The Eagle Creek fire has closed most trails from Cascade Locks to Troutdale.

Friends of the Columbia Gorge's Current Legal Docket

Friends' legal work emphasizes protection of the Columbia Gorge's resources and enforcement of Scenic Area land use laws and rules

Friends of the Columbia Gorge's Current Legal Docket
Springtime view from Coyote Wall in the Catherine Creek area of the eastern Gorge. (photographer: Annette Hadaway)


We focus on litigation and administrative proceedings that will help protect the Gorge's sensitive and unique scenic, natural, cultural, and recreational resources and establish positive precedent for future decisionmaking.

See a list of past cases involving the Columbia River Gorge National Scenic Area.
 

Energy Development

1. Friends v. Bonneville Power Administration (U.S. Ninth Circuit Court of Appeals)

Friends of the Columbia Gorge and Save Our Scenic Area filed an appeal of the BPA's decision to allow the 75-megawatt Whistling Ridge Energy Project to be connected to the BPA's energy grid. The project would consist of up to 35 wind turbines, each up to 430 feet tall, on forested ridgelines in Skamania County overlooking the National Scenic Area. BPA failed to consider reasonable alternatives and failed to adequately review the environmental impacts of the project, including adverse effects to birds and bats.

Status: The Ninth Circuit issued its written decision on March 27. The deadline for any petitions for rehearing is May 11.
Counsel: Dave Becker, Gary Kahn, Nathan Baker (Friends)
 

2. Friends v. Energy Facility Siting Council (Oregon Supreme Court)

Friends and allies have challenged EFSC's revisions to its rules governing amendments to energy project site certificates. In adopting the rule revisions, EFSC violated the Oregon Administrative Procedures Act's mandatory rulemaking procedures. In addition, several of the specific rule revisions violate state laws governing energy siting. 

Status: Petitioners' motion to correct the administrative record is pending. Oral argument has been scheduled for September 14.
Counsel: Gary Kahn, Nathan Baker (Friends), Steve McCoy (Friends), Peter Broderick (NEDC), Mac Lacy (ONDA)
 

Coal and Oil Transport

1. Millenium Bulk Terminals-Longview, LLC v. Wash. State Dep't of Ecology (Washington Pollution Control Hearings Board)

Friends and allies intervened in the applicant's appeal of a denial by the Washington Department of Ecology of a water quality permit for a proposed coal export terminal in Cowlitz County, Washington. The denial of the permit was within the Department of Ecology's authority under the State Environmental Policy Act.

Status: Discovery and motion practice are ongoing. The appeal is scheduled for trial in September 2018.
Counsel: Earthjustice (Marisa Ordonia, Kristen Boyles, Jan Hasselman)
 

2. Millenium Bulk Terminals-Longview, LLC v. Cowlitz County (Washington Shorelines Hearings Board)

Friends and allies intervened in the applicant's appeal of Cowlitz County's denial of shoreline development permits for a proposed coal export terminal in Cowlitz County, Washington. The Cowlitz County Hearing Examiner properly concluded that the proposed project fails to reasonably mitigate ten unavoidable, significant adverse environmental impacts identified in the final environmental impact statement; fails to satisfy the environmental standards of the Cowlitz County Code; does not recognize and protect the statewide interest over local interest; does not result in long term over short term benefit; does not protect the resources and ecology of the shoreline; and is not consistent with the policies of the Shoreline Management Act and Cowlitz County Shoreline Master Program.

Status: On April 20, 2018, the Shoreline Hearings Board issued a written decision granting summary judgment in favor of the state defendants and intervenor conservation organizations. 
Counsel: Earthjustice (Marisa Ordonia, Kristen Boyles, Jan Hasselman)
 

3. Millenium Bulk Terminals-Longview, LLC v. Wash. State Dep't of Ecology (Washington Court of Appeals)

Friends and allies have intervened in the applicant's attempted appeal of a denial by the Washington Department of Ecology of a water quality permit for a proposed coal export terminal in Cowlitz County, Washington. The Superior Court does not have jurisdiction over the appeal. In addition, the denial of the permit was within the Department of Ecology's authority under the State Environmental Policy Act.

