The battle of sea lice and salmon goes on

An update on the battle to remove fish farms from Canada. The industry denies it’s a problem here, 100 miles south…

  • Increased sea lice infestations, scientists say are caused by salmon farms, threaten the already-vulnerable wild Pacific salmon populations in western Canada, worrying conservationists and First Nations.
  • Three First Nations in the region are now deciding on the future of open net pen Atlantic salmon farms dotting the channels and waterways in and around their territories. They hope their decisions will pave the way to protect wild salmon, a culturally important species.
  • So far, ten farms have been closed and the future of seven farms are to be decided this year, in 2023.
  • The impact of the closure of the farms on sea lice and wild salmon populations is still unclear, say scientists, and more time to monitor the data is needed.

As sea lice feast away on dwindling salmon, First Nations decide the fate of salmon farms (mongabay.com)

Swelling school of seaweed farmers looking to anchor in Northwest waters – Salish Current

There is so much more to this issue. Are we really wanting to trade off our waters for animal feed or fertilizer? Better speak up now.


Prospective kelp growers who want to join the handful of existing commercial seaweed farms in the Pacific Northwest are having to contend with a lengthy permitting process. It’s gotten contentious in a few cases, but even so, at least a couple of new seaweed farms stand on the cusp of approval. Their harvests could be sold for human food, animal feed or fertilizer. Tom Banse reports. (NW News Network)  

See also: Can kelp farming help save our marine environment? Richard Arlin Walker reports.

(Salish Current, 10/7/22) 

Port Townsend City Council recognizes rights of whales in WA

On Monday night, the Port Townsend mayor and city council took the step to declare that the Southern Resident Orcas have inherent rights. Port Townsend is the first county in Washington State to take this step, in a growing movement known as the Rights of Nature. The “Rights of Nature” framework is the recognition that Nature is a living being and rights-bearing entity. Rights recognition takes Nature out of the realm of property.

Mayor David Faber, Patrick Johnson of QUUF and members of the North Olympic Orca Pod

Patrick Johnson of the Green Sanctuary Environmental Action Team from Quimper Unitarian Universalist Fellowship read the following:

On behalf of Legal Rights for the Salish Sea, Earth Law Center, and our friends and supporters at the Green Sanctuary Environmental Action Team from Quimper Unitarian Universalist Fellowship, and the North Olympic Orca Pod, we’d like to extend our heartfelt thanks and appreciation to Mayor Faber and the members of the Port Townsend City Council for supporting this proclamation recognizing the inherent rights of the Southern Resident Orcas. We have been asking our decision makers to take BOLD action to save these unique and critically endangered orcas, and tonight YOU have done that! Your leadership and compassion for Nature will be a model for other city/county councils to follow. This is historic! 

Central to a “Rights of Nature” framework is the recognition that Nature is a living being and rights-bearing entity. Rights recognition takes Nature out of the realm of property. It reflects an inseparable human-Nature relationship rooted in mutual enhancement and holism rather than dominion, subjugation, and exploitation. Rights of Nature, therefore, offers a framework in line with natural law and science, allowing us to properly respect and value Nature (intrinsic values) as decision making occurs. Over twenty countries already embrace Rights of Nature concepts at some level of government.

In 2018, the Affiliated Tribes of Northwest Indians (comprised of American Indians/ Alaska Natives and tribes in Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska) passed Resolution #18-32 recognizing a sacred obligation to the Southern Resident Orcas, “our relatives under the waves.” The Resolution explains that the sacred obligation “to ensure all our relations are treated in a dignified manner that reflects tribal cultural values that have been passed down for countless generations” is to be understood in the context of “an inherent right and a treaty right, and in terms of indigenous ways of knowing the natural law” as embodied in their relationship to the Southern Residents. 

At a more fundamental level, recognizing the Southern Residents’ inherent rights shows that we as a society value them as living beings. It shows that when we say we want to prevent their extinction, we mean it. This will undoubtedly require changes in the way we do business; opening space for innovations so that we can have a future with clean rivers, ocean and seas, and healthy habitats for humans, animals and plants alike. 

We would not be here without the pioneering work and commitment to Ocean Rights by Michelle Bender and Elizabeth Dunne at the Earth Law Center. Many thanks to our friends at the Center for Whale Research, especially Ken Balcomb; Dr. Debra Giles at Wild Orca; and Howard Garrett, Susan Berta and Cindy Hansen, and everyone at the Orca Network. 

The following is the proclamation of the city of Port Townsend:

Press Release from the Earth Law Center

Port Townsend, WA (December 6th, 2022)—Yesterday evening, Port Townsend’s Mayor David J. Faber signed a Proclamation describing the City of Port Townsend’s support for action by local, state, federal and tribal governments that secure and effectuate the rights of the Southern Resident Orcas.

The Southern Resident Orcas (“the Orcas) are culturally, spiritually, and economically important to the people of Washington State and the world. However, despite federal legal protections for nearly two decades, the population continues to decline and is critically endangered, with only 73 individuals left in the wild.

The Proclamation states that the Southern Resident Orcas possess the inherent rights to: “life, autonomy, culture, free and safe passage, adequate food supply from naturally occurring sources, and freedom from conditions causing physical, emotional, or mental harm, including a habitat degraded by noise, pollution and contamination.”

Kriss Kevorkian of Legal Rights for the Salish Sea (LRSS), with the help of Patrick Johnson, of the Green Sanctuary Environmental Action Team from Quimper Unitarian Universalist Fellowship, introduced the idea of the Proclamation. “We are so grateful to the Mayor and City Council of Port Townsend for taking bold action to save these unique and critically endangered Orcas.” says Kriss Kevorkian, founder of LRSS.

Legal Rights for the Salish Sea partnered with Earth Law Center (ELC) in 2018 and are working to educate local communities on a new legal tool to protect Nature and communities – Rights of Nature. Together, they are leading a campaign to gain support for recognizing the rights of the Orcas at the local and Washington State level, and to take immediate actions to protect and restore the Orcas’ rights by addressing their main threats to survival.  “Recognizing the Southern Residents’ legal rights means that we must consider their wellbeing and needs in addition to human interests in decision making, and that they will have a voice in a variety of forums, including courts. Through their human guardians acting on their behalf and in their best interests, the Orcas will be able to express what they need to exist, thrive, and evolve,” explained Elizabeth Dunne, ELC’s Director of Legal Advocacy. “When structures such as the lower Snake River dams interfere with the Southern Residents’ ability to obtain prey (salmon) crucial for their survival, then to realize their rights we must find solutions to remedy the problem,” said Dunne. 

Legal rights for species and their habitats is not new. Hundreds of Rights of Nature laws exist in approximately 30 countries. Both San Francisco and Malibu passed resolutions protecting the rights of whales and dolphins in their coastal waters in 2014; New Zealand’s Government legally recognizes animals as ‘sentient’ beings; the Uttarakhand High Court of India ruled that the entire animal kingdom are legal entities with rights; and the United Kingdom now recognizes lobsters, crabs, and octopus as sentient beings.

