetmarx_76@msn.com

The Cotton Tote Crisis – NY Times

Here’s hoping that this article will have you turning down any more cotton totes if you already have lots of them. Another of our unintended consequences of trying to do right without thinking through the problem to the end. We can still choose to say no instead of just collect more and more of these things.

Cooke Aquaculture Secures Permit to Stock Risky Washington Fish Farm

From the Wild Fish Conservancy. Reproduced in it’s entirety.

Cooke Aquaculture Secures Permit to Stock Risky Washington Fish Farm
For Immediate Release, August 6, 2021


SEATTLE— Despite ongoing litigation and timing questions regarding the lease for the facility, the Washington
Department of Fish and Wildlife has granted fish farming giant Cooke Aquaculture a permit to stock its Hope Island
facility in-water net pens with steelhead.


A group of conservation groups challenged the initial permits for stocking steelhead in Cooke’s net-pens, and that
challenge will be heard by the Supreme Court of Washington in September. Fish farms can degrade water quality,
introduce disease to native fish populations and threaten imperiled animals like the Southern Resident orcas.
But the new permit, signed August 5 by the department, will allow for 365,000 steelhead to be transported and placed
in Cooke’s facility off Hope Island in south Puget Sound before the court’s decision.


“We feel blindsided by this fast-moving process, which could cause major environmental damage,” said Sophia
Ressler, Washington wildlife attorney at the Center for Biological Diversity. “The stocking of this facility has the
potential to contaminate our waters and threaten the species that are so dear to our Puget Sound ecosystem.”
The lease for the facility expires in March 2022. Based on Cooke’s own timeline, this is long before the rearing of the
365,000 steelhead at this facility would be complete. Without a valid lease for this farm beyond that deadline, Cooke
would be required to remove these fish and relocate them.

“Right now, Washington’s highest court is deciding whether Cooke Aquaculture’s new project should have ever been
approved. Before the end of the year, the court could invalidate every permit granted to Cooke and require the
comprehensive environmental review demanded by Tribal Nations, elected officials and thousands of members of the
public,” said Kurt Beardslee of Wild Fish Conservancy. “This decision to approve the transport of fish into Puget
Sound net pens while the court’s decision is pending is fundamentally reckless and further demonstrates an alarming
pattern of state agencies putting the wishes of a billion-dollar industry ahead of wild salmon recovery, tribal treaty
rights and the public’s best interest.”

“The state failed the public and our imperiled wild fish when it granted these permits and allowing stocking to go
forward while our case is pending at the Washington Supreme Court is the epitome of irresponsible,” said Amy van
Saun, a senior attorney with the Center for Food Safety. “Industrial fish farming is not in the public interest.”
“We are dismayed to see the Washington Department of Fish and Wildlife again greenlighting Cooke’s plans to
industrially farm steelhead in Puget Sound,” said Hallie Templeton, senior oceans campaigner and deputy legal
director at Friends of the Earth. “That this permit has been issued before oral arguments in our appeal over the
agency’s aquaculture permit is a slap in the face to all Washingtonians and the wildlife who depend on a clean and safe
Puget Sound.”

Background

Following a catastrophic failure at one of Cooke’s facilities in 2017, Washington state passed a law phasing out all
Atlantic salmon net-pen aquaculture by 2022. The permits issued by the Department of Fish and Wildlife allow Cooke
to continue operating its net pens, which are placed directly into Puget Sound waters, by growing steelhead instead of
Atlantic salmon.

During a public comment period in fall 2019, thousands of Washington citizens and organizations filed comments
with the state agency, overwhelmingly calling for the proposal to be stopped and urging the state to draft a new
“environmental impact statement” on open-water aquaculture net pens.
Instead the state wildlife department issued a permit that relied on a cursory analysis and “mitigated determination of
non significance.” The calls for deeper scrutiny came from environmental advocates, commercial fishers and anglers,
legislators, other state agencies and at least five tribal governments from the lands around Puget Sound.
Washington is the only state on the Pacific coast that permits these facilities. At the beginning of 2020, Canadian
Prime Minister Justin Trudeau announced plans to transition all open-water industrial aquaculture in British Columbia
to land-based facilities by 2025.

