Lawsuit Opposing the Blanchard Strategies Group Agreement Struck Down

A lawsuit aimed at striking down the Blanchard Strategies Agreement has failed in court. The Chuckanut Conservancy and North Cascades Conservation Council felt that they lacked a seat at the table and that the agreement did not protect enough land. They challenged the agreement on two grounds: SEPA compliance and violation of the public lands act.

While we share the hope that more of Blanchard could be protected, it is important to recognize that without the Blanchard Strategies Agreement, the status quo on Blanchard was logging. Since Blanchard is Skagit County Forest Board Trust land, the Commissioner of Public Lands manages the land on behalf of Skagit County beneficiaries. Any proposal to set aside part of the forest must be blessed by both the Commissioner and the county, and Skagit has traditionally favored revenue-earning activities.

The status quo was that virtually the entire mountain was at the whim of open to logging, less than 300 acres of Blanchard would be protected. By striking down the Strategies Agreement, the hard-won protection of 300 acres at the top of Blanchard was placed at risk. If the court challenge had been successful, there would be no guarantee that either the Commissioner of Public Lands nor Skagit County would support another attempt to protect any of Blanchard. Because the case rested on whether or not SEPA was required, any Blanchard protection proposal would also require an extensive environmental analysis. So a successful court case meant no guarantee of protection of any lands, and would encumber any such protection efforts. 

Of course, the claimants hoped to gain more protected acres, but in our view, the Blanchard Agreement was well-negotiated by a diverse group of stakeholders and there was no indication that those who benefit from logging would settle for less, nor that an expensive, time-consuming process would likely push odds in our favor.

The lawsuit was struck down in May 2010 and the Blanchard Strategies Agreement stands.