Howard Garrett, co-founder of the Orca Network, supports this effort because he sees recognizing the Southern Residents’ inherent rights as “essential to the orcas’ survival and well-being. Without this recognition, people will continue to put economic and self-interest above the Southern Residents’ very survival.”

“Over the past few years, we have continued to see the population decline, and actions to recover the population have been slow and piecemeal. Business as usual is not working” says Michelle Bender. “We thank the leadership of Port Townsend and hope more local communities support a call for policies that give the Orcas, and all Nature, a voice in decision making and a seat at the table.”

This effort is also supported by an online change.org petition and declaration of understanding, of which over 10 organizations have signed onto.

Earth Law Center created a toolkit to help advocates introduce a resolution to their local communities, share the campaign on social media and other helpful talking points. You can take action and view the toolkit here.

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Earth Law Center (www.earthlawcenter.org) works to transform the law to recognize and protect nature’s inherent rights to exist, thrive and evolve. ELC partners with frontline indigenous people, communities and organizations to challenge the overarching legal and economic systems that reward environmental harm, and advance governance systems that maximize social and ecological well-being.

Legal Rights for the Salish Sea (LRSS- http://legalrightsforthesalishsea.org/) is a local community group based in Gig Harbor, WA, founded by Dr. Kriss Kevorkian, educating people to recognize the inherent rights of the Southern Resident Orcas. Under our current legal system humans and corporations have legal standing but animals and ecosystems don’t. We believe that animals and ecosystems should also have legal rights, not just protections that can be changed by different administrations.

Net Pen Aquaculture Industry Targets DNR’s Hilary Franz

In a series of articles across multiple platforms, the net pen aquaculture industry and their allies have targeted Washington State’s Department of Natural Resources (DNR) Commissioner Hilary Franz for attack and lawsuits after her controversial decision to end net pen aquaculture of Atlantic salmon in Puget Sound and Hood Canal.

Posts on LinkedIn (which does not allow critical rebuttal) by Jeanne McKnight, a PR specialist that works for the aquaculture industry, along with articles in SeaWestNews about the benefits of net pen aquaculture point to a new attack on Franz by the industry. Past Chairman of the Pacific Aquaculture Caucus Peter Becker also weighs in with his opinion in a long reply to McKnight’s original post.

The articles and posts point out that Franz came from a law degree background and not the “fisheries science industry”, so as not to be capable of deciding for an industry that has long been in the driver’s seat regarding influencing the regulators charged with regulating them. Cooke did an excellent job in the past of dividing to conquer the regulators by helping legislate multiple agencies to regulate multiple aspects of each farm, ending in a fiasco of collapsing nets due to poor maintenance and escaped fish. Franz rightly decided that Cooke should be banned from the near shore waters and shorelines of the State because of that incompetence. Her agency is charged with protecting those wild stock resources (along with other agencies).

The articles also raise smear tactics based on her decision by saying she ‘cherry picked’ the tribes in support of her decision (not even notifying the Jamestown S’Klallam Tribe who are partnering with Cooke Aquaculture for a sable fish net pen in Port Angeles harbor). This blog believes that Franz will exempt the Jamestown in the near future and allow them to create net pens for black cod as long as Cooke is not part of the business model.

All these are desperate tactics by an industry under attack both here and in Canada. The long-time work of Dr. Alexandra Morton in Canada, raised scientifically valid hypothesis and proofs over and over again that the industry is partially if not fully responsible for the collapse of wild stocks in many rivers in Western British Columbia while the industry takes credit for 97% of Canadian salmon produced being farm raised (as reported in an article in the industry journal SeaWestNews.) That statistic can also be read to mean that since farmed salmon have arrived 97% of wild salmon have vanished. The question is why is that statistic true? Alexandra Mortons’ research, among others such as Dr. Lawrence Dill, point to the reasons that the industry would rather ignore. Viruses from the farms as well as sea lice coming from the pens that are co-located in passages that the wild salmon have to traverse. The industry here claims that sea lice are not the problem that they are in B.C.

The reality is that this issue is not over yet, though Commissioner Franz’ decision (political though it may be) is not without the possibility of challenge in the courts. Washington State Dept. of Fish & Wildlife (not DNR) having lost a limited case ruling in the Washington State Supreme Court in a unanimous decision that only dealt with whether or not the permit for Cooke had met SEPA standards, the industry believes DNR may not be on the most solid ground to uphold this new decision. Can they argue that the decision was arbitrary and capricious? The industry also sees this as a test to save the geoduck aquaculture industry from a similar fate, as many of the same issues raised in this case could be applied by environmentalists to the near shore. Actually, they already have been but have not yet found the political support to stop the ongoing destruction of our shorelines by geoduck aquaculture illegally supported by both DNR and the Army Corps of Engineers (as decided in recent court battles lost by both agencies. )

Don’t go popping champagne bottles just yet, as we have not seen the end of the industry as it relates to this issue. The arc of justice may be finally bending in the way of environmental protection as it relates to the problems of net pen aquaculture, but the industry will do its best to bend it back to profit over wild stocks.

Dept. of Nat. Resources Bans Future Net Pen Aquaculture – Major Win for Environmentalists, Tribes, Salmon & Orcas.

Today, Washington’s Commissioner of Public Lands Hilary Franz made history when she announced a new groundbreaking executive order that will prohibit commercial net pen aquaculture in Washington state marine waters. During the press conference, a question about the net pen proposed by the joint business venture of the Jamestown S’Klallam Tribe and Cooke Aquaculture to create a net pen to farm Black Cod (Sablefish) was deflected with a mention that Commissioner Franz had been in discussions with them on this issue. It was not clear whether they were not going to be allowed to put the pen in under the Tribe’s name or not. Franz also mentioned that upland farming of salmon would likely be approved by DNR. The industry has long stated that this method is not commercially viable at this time.

This ends a long history of industry “spokespeople”, who have been involved with Marine Resources Committees both in Clallam and Jefferson Counties, touting the benefits of these pens and disrupting anyone coming forward to raise concerns, such as when Professor Dill, a researcher from a distinguished Canadian University came to Port Angeles a few years ago to discuss his scientifically based concerns and was shouted down by industry representatives.

While Commissioner Franz’ concerns about ending destruction of the near shore by these farms could easily be carried over to the nearshore beach destruction by industrial geoduck operations over thousands of acres of beaches throughout the Sound and Hood Canal, there was no discussion of that issue today.

This blog has been a long time critic of Commissioner Franz, due to her seemingly lack of concern over industrial aquaculture in our waters. We welcome and thank her for finally taking strong legal action on this issue. It has been viewed both here on the West Coast, nationally and internationally as a major step towards recovering and protecting our waters.

Press Release from the Wild Fish Conservancy, the major group working to end this policy.



