State backs county in WEAN fight

When Island County has its day in Thurston County Superior Court in June to defend itself in a lawsuit filed by the Whidbey Environmental Action Network, it will have the state’s support in its arsenal.

In addition to the county and several citizens, WEAN’s legal action was leveled at the Western Washington Growth Management Hearings Board. The litigation abruptly halted implementation of new state-approved rules that allow farming on Whidbey and Camano islands in environmentally critical areas.

The hearings board previously rejected WEAN’s appeals, which claimed the county’s new farming rules did not adequately protect wetlands.

In response to a letter from Island County Commissioner Mac McDowell, Gov. Christine Gregoire recently responded with a letter of her own, assuring the commissioner that the state would support the hearings board’s original decision. Last fall the board approved new regulations for existing and ongoing agriculture in Island County under the state’s Growth Management Act.

“Island County has achieved compliance in an impressive way that could be a model for other jurisdictions,” the board stated in a unanimous decision.

Gregoire said in her letter that an amicus brief, a document filed by an interested party not directly affiliated with the case, would be jointly filed by the Office of the Attorney General on behalf of several state departments and the Washington State Conservation Commission.

“The brief will express continued support for Island County’s inclusion of science-based, best management practices, developed by the Natural Resource Conservation Service and consistent with the Growth Management Act, in protecting critical areas on county farmlands,” the letter said.

Phil Bakke, Island County Planning and Community Development director, said the governor’s letter spoke volumes to the prudence of the ordinance.

“It’s not often that leaders at the state level work together like they have,” he said. “I think it’s a really big deal. We’ve built these alliances with the state agencies. It’s a good ordinance. It’s gratifying to see that come from the governor.”

Bakke added that the agencies had started the amicus brief even before McDowell sent the initial letter asking for support. He also praised Senator Mary Margaret Haugen’s work.

“She sat on the local Ag committee and really rolled up her sleeves,” the planning director said. “It made it easier for her to be an advocate and support the efforts in Olympia and elsewhere. She had firsthand experience with the local background.”

Bakke said he could not fathom why WEAN would file the lawsuit against an ordinance that he said would not be harmful to the environment. He pointed to support from the departments of Ecology, and Fish and Wildlife as a testament to the benignity of the regulations.

“It’s a good ordinance,” he said. “WEAN’s alone on this. The litigation has not only been expensive, but it has delayed implementing the ordinance and further protection of the environment.”

WEAN couldn’t be immediately reached for comment on Friday.