The conservation groups that brought this challenge are represented by Kampmeier & Knutsen, PLLC and by
attorneys at the Center for Food Safety and Center for Biological Diversity.
Additional Information:
• Open Brief (filed 2-11-20)
• More Information on the Lawsuit (press release 11-23-20)
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places. http://www.biologicaldiversity.org Wild Fish Conservancy is a nonprofit conservation ecology organization headquartered in Washington State and dedicated to preserving, protecting and restoring the northwest’s wild fish and the ecosystems they depend on, through science, education and advocacy. For more information: http://www.wildfishconservancy.org
Center for Food Safety’s mission is to empower people, support farmers, and protect the earth from the harmful impacts of industrial agriculture, including aquaculture. Through groundbreaking legal, scientific, and grassroots action, we protect and promote your right to safe food and a healthy, resilient environment.
Friends of the Earth fights to create a more healthy and just world. Our current campaigns focus on promoting clean energy and solutions to climate change, ensuring the food we eat and products we use are safe and sustainable, and protecting marine ecosystems and the people who
live and work near them

Salmon-killing tires get congressional hearing – KUOW

This is a must needed first step towards changing the equation to what may prove to be one of the root causes of our loss of salmon. Worth noting that no Washington State representatives are on this committee (why? I don’t know). It also appears that it is populated by far more Republicans than Democrats. Again. Why? I don’t know.


A study that pinpointed a chemical from car tires as the cause of salmon die-offs in West Coast creeks has prompted a congressional hearing. The toxic effects of tire dust and skid marks on coho salmon were the subject of a U.S. House of Representatives Natural Resources Committee hearing Thursday. Washington State University researcher Jenifer McIntyre said 6PPD-quinone, a chemical recently discovered in used tires, has been washing off roadways and killing coho salmon. John Ryan reports. (KUOW)

Salmon-killing tires get congressional hearing

Company drops plan for $2.3B methanol plant in southwest Washington – AP

Thanks to those who stood up, used lawsuits and pressure on our legislators to end this debacle. If we are going to get to a clean energy future, we need to end the continued expansion of products and jobs that rely on them. Then there were the possible effects of shipping disasters. We are going to end up paying for this choice in higher costs of plastics we continue to use, but there is no free lunch. 

A company backed by the Chinese government on Friday ended its seven-year effort to build one of the world’s largest methanol plants along the Columbia River in southwestern Washington, following a series of regulatory setbacks and a long debate over its environmental footprint. Northwest Innovation Works proposed a $2.3 billion project to take fracked natural gas from Canada and convert it into methanol, which it would then ship to China to make ingredients for plastics used in everything from iPhones to clothing to medical devices. The state Department of Ecology denied a key permit for the project in January, saying it would create too much pollution and have negative effects on the shoreline. On Friday, the company notified the Port of Kalama it was terminating its lease, saying the regulatory environment had become “unclear and unpredictable.” Gene Johnson reports. (Associated Press)

https://www.knkx.org/post/company-drops-plan-23b-methanol-plant-southwest-washington

Lawsuit Adds New Protections and Increased Foraging Opportunity for Starving Southern Resident Killer Whales – Wild Fish Conservancy

Wild Fish Conservancy put out this update on their work last week. It is interesting to note the details of what we are told about the government desire to protect and restore wild salmon versus the actual regulations that they are creating. I’ll reproduce the whole email here. But first, why is this information important to us here? 

Our Governor and fisheries management people publicly state that they are fighting to protect wild salmon stocks. Wild Fish Conservancy spends the time to be in the meetings and review the actual laws that are being passed, both state and federal to bring these goals to a reality. 