Status: Millenium and other developers have filed a notice of appeal in the Washington Court of Appeals challenging the Cowlitz County Superior Court's March 2 order that jurisdiction lies in the Pollution Control Hearings Board, not in superior court.
Counsel: Earthjustice (Marisa Ordonia, Kristen Boyles, Jan Hasselman)
 

4. Lighthouse Resources Inc. v. Inslee (U.S. District Court, Western District of Washington)

Friends and allies will seek to intervene in a lawsuit filed by several companies seeking to develop a proposed coal export terminal in Cowlitz County, Washington. The State of Washington lawfully denied two key permits for the proposed terminals consistent with the agencies' statutory and constitutional authority. The state's authority over the proposed coal terminal is not preempted by federal law governing railroads and ports.

Status: The lawsuit was filed on January 3, 2018.
Counsel: Earthjustice
 

Land Use and Zoning

1. Save Our Scenic Area v. Skamania County (Clark County Superior Court)

Save Our Scenic Area and Friends of the Columbia Gorge filed suit against Skamania County for failing to zone thousands of acres of unzoned, forested lands. The County is in violation of state law for failing to adopt zoning and failing to protect forest lands for commercial forestry.

Status: In July 2015, the Washington Supreme Court remanded the case to the Clark County Superior Court. Settlement discussions between the parties are ongoing. A trial has been scheduled for October 2018.
Counsel: J. Richard Aramburu (Save Our Scenic Area), Gary Kahn and Nathan Baker (Friends)
 

2. Union Pacific Railroad Company v. Wasco County Board of Comm'rs (Oregon Court of Appeals)

Friends and allies are defending a decision by the Columbia River Gorge Commission affirming Wasco County's denial of  Union Pacific's proposal to construct approximately four miles of second mainline track in the vicinity of Mosier, Oregon. The project would interfere with tribal treaty rights and would violate the Scenic Area Act's treaty rights protections.

Status: Briefing is ongoing
Counsel: Gary Kahn, Steve McCoy (Friends)
 

3. Union Pacific Railroad Company v. Runyon (U.S. Ninth Circuit Court of Appeals)

Friend and allies intervened in a lawsuit filed by Union Pacific in which the railroad company sought to enjoin the National Scenic Area permitting and appeals processes for its proposal to construct approximately four miles of second mainline track in the vicinity of Mosier, Oregon. The U.S. District Court of Oregon dismissed the case because Union Pacific had failed to name several Northwest Indian Treaty Tribes as defendants in the case. Union Pacific then appealed to the Ninth Circuit.

Status: Briefing is complete. The Ninth Circuit has not yet scheduled oral argument.
Counsel: Gary Kahn, Steve McCoy and Nathan Baker (Friends)

4. In re Thomas Boundary Line Adjustment (Skamania County Hearing Examiner)

Friends appealed an administrative decision by Skamania County approving multiple boundary line adjustments between four lots in Underwood, Washington. Among other problems, the proposal is not a lot line adjustment because it involves more than two lots and it violates the requirements for lot line adjustments in Open Space zones.

Status: The parties are currently engaged in settlement discussions.
Counsel: Gary Kahn, Nathan Baker, Steve McCoy

5. Reynier v. Skamania County (Skamania County Superior Court)

Friends intervened in support of Skamania County in an appeal by a landowner of a county decision that approved a proposed dwelling and denied a second proposed dwelling. The subject property consists of one legal lot that is eligible for only one dwelling.

Status:  A settlement was reached in 2012 but has not yet been implemented.
Counsel: Gary Kahn


6. Reynier v. Skamania County (Skamania County Superior Court)

Friends and adjacent neigbors intervened on behalf of Skamania County in an appeal of a county decision denying a third dwelling on a parcel eligible for only one new single-family dwelling.

Status: See above.
Counsel: Gary Kahn


This page was last updated on April 23, 2018 by Nathan Baker.