“This new policy was announced earlier today by Commissioner Franz at a press conference on Bainbridge Island overlooking the Rich Passage net pens alongside leaders from Wild Fish Conservancy and Suquamish Tribe. The news comes on the heels of another long-awaited and widely-supported decision announced earlier this week by Commissioner Franz that DNR has refused new decade-long leases to global seafood giant Cooke Aquaculture to continue operating commercial net pens in Puget Sound.

“After the incredible news announced earlier this week, it is almost impossible to believe we are now celebrating an even bigger, groundbreaking victory for our wild salmon, orcas, and the health of Puget Sound,” said Emma Helverson, Executive Director of Wild Fish Conservancy. “By denying new leases to Cooke and bringing forward this comprehensive, bold new policy to prevent commercial net pens from ever operating in Washington marine waters again, Commissioner Franz is ensuring Puget Sound will be protected, not just now, but far into the future for the benefit of generations to come.”

Together, the lease denial and executive order will require Cooke to remove all of their net pen facilities from Puget Sound before the end of year, marking the end of the commercial net pen industry that has operated in Washington state for over 40 years. The benefits of these actions for the recovery of wild fish, water quality, and the greater health of Puget Sound cannot be overstated. Immediately, this action will cease chronic untreated pollution that has been discharged daily at these aquatic sites for over forty years. Finally, these heavily polluted and degraded sites will have the opportunity to heal and begin the process of natural restoration as part of the largest passive restoration project in Washington State.

The decision will also eliminate many major risk factors that harm the recovery of wild salmon and steelhead, including ending the risk of exposure to viruses, parasites, and diseases that are amplified and spread at unnatural levels by massive densities of farmed fish and the risk of future catastrophic escape events in which farmed fish could compete with, attempt to interbreed, or spread pathogens to threatened and endangered wild fish.


DNR’s decision will also restore the public and Tribal access to over 130 acres of Puget Sound that have been restricted by this industry for over forty years. More broadly, Washington’s decision will unite the entire U.S. Pacific Coast in excluding this industry from marine waters. Combined with Canada’s recent commitment to transition open water net pens out of British Columbia waters, this decision also has the potential to eliminate a major limiting factor to wild Pacific salmon recovery at a coastwide, international scale.


“After the news earlier this week, we’ve heard from colleagues all around the world in places like Chile, Tasmania, Scotland, and so many others working to protect their own public waters from the environmental harm of commercial net pen aquaculture,” says Helverson. “Today’s historic decision is setting a new standard that will serve as a model and rallying cry to bolster the efforts of communities and governments around the world working toward this same end and we stand committed to leveraging our massive success to support their efforts.”


Cooke is the same company found at fault for the catastrophic 2017 Cypress Island net pen collapse that released over 260,000 nonnative and viral-infected Atlantic salmon into Puget Sound. Cooke purchased all of Washington’s net pen facilities in 2016 with plans to expand exponentially in Washington waters.

In response to this expansion plan, Wild Fish Conservancy launched the Our Sound, Our Salmon (OSOS) campaign in April 2017 to raise public awareness about the environmental impacts of commercial net pen aquaculture. In 2018, a coalition of over 10,000 individuals and hundreds of businesses and organizations under the banner of OSOS, worked in concert with Tribal efforts, to advocate for Washington’s landmark law banning nonnative Atlantic salmon aquaculture.

In July 2020, in response to Cooke avoiding the ban by transitioning to native species, the OSOS campaign launched a new initiative, Taking Back Our Sound, with the goal of preventing Cooke from receiving new leases. Through this effort, 9,000 individuals and 127 business and organizations called on DNR’s Commissioner of Public Lands Hilary Franz through a petition and direct actions, which included a Bainbridge Island city resolution, to deny new leases to Cooke and to restore Puget Sound for the benefit and use of all. In making her decision over Cooke’s lease request, DNR was required by statute to issue a decision in the best interest of the public.
“It’s clear this victory for wild salmon, orcas, and Puget Sound belongs to no one person or group. Without the separate actions of thousands of individuals, Washington’s Tribal Nations, businesses, organizations, chefs, fishing groups, scientists, elected officials, and so many others working together over the last five years, this would never have been possible,” says Helverson. “It is truly inspiring to see what is possible when the public unifies their voices and works together with the law and science on their side toward the shared goal of a healthier Puget Sound.”

WA Dept of Natural Resources Cancels Leases for Remaining Net Pen Salmon Farms in Puget Sound

While many are glad to see this long-awaited decision, it is by no means the end of Cook Aquaculture and its efforts to farm fish here. But if they indeed do remove the Rich Passage net pen, it could be good news for the remaining salmon that run through Orchard Rocks off southern Bainbridge Island. Why? Because it has never been fully investigated as to whether this net pen was partially responsible for the collapse of the salmon run through the passage and Agate Pass. Given recent news that the Hood Canal Floating Bridge may be a significant cause of salmon collapse in Hood Canal, and the hunch by some old fishermen that stocks collapsed after the net pen in Rich Passage went in, anything is possible. Obviously, shoreline development in the area at that time also had a good deal to do with the salmon loss.

A reminder to all that Cooke still has a business agreement with the Jamestown S’Klallam Tribe and the two are rearing Black Cod (Sablefish) in Port Angeles harbor. My guess is that Cooke will look for additional opportunities like this and will approach other tribes if they haven’t already. Still to come, is understanding how the recent unanimous Supreme Court ruling may affect this decision. Will Cooke and allies sue in court, based on their previous win? I don’t think this is as over as it seems, but for now, it’s a good decision, long overdue.


Official Press Release:

The Washington State Department of Natural Resources (DNR) has ended the remaining two finfish net pen aquaculture leases on Washington’s state-owned aquatic lands.

DNR officials informed Cooke Aquaculture Monday that the agency will not renew expired leases for the two remaining finfish net pen aquaculture facilities in Washington; in Rich Passage off Bainbridge Island and off Hope Island in Skagit Bay.

“Since the catastrophic Cypress Island net pen collapse in 2017, I have stood tall to defend the waters of Puget Sound,” said Commissioner of Public Lands Hilary Franz. “This effort began by terminating finfish net pen operations due to lease violations. Despite years of litigation – and a company that has fought us every step of the way – we are now able to deny lease renewals for the remaining net pen sites. Today, we are returning our waters to wild fish and natural habitat. Today, we are freeing Puget Sound of enclosed cages.”

“This is a critical step to support our waters, fishermen, tribes, and the native salmon that we are so ferociously fighting to save,” said Commissioner Franz.

DNR’s denial of Cooke Aquaculture’s request to re-lease the sites to continue finfish net pen aquaculture gives the company until December 14 to finish operations and begin removing its facilities and repairing any environmental damage.

The Hope Island lease expired in March and has been in month-to-month holdover status since. The Rich Passage lease expired in November.

Decision Draws Support

Salish tribes and conservation groups hailed the decision as a step toward protecting the habitat of struggling stocks of native salmon.