It appears that even with the best of intentions, the goals are washed out in the process, eventually continuing the practices that have led us here, with what seems like ‘greenwashing’ the work. Why? 

That a 10 year agreement between the U.S. and Canada of over 100 pages of work governing our joint salmon stocks would not include any reference to Southern Resident killer whales or their forage needs seems more than an oversight. 

We cannot rely on government to take a strong stance in their efforts to save the wild stocks. The pressures (in terms of real dollars) on them are too great to expect them to have the backbone to accomplish them. While so many organizations talk about actually taking the steps to restore salmon Wild Fish Conservancy is willing to sue to make sure the science is implemented in law. I dislike lawsuits, but at times, they are the only tool left, before all the salmon are gone forever.

As Kurt says at the end of this email: Despite NOAA’s acknowledgement that the current harvest rates are harming both ESA-listed Chinook and orcas, they continue to authorize the fishery to operate business as usual, citing speculative and unproven plans to mitigate this harm. To date, this hypothetical mitigation has yet to be implemented, yet the fishery continues to harvest at the expense of both protected species.

I applaud their efforts in an era when too little is being done to stand up to industry and government inaction and hope you will support their work as you can.

__________________________________

NEW PROTECTIONS
This week, as the result of a lawsuit by Wild Fish Conservancy and the Center for Biological Diversity, federal fisheries managers announced a proposal to increase protections and foraging opportunity for the starving Southern Resident killer whale population.

The action comes in the form of a newly proposed amendment to the Pacific Coast Salmon Fishery Management Plan, which guides the management of all salmon fisheries in Federal waters off the coast of California, Oregon, and Washington.

Once adopted, the newly proposed ‘Amendment 21’ will finally acknowledge and address the complex prey needs of the critically endangered Southern Resident killer whale population by limiting non-tribal commercial Chinook salmon fishing in years of low Chinook salmon abundance to protect foraging opportunities for the orcas. Killer whale scientists have identified lack of available prey as the primary cause of the Southern Resident’s decline.

These new protections are the result of a 2019 lawsuit challenging NOAA Fisheries for failing to acknowledge the overwhelming evidence that the current management plan governing these West Coast fisheries is harvesting prey critical to the survival of the Southern Residents, especially in years of low Chinook abundance.

The fisheries’ impacts on the protected orca population had not been formally analyzed since 2009. Our lawsuit called for the agency to conduct a new analysis, as required by the Endangered Species Act, that considered over a decade of new scientific information about the reason for the population’s decline, their relationship to salmon, and the impacts of prey depletion on their survival and recovery. NOAA Fisheries finally agreed to conduct a new analysis which confirmed current management was not sufficient to meet the needs of the endangered Southern Residents and that actions would need to be taken to improve foraging opportunities for the starving whales, leading to the proposed new amendment.

SETTING A NEW PRECEDENT
As an action alone, the new amendment is a small step forward when considering the scope of the crisis facing the Southern Resident killer whales. At the same time, this action represents the beginning of a fundamental shift in how federal agencies should be managing commercial salmon fisheries. 

Amendment 21 sets a new precedent that says it is no longer acceptable to fundamentally ignore the prey needs of federally-protected killer whales when managing commercial salmon fisheries.

 

Below we’ve shared information about another lawsuit filed by Wild Fish Conservancy in 2020 over harvest practices in Southeast Alaska that are contributing to the decline of both Southern Resident killer whales and Puget Sound Chinook. Amendment 21, and the underlying litigation, have set in motion important momentum critical to the outcome of this second ongoing lawsuit.

A COASTWIDE THREAT
The Pacific Coast Salmon Fishery Management Plan is not unique. For decades, commercial salmon harvest plans authorized by federal and state officials throughout the coast have ignored or failed to adequately address the prey needs of the Southern Residents. When fishery managers come to the table to make critical salmon harvest and allocation decisions, the whales are often not considered as a “stakeholder”, despite the population’s continued decline toward extinction and federal protected status.

