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Noel v. Cole

Citation: 8 ELR 20378
No. No. 9806, (Wash. Super. Ct., 10/05/1978)

The court issues a preliminary injunction halting the cutting of timber on a designated tract pursuant to a contract between defendants state agency and a private logging corporation. Because the continuance of such activity presents a substantial likelihood of significant adverse environmental effects to the immediate locale as well as to the state, the court finds that the plaintiff is likely to prevail in his claim that the agency violated the State Environmental Policy Act (SEPA) in failing to prepare an environmental impact statement (EIS) prior to completing the sale. The court directs defendants to comply with the requirements of SEPA, including preparation of an EIS, before the logging activities may resume and requires the posting of only a minimal bond in light of plaintiff's limited financial resources.

Counsel for Plaintiff
Sam Peach
515 Bellingham Nat'l Bank Bldg., Bellingham WA 98225
(206) 734-2030

Counsel for Plaintiff-Intervenor State of Washington
Slade Gorton, Attorney General; Maryanne McGettigan
Temple of Justice, Olympia WA 98504
(206) 253-2550

Counsel for Defendant Board of Natural Resources
Ted Torve, Senior Ass't Attorney General
Department of Natural Resources, Public Lands Bldg., Olympia WA 98504
(206) 753-5327

Counsel for Defendant Alpine Excavating, Inc.
Charles E. Ehlert
Smith, Brucker, Winn & Ehlert
1411 Fourth Ave., Seattle WA 98101
(206) 624-8901