“We are very pleased that Commissioner Franz rejected Cooke Aquaculture’s lease application. Removal of the existing net pen will restore full access to the Tribe’s culturally important fishing area in northern Skagit Bay. Swinomish are the People of the Salmon, and fishing has been our way of life since time immemorial. Cooke’s net pens have interfered with the exercise of our treaty rights for far too long. We look forward to the day when the Hope Island net pen facility will be a distant memory,” said Swinomish Indian Tribal Community Chairman Steve Edwards.

“This decision is a joyous and historic victory for the recovery of wild fish, orcas, and the health of Puget Sound,” says Emma Helverson, Executive Director of Wild Fish Conservancy. “For years, the public has overwhelmingly called for an end to this dangerous industry in our public waters. Commissioner Franz’s response proves she is both accountable to the public and dedicated to protecting Puget Sound’s irreplaceable public heritage for current and future generations.”

“We say, ‘the table is set when the tide goes out.’ Seafoods have always been a staple of Samish diet and traditions,” said Tom Wooten, Samish Indian Nation Chairman. “By removing the Sound’s remaining net pens, our delicate ecosystem now gets a chance to replenish, repair and heal. We are grateful and lift our hands to the DNR’s partnership in helping protect the Salish Sea that tie us to our history and culture.”

Denials End Saga Started by 2017 Collapse

Cooke Aquaculture had previously leased four sites for net pen aquaculture from the Department of Natural Resources, recently growing steelhead trout in the net pens after years of using them to grow Atlantic salmon.

DNR’s letters denying an extension of Cooke’s leases lists several areas where the firm violated terms of the leases. DNR determined that allowing Cooke to continue operations posed risks of environmental harm to state-owned aquatic lands resulting from lack of adherence to lease provisions and increased costs to DNR associated with contract compliance, monitoring, and enforcement.

In August of 2017, a net pen at Cooke’s Cypress Island fish farm collapsed, releasing hundreds of thousands of Atlantic salmon into Puget Sound. As a result, DNR terminated that lease. Cooke was fined $332,000 and found negligent by the state Department of Ecology. The net pens were removed in 2018.

In December of 2017, DNR terminated Cooke’s Port Angeles lease due to Cooke operating in an unauthorized area and failing to maintain the facility in a safe condition. Cooke challenged that termination in the superior court and that litigation is still pending.

The Washington state Legislature in 2018 phased out Atlantic salmon farming, and the company since shifted operations at its remaining leaseholds in Rich Passage and Hope Island to grow sterile steelhead trout.

Future Net Pen Policy will be Announced Friday

Following the denials of these lease renewals, Commissioner Franz is reviewing policies for net pen salmon aquaculture throughout Washington’s state-owned aquatic lands, and will announce this decision at a press conference alongside partners and tribes at 11 a.m. Friday, November 18, on Bainbridge Island.

Seattle Times article (Behind paywall)

WA will not renew leases for Puget Sound fish farms, 5 years after spill | The Seattle Times

What’s at stake if the Columbia River Treaty were to end

Under the Trump administration, this agreement was at risk. Now, less so. An important treaty, you likely never knew existed.

In the mid-20th century, Canada and the U.S. collaborated together to form the Columbia River Treaty. This agreement meant both countries would jointly develop, manage and regulate the Columbia River. The treaty was intended to last for 60 years which means it expires in 2024. Earlier this month, 32 Pacific Northwest groups sent a letter to U.S. officials urging them to modernize this treaty as that deadline approaches. Rolando Hernandez reports. (OPB)

WA Supreme Court landmark decision on forestlands

This is an incredibly important ruling by the Washington State Supreme Court. Why? Because it opens up the real possibility of better timber management to protect old growth along with looking at harvest and its effect on global warming by DNR.

The basis of the lawsuit was this: Article 16, Sec on 1 of the Washington State Constitution states “all the public lands granted to the state are held in trust for all the people.”

Read on. Joint press release from Conservation Northwest, Washington Environmental Council, and Olympic Forest Coalition. Below it is DNR head, Hilary Franz’s response.


Washington State Supreme Court Rules in Conservation Northwest v Commissioner of Public Lands
In an unanimous decision, Court recognizes State’s authority to manage forestlands for public benefit.

OLYMPIA, WA— Today, the Washington State Supreme Court confirms that the state has a constitutional mandate and broad authority to serve “all the people” of Washington and the public interest when managing state lands. This unanimous decision in the case of Conservation Northwest, et al. v. Commissioner of Public Lands, et al . , recognizes that the Department of Natural Resources (DNR) can integrate the many diverse public benefits of forests into the management of state forestlands, beyond maximizing revenue genera on from timber harvests.


DNR has historically managed forestlands in ways that maximize revenue from logging, even at the expense of other public interests and benefits. This decision recognizes that the agency, Commissioner of Public Lands, Board of Natural Resources, and State of Washington have the power to manage public lands in ways that truly reflect and support our state’s evolving environmental, economic, and social needs.


The court’s decision states that DNR’s need to serve identified beneficiaries and DNR’s requirement under the State constitution to serve the public interest “should be construed in harmony.” As the Court explained, “[t]here appear to be myriad ways DNR could choose to generate revenue from the state and forest board lands or otherwise put them to use for the benefit of the enumerated beneficiaries.”


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


“The battle we’ve been fighting is to achieve a fair balance. 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,” said Peter Goldman, Director, Washington Forest Law Center and co-counsel for plaintiffs, “This decision confirms instead that the agency, Commissioner of Public Lands, Board of Natural Resources, and State of Washington does not have to maximize timber harvest or revenue generation, and have broad discretion on to balance revenue genera on for identified beneficiaries with management for the broader public interest. DNR and the Legislature now can design 21st Century forest management that meets the challenges we face today.”


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.” There are approximately 2 million acres of “state trust lands” that were granted to the state by the federal government upon statehood, including almost 1.5 million acres that are forested.


“The court issued a monumental conservation ruling. Over coming years and decades, this ruling will be cited in support of nature-protection policies made by the legislature and the DNR. In short, the nature of this trust is that the state has the discretion to protect the public’s resources,” said Mitch Friedman, Executive Director of Conservation Northwest.

“We are encouraged to see that the Washington State Supreme Court has recognized the power and broad discretion the State has to manage public lands for the benefit of all the people, and not just for maximum timber revenue. Our state’s forests provide immense benefits to all of us–people, trees, animals, and our futures. Washingtonians should not be forced to choose between harvesting timber for funding and having healthy forests to protect our air, water, habitat, and public health,” said Alyssa Macy, CEO of Washington Environmental Council and Washington Conservation Voters. “This decision opens the door for the Department of Natural Resources to manage our public lands toward a healthy, equitable future for generations to come.”