A primary example is the Pacific Salmon Treaty, an international agreement between the United States and Canada that governs the management of all Pacific salmon stocks of mutual concern and is the most consequential and far-reaching management plan governing commercial salmon fisheries in Washington, British Columbia, and Alaska. In 2018, the public had the opportunity to review the Pacific Salmon Treaty’s new 10-year agreement, which will be in affect through the year 2028. In the over 100 page document, there is not a single mention of the Southern Resident killer whales, let alone their foraging needs.

Last month, Wild Fish Conservancy submitted our summary judgement motion in another lawsuit against NOAA Fisheries launched in 2020 over the authorization of harvest in the Southeast Alaska Chinook troll fishery that is pushing both Southern Residents and wild Chinook populations in the northwest closer to extinction, a conclusion NOAA acknowledges in their own 2019 analysis of the fishery.

The Chinook troll fishery operates 10-months of the year outside of Southeast Alaska and is considered a mixed-stock fishery, meaning a fishery where Chinook are indiscriminately harvested regardless of their protected status, age, hatchery or wild origin, and what river they originated from.

Nearly all of the fish harvested in this fishery will go on to be marketed as sustainably-certified, wild-caught Alaskan Chinook. However, data confirms 97% of the Chinook harvested in the fishery originate from rivers in British Columbia, Washington, and Oregon. If given the opportunity, these Chinook would migrate back down the coast serving as the primary prey for the Southern Resident killer whales as the Chinook pass through the whale’s key forage areas. Instead, these fish are being harvested outside of the range of the whales and at levels that federal fishery managers acknowledge are unsustainable for the long-term survival and reproductive success of the Southern Resident population.

At the same time, wild Chinook are being harvested regardless of their origin and status under the Endangered Species Act, which further impedes the recovery of critical Chinook populations throughout the Pacific Northwest the whale’s depend on. 

Despite NOAA’s acknowledgement that the current harvest rates are harming both ESA-listed Chinook and orcas, they continue to authorize the fishery to operate business as usual, citing speculative and unproven plans to mitigate this harm. To date, this hypothetical mitigation has yet to be implemented, yet the fishery continues to harvest at the expense of both protected species. The insufficiency and hypothetical nature of the mitigation is at the heart of Wild Fish Conservancy’s arguments in this case. We will be sure to continue to update you as this extremely consequential lawsuit moves forward over the coming months.

Response from Alexandra Morton on yesterday’s article

Yesterday, I published an article here about new research findings of the spread of Picene Orthoreovirus from farmed salmon to wild stocks. In it, I described some of the work that Alexandra Morton had done to bring this to the attention of the world. After reading the article, a local radio host has reached out to her to have her on and discuss her work. During the email exchange, Alexandra talked about the history of the attacks by the salmon farming industry on her, which I had mentioned happening in our local Marine Resources Committee. Here is an excerpt of her response. Unfortunately my blog entry does not allow me to publish PDFs, so I am posting a link to the folder on my web site to download and view the documents if you are interested. 

From Alexandra: “Yes, they like to say I am not a scientist, and yet I was the first to publish that the PRV in British Columbia was a match for PRV in Lofoten Norway (attached), and now 8 years later it would appear I was right.  I have also published on the spread of the virus into wild salmon…  The trouble with these claims is that I am published in some of the top scientific journals in the world, and despite their efforts to get my papers retracted, they have failed.

They have been completely silent about my new book wherein I detail internal DFO/industry communications.”

 

The link to the files is here. I’ll leave it up for 14 days, and then if you want it contact me directly. The radio interview will come out later this month or next. I’ll post when it does. 

https://mountainstoneconsulting-my.sharepoint.com/:f:/p/alb/Eq-IeJs3chpCj8Yfjm_uR1wB84-GXNSLL7D4LgWy7pF54A?e=2eQO35

Dabob Bay Public Hearing canceled. New date to come.

