RESOLUTION NO. 2002-50
WITH AMERICAN FOREST RESOURCE COUNCIL
AS INTERVENOR-DEFENDANT IN WASHINGTON TRUST FORREST LITIGATION
WHEREAS, the Washington Environmental Council filed a lawsuit on July 12, 2002 against the Washington Commissioner of Public Lands, Board of Natural Resources, Lands Steward, and Department of Natural Resources (“DNR”) alleging violations of the State Environmental Policy Act and breach of trust in connection with management of public trust forest of Washington State. Public Trust Forests v. Sutherland, No. 02-2-20534-8 (King a Co. Superior Ct.), and
WHEREAS, the vital interests of local governments, school districts, the forest products industry, and rural communities are threatened by this lawsuit because (1) it attacks the adequacy of environmental decision making documents that are important to forest land management throughout Washington State, and (2) it seeks to enjoin the productive management of Washington’s public trust land forest, which would severely injure beneficiaries and purchasers of timber harvests from trust lands, and
WHEREAS, it is the view of Skamania County that DNR has not violated state law or its fiduciary duties as alleged by WEC, and
WHEREAS, the court or courts reviewing the claims asserted by WEC should be informed that the injunction requested by WEC in its complaint is entirely unwarranted and would cause undue and excessive harm to school districts, local governments, the timber industry and rural communities, and
WHEREAS, the American Forest Resource Council (AFRC) has offered to lead a coalition of local governments, school and hospital districts, and associations in a joint representation as interveners and co-defendants in the WEC lawsuit, and
WHEREAS, the AFRC coalition intends to file a motion for intervention not later than August 30, 2002, now therefore,
IT IS HEREBY RESOVED by the Board of County Commissioners for Skamania County that Skamania County will join with AFRC and other governmental entities and associations in intervening in the WEC lawsuit as co-defendants.
IT IS FURTHER RESOVLVED AND ORDERED that the law firm of Perkins Coie, L.L.P. be authorized to represent Skamania County for this purpose.
IT IS FURTHER ORDERED that a joint representation agreement for this purpose shall be reviewed and approved by the County Commissioners providing for legal representation at no cost to Skamania County unless later determined to be in the best interests of Skamania County and separately approved. Under the joint representation, Skamania County shall at all times be able to withdraw its participation with reasonable notice or proceed independently at its discretion.
This matter having been moved and passed in open session on August 27th, 2002.
Approved and Accepted this 27th day of August, 2002.