“We are now seeing unprecedented changes in our state forests, habitats, and watersheds from climate disruption”, said Connie Gallant, President of the Olympic Forest Coalition , “We can no longer afford to mine our forests only for short term revenues, assuming without scientific evidence that they will continue to grow back indefinitely. We simply cannot blindly sacrifice the environment any more. The Court recognized that DNR and the Legislature must balance the interests of all the people , not only maximize revenue from timber harvests. This case has clearly put the responsibility on the Commissioner of Public Lands and the Legislature to resolve the policy differences, balance our interests and find a clear path forward. DNR has the discretion – their hands are no longer ed. We can manage for carbon, for science, for revenues, for all our interests. We literally have some of the most important forests in the world to either mi gate climate disruption or add to it. We shall see if the Commissioner of Public Lands and our elected officials take up the baton the Washington Supreme Court has passed to them and protect these forests.”


Article 16, Sec on 1 of the Washington State Constitution states “all the public lands granted to the state are held in trust for all the people.” Conservation NW et al. v. Commissioner of Public Lands et al. asked the court to interpret this constitutional language to require that the agency must consider both generating revenue and the multitude of other ecological benefits of state forestlands.


Upon Washington’s statehood in 1889, the federal government granted Washington 3 million acres of land through the Enabling Act to be held for the public and to support public institutions, including K-12 school construction and state universities. The Board of Natural Resources (BNR) sets policies for management of state trust lands, and management is carried out by the Department of Natural Resources (DNR).


The environmental organizations and individuals in this case were represented by the Ziontz Chestnut law firm and the Washington Forest Law Center.


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“Keeping the Northwest wild” since 1989, Conservation Northwest is a regional non-profit organization that protects, connects and restores wildlands and wildlife from the Washington Coast to the British Columbia Rockies. Staff operate in local communities and rural areas around Washington and into southern B.C., using dialogue to find common ground and collaborative solutions for challenging issues including habitat corridors, wilderness conservation, forest restoration and endangered species recovery.
The Olympic Forest Coalition (OFCO) promotes the protection, conservation and restoration of natural forest ecosystems and their processes on the Olympic Peninsula. This mission includes monitoring and caring for the public forests, watersheds and bays of the Peninsula. OFCO’s approach integrates science-based solutions that protect and restore natural ecosystems, threatened and endangered species, and healthy rural communities. OFCO incorporates the climate crisis and mitigating its impacts on the Olympic Peninsula as foundational for all of its work.


Washington Environmental Council is a nonprofit, statewide advocacy organization on that has been driving positive change to solve Washington’s most critical environmental challenges since 1967. Our mission is to protect, restore, and sustain Washington’s environment for all.


Commissioner Franz Statement in Response to Washington Supreme Court Ruling

OLYMPIA – Commissioner of Public Lands Hilary Franz, head of the Department of Natural Resources (DNR), released the following statement in response to the Washington Supreme Court’s unanimous ruling in Conservation Northwest, et al. v. Commissioner of Public Lands et al., regarding the interpretation of the state Constitution’s policy on management of state trust lands:

“I believe strongly in our mission to protect public lands, support healthy forests, and provide essential benefits to the people of Washington.

“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.

“I also recognize that in the face of a rapidly changing climate, we must do everything we can to safeguard public lands and protect our forests. This is why DNR has made climate resilience and long-term sustainable land use a core part of our work, including being a nationwide leader in efforts to restore forest health and conserve forestland and critical habitat across our state.

“I look forward to our continued work to ensure Washington state’s public lands are healthy, support our communities, and are protected for generations to come.”

Beyond Pesticides Launches Campaign to Save Dungeness Spit from Aquaculture

Beyond Pesticides (BP) has apparently recently learned of the ongoing battle to save Dungeness Spit from an aquaculture farm, supported by Commissioner Hilary Franz and others in our local and state governments. While BP is late to this issue, we welcome their efforts to stop this while we still have a small chance.


In spite of the known harm to migratory and residential birds, salmon, forage fish, other wildlife and their primary feeding areas, and a recommendation by the National Marine Fisheries Service that “an alternative site be identified in a location that results in less potential impacts to wildlife that is more appropriate for aquaculture and meets the goals of the tribe,” permitting agencies approved permits and a lease for a 50-acre industrial oyster farm for private financial gain inside the Dungeness National Wildlife Refuge. This decision, which is in violation of the Clean Water Act and the Migratory Bird Treaty Act, must be reversed.

Agencies are well aware of the potential damage to the lands it is their mission to protect.

>>Tell the Washington State Department of Natural Resources and the U.S. Fish and Wildlife Service that the Dungeness National Wildlife lease must be rescinded.

The Dungeness Bay Wildlife Refuge was created by Executive Order in 1915 by Woodrow Wilson, directing the area to be set aside as a “refuge, preserve and breeding ground for native birds and prohibits any disturbance of the birds within the reserve.” The Refuge provides habitat, a preserve and breeding grounds for more than 250 species of birds and 41 species of land animals. 

The front page of the Refuge website states: “Pets, bicycles, kite flying, Frisbees, ball-playing, camping, and fires are not permitted on the Refuge as they are a disturbance for the many migrating birds and other wildlife taking solitude on the Refuge.” With this level of concern, it is counterintuitive to allow destructive industrial aquaculture. 

These detrimental effects to the Dungeness National Wildlife Refuge are NOT minimal. Among the negative impacts of this project are: 50% reduction in bird primary feeding grounds;  20,000 – 80,000 toxic plastic oyster bags that exclude the probing shorebird flocks from feeding deeply into the substrate, entrapment of fish and birds, add macro- and micro-plastic bits to the sediment throughout the refuge, and shift the benthic community composition; diminishment of the ecological benefits provided by eelgrass to threatened fish and birds, such as nourishment and cover from predators and, with warming waters, increased toxic algal blooms that will leave a graveyard of dead oysters. Additionally, commercial shellfish operations attract pathogens and non-native species that threaten the area ecosystem and the shellfish. Decision makers should not place financial benefits to the corporation above the long term and cumulative impacts to the refuge.

>>Tell the Washington State Department of Natural Resources and U.S. Fish and Wildlife Service that the Dungeness National Wildlife lease must be rescinded.

Two Countries, Two Government Officials, Poised to Make One Critical Decision

The Wild Fish Conservancy brings up the impending decisions on net pens that both BC and Washington officials will be making. Given a conversation that I had with Commissioner Franz last year, I hold very little hope of her doing the right thing. She seems either ignorant of the issues, letting staffers make the decisions, or in favor of industry on this topic. But your input now could make a difference. Call her office. 360-902-1000


No increased WA gas tax in ‘unprecedented’ $16.8B transportation budget – Crosscut

So Cap and Trade fees have helped us put an extra $3B into public transit along with good news for pedestrians and bicycles. But is it actually reducing CO2? To be determined.