Friends of Dabob Bay,
DNR announced today that the Public Hearing scheduled for tomorrow May 13 in Quilcene has been canceled and will be rescheduled:

DNR has received requests to include remote internet access for this meeting due to concerns regarding COVID-19. DNR is rescheduling this meeting in order to address this request, and will send out new notice when the date and time have been chosen.

The public hearing will likely be rescheduled in July or later, because DNR will need time to provide public notice.

For those of you who have already submitted comments of support – THANK YOU – they are showing DNR and our County Commissioners that there is a lot of support for Dabob Bay conservation – but consider it a draft run. You will need to resubmit comments when the public hearing is rescheduled. If you have not yet submitted comments – save your energy! I will keep you posted!

Seabed mining opponents off WA Coast find win in legislature – Public News Service

Finally we have a ban on seabed mining off the coast. Thanks to everyone who pushed this bill. Sad it took a Democratically controlled legislature to pass it. This article explains why it’s a good thing.


Gov. Jay Inslee signed a seabed mining ban into law Monday. The measure prohibits mineral extraction within three miles of Washington’s coastline. It received nearly unanimous support in the Legislature, except for two “no” votes in the House. Lee First, co-founder of Twin Harbors Waterkeeper, helped mobilize businesses and conservation organizations to support the ban. Eric Tegethoff reports. (Public News Service)

Seabed Mining Opponents Off WA Coast Find Win in Legislature

Puget Sound Days on the Hill -Puget Sound Partnership

We’d like to remind you to register by 1:59 p.m. Pacific Time tomorrow, Thursday, May 6, for the third of this year’s virtual Puget Sound Days on the Hill sessions, which will be held on Friday, May 7, from 1:00–2:00 p.m. Pacific Time, hosted by the Puget Sound Partnership and the Northwest Indian Fisheries Commission.

Please click here to register for the May 7 session. The confirmation email will provide the unique Zoom link for the session. 

At this session, we’ll discuss Puget Sound restoration and protection, salmon recovery efforts, climate change adaptation and mitigation, and infrastructure, among other topics, with Representative Dan Newhouse. We will also host a panel discussion, “What’s Happening in D.C.?,” with Morgan Wilson, director of Governor Inslee’s office in Washington, D.C., and Rich Innes of the Meridian Institute. Wilson and Innes will discuss the appropriations process and give an overview of potential upcoming legislation, such as the infrastructure package.

Representative Newhouse will speak for about 25 minutes, including a Q&A component, beginning at 1:30 p.m.

Advance registration is required.

We will send regular announcements with confirmed speakers for the week as well as a registration link for each event. You can also check https://www.psdoth.org for the latest information.


Week 3:

Friday, May 7, 1:00 – 2:00 p.m. Pacific Time

With Representative Dan Newhouse and panelists Morgan Wilson (Governor Inslee) and Rich Innes 

Group sues US over inaction to protect threatened species – OPB

Another day, another environmental lawsuit over the former administrations attacks on environmental protections. We’ll be seeing these for some time to come. 

Decisions by the Trump administration to withhold endangered-species protections for the northern spotted owl, monarch butterflies and other imperiled wildlife and plants could be set aside. That’s the goal of a conservation group’s lawsuit Thursday, challenging inaction on petitions to extend Endangered Species Act protections for several species that warranted them. Monica Samayoa reports. (OPB)

https://www.opb.org/article/2021/04/02/group-sues-us-over-inaction-to-protect-threatened-species/

Local group opposes military use of state parks

The group “No Park Warfare” has organized to oppose the state allowing the Navy to use state parks as military training sites. Count me in as this is another expansion of the never ending reach of the military here in our area. Have we ever been asked to vote on this? Nope. All done through a board of non-elected officials who apparently ignored thousands of emails in coming to their decision. 

