Federal court dismisses claim against DNR-Navy easement

Hood Canal land deal aimed at preserving aquatic environment

OLYMPIA — A federal judge in Tacoma dismissed Sept. 2 a lawsuit that had challenged an easement agreement between the state Department of Natural Resources and the U.S. Navy to conserve aquatic bedlands and tidelands in Hood Canal.

Judge Benjamin Settle granted the Navy’s motion to dismiss claims by Hood Canal Sand and Gravel, which alleged the Navy had exceeded its authority in purchasing the easement, violated the company’s right to equal protection and violated the National Environmental Policy Act.

The Navy purchased a conservation easement on some 4,800 acres of aquatic lands in Hood Canal from DNR in July 2014. It is the largest aquatic conservation easement in state history.

“I’m pleased with the federal court’s affirmation of our easement agreement with the Navy,” Commissioner of Public Lands Peter Goldmark said in an announcement of the ruling. “The agreement preserves precious marine ecosystems and public access to the area, while ensuring the Navy’s ability to operate there.”

He added, “The agreement has been held up time and again by state and federal courts and should continue to protect the region, while sustaining the many jobs that depend on Naval Base Kitsap.”

In May, Judge Sally Olsen ruled in Jefferson County Superior Court that DNR “had the authority to grant the easement to the United States Navy” and the easement “was not arbitrary, capricious or unlawful.” Judge Olsen’s ruling has been appealed.

Judge Settle’s ruling drew praise from environmental leaders in Hood Canal.

“The Hood Canal Coalition applauds the recent federal court decision dealing with the DNR-Navy conservation easement,” said John Fabian, a retired Air Force colonel and NASA astronaut who leads the 600-member Hood Canal Coalition. “The future of the Hood Canal ecosystem depends upon this kind of responsible protection. Conserving the canal’s bedlands, shorelines, and uplands is the path to a greater future.”

 

 

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