Washington legislators keep calling this year’s $16.8 billion transportation budget proposal “unprecedented.” And in many ways it is. There’s $3 billion for public transit, a huge increase over previous packages. And a lot more money for pedestrian and bicycle improvements — $1.3 billion— all paid for by the carbon cap-and-trade fee approved last session, also unprecedented for the state. But what’s missing from the budget is perhaps the most unusual of all. This year’s transportation budget does not include an increase in the state’s gas tax. Liz Giordano reports. (Crosscut)

No increased WA gas tax in ‘unprecedented’ $16.8B transportation budget

Kevin Grant named superintendent of Olympic Coast National Marine Sanctuary

Kevin Grant, superintendent of Olympic Coast National Marine Sanctuary/ photo: NOAA

NOAA’s Office of National Marine Sanctuaries announced the appointment of Kevin Grant of Port Angeles, Washington, as superintendent of Olympic Coast National Marine Sanctuary (OCNMS). Kevin has been with NOAA for nearly 14 years as a deputy superintendent, with more than nine years at OCNMS and four years at National Marine Sanctuary of American Samoa.

Kevin has a Masters Degree in Marine Affairs from the University of Washington, and a Bachelor of Science in Biology from the University of Wisconsin. He was a Knauss Sea Grant Fellow at the Office of National Marine Sanctuaries, and served two years in the Peace Corps in the Solomon Islands. Nearly all of his experience since leaving graduate school has involved collaboration in resource management with indigenous communities.

Olympic Coast National Marine Sanctuary, with offices in Port Angeles, Washington, is managed by NOAA and was designated in 1994. It encompasses nearly 3,200 square miles off the Washington coast, extending from Cape Flattery to the mouth of the Copalis River. Significant natural and cultural resources include 29 species of marine mammals, as well as large populations of nesting seabirds, shipwrecks, and some of the last remaining wilderness coastline in the lower 48 states.

The sanctuary is part of America’s National Marine Sanctuary System, a network of underwater areas encompassing more than 620,000 square miles of marine and Great Lakes waters. The network includes a system of 15 national marine sanctuaries and Papahānaumokuākea and Rose Atoll marine national monuments. The National Marine Sanctuary System is celebrating its 50 year anniversary in 2022.

Urgent Action: Help appoint Lorna Smith to Fish & Wildlife Commission today

Port Townsend resident Lorna Smith was appointed to the Washington Fish and Wildlife Commission By Governor Jay Inslee in January of 2021. I’ve known Lorna for many decades, since she helped Eleanor Stopps & Zella Schultz’s efforts to make Protection Island a National Wildlife Refuge. Lorna is an ecologist who served as Snohomish County’s highest level environmental supervisor for 20 years overseeing NEPA, SEPA and ESA implementation for salmon and other listed species and has been a volunteer for many conservation groups and activities here on the Olympic Peninsula (Olympic Forest Coalition, Jefferson Land Trust, Jefferson County Conservation Futures Committee and Jefferson Planning Commission) and state-wide. She has served on many Department of Fish and Wildlife advisory groups. 

She is the only Fish and Wildlife Commissioner from the Olympic Peninsula and the Commission member with the strongest conservation credentials.A Senate confirmation hearing (in Committee) is scheduled for this Thursday, February 24th, 1:30 PM before the Senate Ag and Natural Resources Committee chaired by Senator Van De Wege, who represents the Peninsula and parts of Grays Harbor County.  Lorna Smith deserves and needs  support to continue critical environmental work  on behalf of Washington’s fish, wildlife and habitats.

Today contact Senator Van De Wege and urge that he support her confirmation as a strong conservation candidate and the Peninsula’s own representative to the Commission. Only the Senators on the Committee will be providing testimony, but you can register your comment about Lorna specifically through the following link:  https://app.leg.wa.gov/pbc/bill/9250

Or via direct email to the following:
Senator Van De Wege email:  Kevin.vandewege@leg.wa.gov
Cc: other key committee members and committee staff:

derek.stanford@leg.wa.gov

christine.rolfes@leg.wa.gov

jesse.salomon@leg.wa.govKaren.epps@leg.wa.gov (staff)

Banning toxic chemicals in cosmetics moves forward in WA – Crosscut

Good news as this continues forward.


A measure advancing in Washington’s Legislature would ban the use of perfluoroalkyl and polyfluoroalkyl substances, or PFAS, in cosmetics. These chemicals are often used to make beauty products — such as mascara, foundation, and lipstick — water-resistant and longer lasting. Melissa Santos reports. (Crosscut)

hemicals in cosmetics moves forward in WA 

Governor Jay Inslee Fills All Vacant Seats on Washington Fish and Wildlife Commission

This just in from Washington Wildlife First. I am using this press release and not the Governor’s because this does a good job of putting the nominations in perspective.



New Appointees Will Bring Impressive Scientific and Legal Credentials to the Commission

Washington Wildlife First commends Governor Jay Inslee for making three new
appointments to the Washington Fish and Wildlife Commission.

These appointments will finally fill all of the vacant and expired seats on the Commission, some
of which have stood open for more than a year. Washington Wildlife First has long advocated for
Governor Inslee to fill these seats , including through a December 17, 2021 letter joined by 2 9 other
fish, wildlife, and environmental organizations, which asked the Governor to immediately appoint
Commissioners who “ understand and value science, who support [the Governor’s] agenda to conserve and protect our environment, and who will focus on bringing critically needed reforms to the Washington Department of Fish and Wildlife.”


“We applaud Governor Inslee for finally bringing the Commission back up to full strength, and for selecting three qualified candidates with substantial expertise in fish and wildlife management,” said Samantha Bruegger, executive director of Washington Wildlife First.

The three new Commissioners have varied backgrounds, but each has a long track record of working with issues of fish and wildlife management:

Dr. John Lehmkuhl from Chelan County will fill the eastern Washington position that has been vacant for over a year. Dr. Lehmkuhl is a lifelong hunter and angler and a retired research biologist with the U.S. Forest Service, who has spent 25 years working with Washington wildlife. He has a Ph.D. in forest science and an M.S. in wildlife ecology.
Melanie Rowland from Okanogan County will fill the at-large seat vacated by Commissioner Fred Koontz in December. Ms. Rowland is a retired environmental attorney, who spent 15 years as a senior attorney for the National Oceanic and Atmospheric Administration, working on issues related to fisheries, marine mammals, and endangered species.
Dr. Tim Ragen from Skagit County will fill the seat currently held by Larry Carpenter, whose appointment expired on October 31, 2020. Dr. Ragen is the retired director of the U.S. Marine Mammal Commission. He has a Ph.D., in oceanography, and since his retirement has continued his work to conserve endangered marine species, including southern resident killer whales.

“We welcome the fresh perspective and deep base of knowledge that these new Commissioners
will bring to their positions,” Bruegger said. “With the current challenges facing the Department,
they will have their work cut out for them.”