 

“S.O.S. WA STATE PARKS ALERT!
Fellow Park Lovers,
We are challenging the
recent State Parks Commission decision to allow Navy SEAL covert
training in our coastal Washington State Parks.
We are a group of everyday citizens who believe we can stop this horrible plan if we all pull together right now. 
Read & Sign our Citizens’ Complaint Letter Here.
Please sign before March 31 when we will submit this letter.

The letter can be found at:

https://noparkwarfare.wordpress.com/

New Challenge to Navy EIS by COER

The Whidbey Island group “citizens of the ebey’s reserve” (COER)   is continuing it’s challenge to the Navy Environmental Impact Statements (EIS). These rubber stamp items never seem to be anything more than a bureaucratic formality rather than a serious opportunity for the public to challenge Navy demands to our waters and air.


The 60-Day Letter 

Threats to Northwest Washington
The United States military is waging a war on Americans and the living environments that are located next to their military installations. Civilians, communities, and the natural environment including the entire Puget Sound estuary have become casualties of that war. In Northwest Washington, the communities and waters—known as the Salish Sea—surrounding the Olympic Peninsula, San Juan Islands, Vancouver Island and Gulf Islands, and Puget Sound are under assault by the Navy…including iconic and endangered species such as the Marbled Murrelet and the Southern Resident Killer Whales (Orcas) and decreasing numbers of salmon. 

Northwest Washington communities have partnered with the military to do their part for national security. In 2018, the Department of Defense (DoD) announced its decision to vastly expand the Navy’s Growler jet program and electronic warfare training over Whidbey Island, the San Juan Islands, and the Olympic Peninsula. The impacts of more jets flying more often include deafening noise, poisoned air, land and water, livelihoods in jeopardy, and harm to threatened species in Northwest Washington. In making its decision, military leadership ignored the objections of citizens, organizations, elected officials, and public agencies. 

Because few public processes exist to ensure citizen input on military issues, SDA and its member groups (together representing 25,000 Washingtonians) have joined forces to seek a balance between the needs of the military and the needs of impacted communities. SDA encourages economic diversification and defends policies and institutions designed to preserve our land, air, water, and wildlife. 

COER, a founding group member of the Sound Defense Alliance has initiated legal action against the Navy’s Final Environmental Impact Statement, as well as other legal challenges over the past 8 years, including the attached 60-day Notice of Intent to Sue under the Endangered Species Act. 

The attached 60-day notice alerts government agencies of their violation of Section 7 of the ESA for failing to reinitiate formal consultations with regard to the NWTT SEIS and the Growler EIS.  These agencies have a duty to reinitiate consultation when “new information reveals effects of [their] action that may affect listed species or critical habitat in a manner or to an extent not previously considered.” 50 C.F.R. § 402.16(a)(2).  The duty to reinitiate Section 7 consultation in this case is triggered by Kuehne’s new scientific findings on Growler noise under water.  

These projects cannot legally go forward without new biological opinions that consider the effects of Growler noise radiating great distances in all directions from the air-water interface.  Moreover, the new biological opinions must analyze the effects of Growler noise deep underwater in conjunction with the effects of vast and increasing man-made noise affecting the underwater environment and the marine fauna that live and breed there. 

Listed government agencies have 60 days in which to consider COER’s notice and to reinitiate consultation in these projects before COER can file suit under the ESA.  

COER has offered to meet and confer with the agencies as to the violations noticed.

Citizens of the Ebey’s Reserve (COER) is represented by Bricklin & Newman, LLP, attorneys at law, 1424 Fourth Avenue, Ste. 500, Seattle, WA 98101, telephone 206.264.8600.  

