[Download] "Plum Creek Timber Company V. Washington State Forest Practices Appeals Board" by Washington Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Plum Creek Timber Company V. Washington State Forest Practices Appeals Board
- Author : Washington Court of Appeals
- Release Date : January 14, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
This case presents the issue of whether WAC 197-11-305 (Section 305) can apply to require State Environmental Protection Act (SEPA) review for otherwise SEPA-exempt discrete Class III forest practices, when those practices are individual segments of a larger proposal that has a potential for a substantial impact on the environment. Plum Creek Timber Company and the Alpine Lakes Protection Society (ALPS) appeal from a superior court judgment affirming the Forest Practices Appeals Board's (FPAB's) conclusion that Section 305 can apply to Class III forest practices, and reversing the FPAB's conclusion that Plum Creek's proposed road project would not have a probable significant adverse impact to recreation and aesthetics. In its cross appeal, ALPS contests the superior court's denial of attorney fees under the Equal Access to Justice Act (EAJA). Reviewing the FPAB's decision de novo, we affirm the FPAB's interpretation of Section 305 and reinstate its conclusion that Plum Creek's road proposal would have no significant adverse impact to recreation and aesthetics. We also affirm the trial court's decision not to award attorney fees.
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