The Washington Department of Fish and Wildlife has been plagued by scandal over the past year,
including, most recently:
• An unprecedented public attack by Commissioner Kim Thorburn on research that the
Department’s preeminent team of carnivore biologists published on state cougar densities.
Thorburn’s voiced her critique in a letter published in a wildlife journal this month, putting
the researchers in the uncomfortable position of having to publicly rebuke the
Commissioner for her inaccurate statements and poor understanding of scientific concepts.
• The resignation of Commissioner Fred Koontz in December, who left after he was targeted
by extremist groups and his own colleagues, including Commissioner Thorburn.
Commissioner Koontz’s resignation letter described a Commission that has “largely lost
the ability to have civil public conversations.”
• A devastating 2021 report by the state auditor, revealing a Department in which unethical
and illegal activity is common, bullying and discrimination are rampant, supervisors are
not held accountable, management frequently makes political decisions that ignore
science, and leadership retaliates against employees who report wrongdoing.
• Recent poaching charges filed against one of the Department’s regional directors, who
admitted to the charge, but remains in office without any disciplinary action.


“We hope these three new appointees will bring much needed dignity, decorum, and integrity to
the Commission, along with a commitment to Department reform,” Bruegger said. “For too long,
many of the Department’s dedicated biologists, enforcement officers, and other employees have
struggled to do their jobs under intolerable conditions. This situation must be corrected
immediately, not only for the sake of those employees, but for our state’s fish and wildlife.”

Fight WA Senate Bills 5721 & HB 2027 now! Bad for the Environment!

Washington State Senators Van de Wege (D) and Salomon (D -32) have put forward a bill (SB 5721) along with Representatives Chapman (D) and Tharinger (D) (HB2027) to either consolidate or study the idea of consolidating the Department of Fish and Wildlife and the Parks Department into the Department of Natural Resources and give the current head of DNR, Commissioner of Public Lands (CPL) Hilary Franz, total control over our parks, fish and wildlife as well as DNR.

How did this bill get put out into the legislature? What was the impetus for this? ( In the past, sometimes these efforts were snuck in so as to get new proposals by the leadership into the public view.) Who actually is behind getting these bills to rural Democratic legislators? Why did they support this without consulting with environmental organizations and their members that contribute to their campaigns? Why has there been zero coverage on an issue of this magnitude in the Olympia and Seattle press? There are far more questions than answers.

The House bill, to be clear, it’s not advocating the same thing as the Senate Bill, but calls for a task force to look into the possibility of changing the structure of WDFW. While it is not technically a companion bill it opens the door to some kind of compromise that might start the process if they sneak out of committee.

Some of what this may be about, could be the legislature attempting to insert itself into the ongoing controversy at the wildlife commission and WDFW in specific. This news outlet has reported about that controversy in the last month.

DNR exists to make money off our forests for public schools, fights fires, and leases our shorelines to aquaculture. Currently out of 78% of timber sales, DNR only funnels a small fraction for school construction. Hilary Franz has done a very good job of fighting fires in the last two years, but has done a terrible job at leasing public shorelines. Just in the last year, she allowed a commercial aquaculture business to lease and expand into the Dungeness National Refuge, a move opposed by environmentalists (and the Refuge management) here on the Peninsula. Her leases to aquaculture have lost in court battles in the last two years, as environmental groups have successfully fought to show that the leases were made without a clear understanding of the damage being done to the shoreline. DNR is currently being sued by prominent environmental organizations. When a reporter asked her about the Dungeness lease, she claimed she did not even know what he was talking about. Is this the kind of oversight that we want for our Parks and Fish and Wildlife department? While there is plenty to criticize in WDFW and also many dedicated employees and programs that do good works, this proposal seems to be something to kill before it gets to be a bigger problem.

The hearing on the Senate bill is Tuesday at 1:30. You can weigh in yourself right now, at the following link.

Here’s the link to sign up:   https://app.leg.wa.gov/CSI/Senate
When you get to the page, select the first committee “Agriculture, Water, Natural Resources & Parks”.  Then select January 25th and then SB 5721. Unless you want to testify as an individual, select “I would like my position noted for the legislative record” – when you click on that link, it will take you to the page to select your position “Pro, Con, Other” and then type in your name, address, etc.

The hearing on the House Bill is on Wednesday the 26th at 10 AM. This is sponsored by Representative Tharinger and Chapman. The link to weigh in is also on the state website.

Follow the instructions for the Senate bill above.

The Clallam County Democrats are holding a “Let’s Talk” meeting on Wednesday evening. Part of this is meeting is to discuss re-electing Democrats. This would likely be a very good time to bring this issue up. Sign up by checking back here for the Zoom link: http://www.clallamdemocrats.org/calendar.html

The Jefferson County Democrats meet on Thursday night at 6PM. It would be an appropriate time to make your voice heard there as well.

This is very poor timing because the governor will be appointing 3 new commissioners on Monday – all three are very conservation-minded. Unfortunately, the Senate can take up to a year to approve the appointments (for instance, several appointees on the commission have still not been approved by the Senate, even though they sit on the committee and have already made decisions on behalf of the department/state). In addition, it is a very bad precedent to consolidate these agencies. If this bill goes through, CPL Hilary Franz would appoint the director of WDFW/Parks and also the commissioners, who would then serve in an “advisory” roles. It would give way too much power to current and future CPL. Can you imagine what would happen if Republicans take back the position of DNR (an elected position) and put in someone who has an agenda to commercialize the Parks? Given her background in giving up the Refuge to aquaculture, could we rule out that Hilary would not do such a thing either?

This newsletter is not alone in it’s point of view. Long time Olympic Forest Coalition board president Connie Gallant, who has promoted the highly popular Wild Olympics legislation, is strongly opposed to this move.According to Connie, the board of OFCO has also taken an official stance against the bill. We have also been told that the Washington Environmental Council has also decided to take a stand against the bill(s) and will be adding this to their “Hot List” this week.

Sallie Harrison a long time local environmentalist, summed it up as follows:

“DNR cannot even do their own job correctly. Most all of their logging projects result in short-term disasters ( landslides, habitat loss in both land and aquatic settings) and long-term produce a shocking amount of problems with ecosystem degradation and associated wildlife demise. There is no way such a plan (i.e. the Senate Bill) could result in anything but a gigantic, moribund State Agency with no coherent means of carrying out the missions of the two absorbed agencies mentioned, yet alone correct it’s own long-standing deficiencies.


If reform is felt to be needed at WDFW and/or the State Parks, then the State Leg and the Gov’s office can deal with those existing agencies. DNR has it’s own desperately needed reform issues, as current lawsuits against it illustrate. “

Thanks to Connie Gallant for her initial work on bringing this issue to our attention and others who have sent in information clarifying these bills in the last few hours.

WA Legislators prepare for long list of climate change bills – Crosscut and others

As we start the 2022 legislative session, there’s a lot of new bills to follow.

Lawmakers could look at more than a dozen climate proposals addressing carbon reduction and other environmental issues

https://crosscut.com/politics/2022/01/wa-legislators-prepare-long-list-climate-change-bills

Also there is a parallel and somewhat overlapping set of bills followed by the Environmental Environmental Priorities Coalition. They are a coalition of over twenty leading environmental groups who lobby in Olympia on a regular basis and organize around a set of priority bills each legislative session.  They established four to be their highest priorities for the 2022 Legislative Session, they are listed below.  As in the past, they will be sending out a weekly “Hot List” to assist in your efforts to promote this common agenda.