For more information on COER: search “citizens of the ebey’s reserve” on Facebook; or visit citizensofebeysreserve.com/

The Status Quo and the Environment

As we grind along through the seemingly futile re-engineering of the environment we now control, it is easy to wonder if any of the normal activities we engage in are really making any difference.Are the tens of thousands of hours spent in meetings about the environment really helping? Well maybe they are, but those meetings have become part of the “status quo” of environmental protection. We have an emerging “status quo” of environment organizations that exist to restore the destroyed ecosystems that we have created that work alongside the same industries that destroy it in many cases. These organizations all do good work, but they seem to be part of this new status quo. Are any of them really standing up anymore to fight the destruction in the first place? They don’t seem to be. Old organizations like People for Puget Sound who did have been subsumed into Washington Environmental Council, an organization that appears to exist simply to fight for “east side of the Sound” issues. I guess that’s where the money is. The new status quo is to go where the grants are, and don’t make waves or you’ll be branded a ‘radical’. A few organizations, run by radicals, are fighting back, and usually winning in courts, where the status quo has to uphold it’s political decision-making in front of a judge who has a dim view of the efforts by government agencies to hide their hand in glove work with industry above their duty to protect our environment. The ‘radicals’ are ones I prefer to give my donations to, since they are actually working to stop the problem before it becomes one. I don’t want to give money to an organization that tells me to my face that they can’t “prioritize” the issues of the Olympic Peninsula at any price. And frankly, I love to see the radicals messing with the smug high priced legal teams of the status quo in open court battle. Why? Because the radicals seem to find, over and over again, that industries that want to ‘work with us’ are many times lying through their teeth. Recent court rulings against the Army Corps of Engineers and the industries that sided with them in court are a prime example.

The status quo also is that this Democratic run state is ok with converting our public beaches into aquaculture farms with no debate on where the end is going to be on this land grab. It’s also for letting the military use our public beaches and waterways, with known and documented kills of our wild animals when they train our military. The same military that seems to hold us who pay their salaries in contempt, continues to be demonstrably unable to protect us from a small group of fanatics overrunning our seat of power. It’s like they never heard of the Maginot Line in military school. We let the military fly over our quietest places, not because they really need to in that exact locale, but because they have made it the “status quo”. People who question it, as the old jazz song by Les McCann and Eddie Harris “Compared to What” goes, “have one doubt and they call it treason.” The list of what we have come to accept as status quo is a long one.

And yet the Puget Sound Partnership sees a continued worsening of the environment measurements, across the broad spectrum of their monitoring. So is the status quo working for us?

Frankly, no. But we seem to not be at the tipping point, despite the pleas of ‘radicals’ whom we love, like Greta Thurnberg. On the Federal level, President Biden has put in place a woman who just may be the answer to the “status quo” at the Department of the Interior. Representative Deb Haaland is Native American, a citizen of Laguna Pueblo, the first to head the Interior department. She brings a radically new perspective to the department. Will she make a real difference? It remains to be seen, but I am hopeful. Rarely do Native Americans not bring a fresh perspective to government. But they aren’t always on the side of radical change.

I was reading an editorial tonight in Harper’s Magazine, the Easy Chair editorial by Hari Kunzru, on “Another World is Possible”. His article was about the radical issue of defunding the police. Is it so radical, he asked, given the behavior of many police departments and the massive industry built up to incarcerate mostly people of color? But what caught my eye was a quote, used in that context, that easily could be used here. I paraphrase only a bit.

“From the outsider’s perspective, the status quo does not seem like a delicately balanced organism that would be damaged by radical intervention, but an aberration that should be consigned to history…difficult as it may be to accept, the reformist perspective-that is, the belief that change will come about through a few politically palatable reforms-is the truly utopian one. Realism demands acceptance of the complex relationships between these problems…If you grow up in a culture that does something a certain way, it can seem not just normal, but natural…It can sometimes be difficult to picture an alternative.”

Harper’s Magazine, March 2021 Page 7

All radicals that have effected change were unwilling to accept reformist efforts. MLK, Gandhi, Billy Frank Jr. They demanded radical change. Who is willing to fill their shoes today? With the little time left us before the effects of our ignorance overwhelms our ecosystems, I suggest that radical ideas come to the front, and we really start talking about solutions that can solve problems rather than pretend the status quo is going to fix them.

