John,

Yesterday, the Washington State Supreme Court’s ruling in our lawsuit, Conservation Northwest v Commissioner of Public Lands, recognized that the Department of Natural Resources (DNR) can integrate the many diverse public benefits of forests into the management of state forestlands, beyond maximizing revenue generation from timber harvests.

At first glance, the decision appears unfavorable for Washington Environmental Council and our partners because it dismisses our specific legal challenges of two particular plans. However, the Court’s opinion provides the broader legal interpretation we sought: confirmation that the state can manage public forests for multiple benefits and is not required to maximize revenue above all other objectives.

“We are encouraged to see that the Washington State Supreme Court has recognized the power and broad discretion the State has to manage public lands for the benefit of all the people, and not just for maximum timber revenue. Our state’s forests provide immense benefits to all of us–people, trees, animals, and our futures. Washingtonians should not be forced to choose between harvesting timber for funding and having healthy forests to protect our air, water, habitat, and public health,” said Alyssa Macy, CEO of Washington Environmental Council and Washington Conservation Voters. “This decision opens the door for the Department of Natural Resources to manage our public lands toward a healthy, equitable future for generations to come.” 

We’ve been fighting for years to achieve a fair balance between revenue generation and serving the broader public interest. Although we have never sought to end all timber harvest on state lands, we have argued that the management of these lands to maximize revenue has been to the detriment of other values the state’s communities rely on. Historically, DNR has managed forestlands to maximize revenue from logging at the expense of other public interests and benefits. 

This interpretation of DNR’s mandate prevented management of our resources in a manner that reflects and supports our state’s evolving environmental, economic, and social needs. It is particularly vital that we balance the public benefits of forests in the face of the climate crisis and the ever-increasing pressures on our natural resources.

The Court’s decision states that DNR is not required to prioritize revenue maximization in their land management (page 25, “Conclusion”). The agency is also not required to generate revenue specifically from timber harvests on state lands but may elect to do so because of their discretion as trust managers.

The Court explained, “[t]here appear to be myriad ways DNR could choose to generate revenue from the state and forest board lands or otherwise put them to use for the benefit of the enumerated beneficiaries” (page 23). Broadly, the Court gives DNR the discretion to harmonize goals of revenue generation for income recipients with the constitutional mandate to serve “all the people.”

This clarity from the court opens the door for the state to reprioritize other important values of forests in its management decisions, rather than just maximizing revenue from logging. It's now up to DNR, the Commissioner of Public Lands, and the state legislature to determine how best to balance public benefits for all Washingtonians.

DNR now has an incredible opportunity to work with stakeholders and the general public to better manage our forests for a diversity of values: environmental, economic, and social. WEC will be closely involved in this work. We will keep you apprised of progress and opportunities for the public to weigh in on how you’d like to see your public lands managed.
 

Onward,
Rachel Baker (she/her)
Forest Program Director
 

Background: In 2020, Conservation Northwest, Washington Environmental Council, Olympic Forest Coalition, and eight community members, filed a declaratory judgment lawsuit and appealed two DNR forest management decisions arguing that the Department of Natural Resources’ current management of state trust lands does not reflect the needs and long-term interests of all Washingtonians. The lawsuit did not seek to end logging on state trust lands. Rather, we sought to remove a barrier to balanced and ecological forest management by giving DNR the discretion to factor other values into decision-making about timber harvests. That broad discretion has been affirmed by the courts.

There is substantial work ahead to shape how the state balances multiple benefits in state forestland management. Policies for management of state lands are set by the Board of Natural Resources (BNR), which includes the Commissioner of Public Lands, and management is carried out by the Department of Natural Resources.

For more information, read the full press release and visit our website.