The key priorities for the environmental caucus, as defined by the Washington Environmental Council and other allies:

2022 Priorities

Lorraine Loomis Act for Salmon Recovery (SB 5727 / HB 1838): Across the state, salmon are on the brink of extinction. Some Puget Sound salmon species have declined by 90% compared to historical populations. In the Columbia River basin, returns are as little as 2% of historical levels. The Governor is proposing habitat legislation as a tribute to Lorraine Loomis (Swinomish Tribe, and Chair of the Northwest Indian Fisheries Commission) longtime champion for the salmon. The Act requires tree buffers tall and wide enough to shade rivers and streams. The Act also requires shifting to a standard of improving ecological conditions rather than habitat loss mitigation.

Transportation for All: We need to fund a transportation system that reduces pollution and can support a range of transportation solutions including improving multimodal transportation choices, such as biking, driving, and public transit. Transportation dollars must be used in ways that deliver the best investments possible to help build a more efficient, affordable, and clean transportation system for all.

GMA Sprawl Loophole (SB 5042): The current sprawl loophole undermines the intent of the Growth Management Act (GMA) by allowing counties to subvert the Growth Management Hearing Board (GMHB) appeals process to illegally build sprawling developments that devours farmlands, forests, and critical habitats. The loophole locks in outdated rules, and puts a financial strain on jurisdictions to provide adequate infrastructure, facilities, and services to new developments.

RENEW Act (SB 5697): All across Washington, plastic waste litters Washington’s shorelines and waterways, filling landfills to capacity, and harming wildlife. Our recycling system needs to be modernized so packaging can actually be recycled, composted, or reused. The Renew Recycling Act addresses this waste by creating a set of graduated fees on packaging manufacturers based on how readily reusable, compostable, or recyclable their products are. These fees will be used to fund improvements in infrastructure, uniform access for residents across the state, and a clear list of what people can recycle. This bill will have the added benefit of shifting recycling costs away from ratepayers and onto the manufacturers.

The Puget Sound Partnership Agenda

Buy Clean & Buy Fair (HB 1103 / SB 5366): Washington has an important role to play through investing in locally sourced materials, manufactured in facilities with high labor standards and minor environmental impact. The policy creates a reporting system with vital information on the environmental and labor impacts of structural materials used in state-funded infrastructure projects. During the 2021 session, the legislature funded the creation of a publicly accessible database to enable reporting and promote transparency. Passing Buy Clean and Buy Fair legislation sends a clear market signal of the growing demand for ethically-made low-carbon goods. (Partner: Blue Green Alliance)

Energy for All (HB 1490): Secure access to energy is crucial to keeping Washington residents healthy, safe, learning, working, and thriving, and will facilitate a Just Transition to clean energy. The Governor and Utilities and Transportation Commission moratoriums on shut-offs helped sustain residential energy service in Washington and protected the public. But these protections are temporary and utilities are already seeking to collect on debt. This legislation establishes access to home energy as a basic need and an essential resource that should be accessed in full dignity without uncertainty about affordability and threats of disconnection. (Partner: Front & Centered)

Also, you can track environmental bills here:

and here:

Event: WA DOE air monitoring listening session on Jan 20th- Sign up now.

There is an upcoming listening session that the Washington State Department of Ecology is holding. As part of the recently passed “Climate Commitment Act,” Ecology is looking to promote environmental justice and equity. One way we are looking to do this is by expanding air quality monitoring in overburdened communities. There will be two steps in this process:

1)      Identifying a set of overburdened communities.

2)      Installing new air quality monitors in those communities.

Ecology will be holding a listening session to hear from communities on January 20th starting at 6 PM. More information regarding this listening session and a link to register can be found here:https://ecology.wa.gov/Blog/Posts/December-2021/Clearer-skies-ahead.

You can read up more about the Climate Commitment Act here (there is a short discussion on the environmental justice piece): https://ecology.wa.gov/Air-Climate/Climate-change/Reducing-greenhouse-gases/Climate-Commitment-Act.

Please forward along to anyone who may have interest.

Shingo Yamazaki

Washington State Department of Ecology

Solid Waste Management Program, Industrial Section

PO Box 47600

Olympia, Washington 98504

syam461@ECY.WA.GOV

Congress Authorizes PFAS Testing at Military Facilities Throughout US -Whidbey Naval Base Included- MartenLaw.com

This has been an known ongoing issue with the Navy base, poisoning water supplies on Whidbey Island. The $500 million should help identify where this is happening and what can be done about it. The hidden costs of our “sound of freedom” as some promoters of the base would like to call it, creates poisoned ecosystems, ear splitting noise even inside insulated classrooms for children, and many other costs. Another sound of freedom is also the roll call in Congress to fund this activity.



By Jonah Brown

The National Defense Authorization Act for Fiscal Year 2022 (“FY22 NDAA”),
signed by the President on December 27, 2021, directs the Department of
Defense (“DoD”) to test for per- and polyfluoroalkyl substances (also
known as “PFAS”) at military sites throughout the country. A map of
formerly used defense sites can be found here: Former Sites
https://www.usace.army.mil/Missions/Environmental/Formerly-Used-Defense-Sites/FUDS-GIS/.
A map of current military installations can be found here: Active Sites
https://militarybases.com/. DoD must begin its assessment with a report to
Congress on the status of 50 priority current and former sites within 60 days
of the effective date, meaning the end of February. A map showing the
locations of these sites can be viewed at the end of this article.

Groundwater contamination from use of PFAS-containing aqueous film-forming
foam (“AFFF”) has already been discovered at hundreds of current and
former DoD facilities, including military airports, National Guard bases, and
installations controlled by the Army, Navy, Air Force, and Marine Corps. The
FY22 NDAA provides $500 million in funding to DoD to fulfill Congress’
direction to test for PFAS.
Read More

https://www.martenlaw.com/news-and-insights/congress-authorizes-pfas-testing-at-military-facilities-throughout-us

Event: 2022 Environmental Lobby Day

WHEN: January 25th, 26th and 27th

WHERE: ONLINE

https://www.facebook.com/events/223059966492649/?active_tab=discussion

Join the 350 WA Network, Our Climate, Re-Sources, Climate Reality Project, Environmental Priorities Coalition and hundreds of activists to push for key environmental health and justice legislation in 2022. During lobby days, you will team up with other activists from your district to speak up for the environmental health and justice and gain the skills to be a persuasive constituent. You’ll have the opportunity to attend online issue briefings, learn how to lobby, hear from environmental champions, and meet virtually with your elected officials to advance important environmental legislation. Stay tuned for more details and pre-register here: https://us02web.zoom.us/…/tZItce…
Email kat@wcvoters.org with questions

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