Plum Creek Timber Co., L.P. v. Washington State Forest Practices Appeals Board

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…