Merkel v. Port of Brownsville

This is an action instituted by petitioners to enjoin respondent, Port of Brownsville, from proceeding with certain actions preliminary to the redevelopment of a small boat marina along Burke Bay. The Attorney General of the State of Washington and the Prosecuting Attorney of Kitsap County seek review of the trial court’s refusal to grant a preliminary injunction prohibiting the port from cutting timber and clearing and grading the uplands portion of the project.

This case raises important issues under the State Environmental Policy Act of 1971 (SEPA) (RCW 4-3.21C), and the Shoreline…