Thane Tienson, prominent environmental lawyer from Astoria, dies at 74

A huge loss to the environmental community in the Pacific Northwest. Our condolences to his family and friends. Who’s willing to step into his huge shoes?

“He changed water rights on the John Day River in central Oregon,” Erik Tienson said. “He was just a freedom fighter for the Pacific Northwest. His life goal was to have The Dalles Dam be blown up, and restore Celilo Falls.”

Read the whole story at:

https://www.dailyastorian.com/news/local/tienson-prominent-lawyer-from-astoria-dies-at-74/article_7a98c5f2-64e2-11eb-9d42-bbdb3ac2477d.html

Court of Appeals Backs Environmentalists: Federal Greenlight of Industrial Shellfish Aquaculture Unlawful

This is the most significant court ruling in decades and likely changes everything about shellfish aquaculture in the Salish Sea. It’s importance cannot be overstated. This blog has covered the trial over the last two years. We have been astonished at the brazen lack of science applied and found during discovery of the Army Corp. of Engineers. The time has come to start applying real science to the selling off of our beaches and virgin bays, converting them to commercial aquaculture farms with no real debate or discussion on “where will this all end”. The creation of this lawsuit was a ‘hail Mary” pass by the environmental groups that brought the suit. If they had lost, likely all future attempts at stopping this insanity would have failed. Congratulations to both the lawyers at the Center for Food Safety and the Coalition To Protect Puget Sound Habitat for their efforts. This is a win for all of us.

Today, the 3-judge appellate panel unanimously agreed with the District Court, holding that the Corps failed to support its approval of NWP 48, violating the Clean Water Act and National Environmental Policy Act. Describing the Corps’ reasoning as “illogical,” the Court focused on its failure to analyze the admitted cumulative impacts of adding industrial-scale shellfish aquaculture to an already-impaired environment, and its reliance on a “limited scientific study” to justify a much broader determination of minimal impacts.

https://www.centerforfoodsafety.org/press-releases/6264/court-of-appeals-backs-environmentalists-federal-greenlight-of-industrial-shellfish-aquaculture-unlawful

Federal Judge George Boldt issues historic ruling affirming Native American treaty fishing rights on February 12, 1974

On this day, history for both the NW Tribes and all Tribes across this country changed for the better. One of the most important rulings in the history of U.S.< > Tribal relations, no matter which side of this you may have been on. For the Tribes, it showed that the legal system could work for them. For non-natives, it showed that their dominance of the fisheries and other resources was over and that “honoring the treaties” was a not just a hollow phrase. Nothing would be the same again. It also represents the only way forward if we are going to continue to build a coalition that can effectively restore the salmon runs. The Tribes have been the most effective partners in doing this work, as shown by the Jamestown, Elwa and Port Gamble S’Klallam peoples. We raise our hands in thanks for this day. We have little time left to save the runs, and the small incremental progress being made needs to accelerate.



On February 12, 1974, Federal Judge George Boldt (1903-1984) issues an historic ruling reaffirming the rights of Washington’s Indian tribes to fish in accustomed places. The “Boldt Decision” allocates 50 percent of the annual catch to treaty tribes, which enrages other fishermen. At the same time Judge Boldt denies landless tribes — among them the Samish, Snoqualmie, Steilacoom, and Duwamish — federal recognition and treaty rights. Western Washington tribes had been assured the right to fish at “usual and accustomed grounds and stations” by Federal treaties signed in 1854 and 1855, but during the next 50 years Euro-American immigrants — armed with larger boats, modern technology, and the regulatory muscle of the state — gradually displaced them. The campaign to reassert Native American fishing rights began in 1964 with “fish-ins” on the Puyallup River led by Robert Satiacum (1929-1991) and Billy Frank Jr. (1931-2014), who defied Washington state attempts to regulate their fishing. (History Link)

Federal Judge George Boldt issues historic ruling affirming Native American treaty fishing rights on February 12, 1974

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