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STATE OF WASHINGTON
County of Jeffenon
In the Matter of: }
Jefferson County Joining the AFRC }
and other Governmental Entities in }
Intervening in a Lawsuit as Co-Defendants }
RESOLUTION NO. 79-04
WHEREAS, the Washington Environmental Council, National Audubon Society,
Northwest Ecosystem Alliance and Olympic Forest Coalition (collectively "the Plaintiffs") filed a
lawsuit on October 4,2004, against the Washington Commissioner of Public Lands, Board of
Natural Resources, and Department of Natural Resources challenging Board of Natural
Resources Resolution No. 1134. The lawsuit alleges violations of the State Environmental
Policy Act, the Administrative Procedures Act and the Public Lands Act in connection with the
management of public trust forests of Washington State. Washington Envtl. Council v.
Sutherland, No. 04-2-26461-8 SEA (King County Superior Court), and
WHEREAS the vital interests of local governments, schools districts, the forest products
industry, and rural communities are threatened by this lawsuit because (1) it attacks the adequacy
of environmental decision making documents that are important to forest land management
throughout Washington State, and (2) it seeks to enjoin the productive management of
Washington's public trust land forests, which would severely injure beneficiaries and purchasers
of timber harvests ftom trust lands, and
WHEREAS, it is the view of the Board of Jefferson County Commissioners that the
Washington Commissioner of Public Lands, the Board of Natural Resources and the Department
of Natural Resources have not violated state law as alleged by the Plaintiffs, and
WHEREAS, the court or courts reviewing the claims asserted by the Plaintiffs should be
informed that the injunction requested by the Plaintiffs in its complaint is entirely unwarranted
and would cause undue and excessive harm to school districts, local governments, the timber
industry and rural communities, and
WHEREAS, the American Forest Resource Council ("AFRC") has offered to lead a
coalition of local governments, school and hospital districts, and associations in a joint
representation as interveners and co-defendants in the Plaintiffs' lawsuit, and
WHEREAS, the AFRC coalition intends to file a motion for intervention.
NOW THEREFORE IT IS HEREBY RESOLVED by the Board of County
Commissioners for Jefferson County that Jefferson County will join with AFRC and other
governmental entities and associations in intervening in the Plaintiffs lawsuit as co-defendants.
Pagelof2
RESOLUTION NO. 79-04 re: W A Environmental Council v. Sutherland
IT IS FURTHER RESOLVED AND ORDERED that the law firm of Perkins Coie,
L.L.P. be authorized to represent Jefferson County for this purpose.
IT IS FINALLY ORDERED that a joint representation agreement for this p-urpose shall
be reviewed and approved for signature by the Chair of the Jefferson County Commissioners
providing for legal representation at no cost to Jefferson County unless later determined to be in
the best interest of Jefferson County and separately approved. Under the joint representation
agreement, Jefferson County shall at all times be able to withdraw its participation with
reasonable notice or proceed independently at its discretion.
. 13th Lecember
Approved this _ day of
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~~,CMC
Deputy Clerk of the Board
. 2004.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
(Abstained)
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