Recently in Washington State Government Category

Pacific Coast Action Plan Sets Framework for Regional Climate and Energy Action

November 7, 2013

Last week, the governors of the three West Coast states and the Premier of British Columbia signed the Pacific Coast Action Plan on Climate and Energy. While not legally binding, the Action Plan is important because it lays out a regional framework on climate and energy policy that is likely to be reflected in specific legislation and other measures adopted in each of the four jurisdictions, as well as in coordinated actions among the jurisdictions. Notably, the Pacific Coast regional economy produces a combined U.S.$2.8 trillion in GDP, making it the world's fifth largest economy when considered as a unit. Because the Action Plan charts a course for the future of this huge economy, the Plan is worthy of careful attention.

Issued under the auspices of the Pacific Coast Collaborative, the Action Plan lays out a series of policy goals in three areas, including climate policy, clean transportation, and clean energy infrastructure. Among these policy goals, several are particularly noteworthy:

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Washington Supreme Court: Executive Privilege Allows Governor To Withhold Documents Under Public Records Act

October 17, 2013

In a milestone decision, the Washington Supreme Court today upheld Gov. Christine Gregoire's assertion of executive privilege to prevent disclosure of documents under the Washington Public Records Act. Concluding that the "cardinal and fundamental" constitutional principle of separation of powers overrides the Public Records Act's "strongly worded mandate for broad disclosure of public records," today's decision permits the Governor to assert executive privilege over documents created in the process of formulating policy and prevent disclosure of those documents under the Public Records Act. The decision effectively creates a new Public Records Act exemption for documents created in the executive branch policy formulation process. It also shifts the burdens of proof that generally apply under the Public Records Act. (Freedom Foundation v. Gregoire, Wa. Sup. Ct. No. 86384-9 (decided Oct. 17, 2013)).

Today's decision arose from a dispute over a half-dozen documents created by Governor Gregoire and her senior advisory staff discussing controversial topics such as replacement of Seattle's Alaska Way Viaduct, the Columbia River Biological Opinion, and medical marijuana legislation. An employee of the Freedom Foundation requested eleven documents on these subjects under the Public Records Act, which generally requires all government documents to be released upon request unless a specific exemption applies. Gov. Gregoire released five of the documents and a redacted version of a sixth. The remaining documents were withheld, but rather than following the usual course of relying on a specific statutory exemption to justify withholding, the Governor's office asserted executive privilege over the documents. The Governor argued that executive privilege is inherent in the separation of powers scheme implied in the Washington constitution, and the documents were subject to executive privilege because they were used by the Governor to formulate policy. The lower court agreed with these arguments and the Supreme Court accepted direct review.

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A Fair Wind Blows: Washington Supreme Court Rejects Challenge to Whistling Ridge Wind Project

August 30, 2013

Yesterday the Washington Supreme Court rejected a challenge to former Governor Christine Gregiore's approval of a 35-MW wind farm in Skamania County proposed by Whistling Ridge Energy, LLC. Gov. Gregoire approved the project following a lengthy administrative process conducted by the state's Energy Facility Site Evaluation Council ("EFSEC") and EFSEC's favorable recommendation to the Governor. The Court's decision is important because it helps define what energy developers must do to mitigate impacts when a project is located near, but not in, a protected area and has potential spillover effects on the protected area. In addition, the decision is important to renewable energy developers in Washington because they have the option of using EFSEC to obtain project approval, which may be especially important where strong local opposition is at odds with state and national goals regarding renewable energy development. The decision is also important to many other types of energy facilities subject to EFSEC jurisdiction, including electric and natural gas transmission projects, LNG facilities, nuclear plants, and large thermal power plants.

The dispute arose because the Whistling Ridge project is near, but not in, the Columbia River Gorge National Scenic Area. The environmental petitioners object to Whistling Ridge primarily because it may be seen from some parts of the Scenic Area, and therefore may interfere with the aesthetic values that the Scenic Area was designed to preserve. In response to these concerns, EFSEC reduced the number of windmills allowed at the project from 50 to 35, and required "micro-siting" to further reduce the aesthetic impacts of the project. With these mitigation measures, EFSEC recommended that Gov. Gregiore approve the project. Gov. Gregiore followed this recommendation.

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Gov. Inslee Fills Key Energy and Natural Resource Positions With A Mix of Insiders and Experienced Government Hands

February 12, 2013

With this week's announcement that David W. Danner has been appointed the new Chairman of the Washington Utilities & Transportation Commission ("UTC"), Washington Governor Jay Inslee has completed the slate of key positions influencing energy and natural resources policy in the state. The key appointments are a mixture of long-time Inslee confidants and individuals with long experience in state government.

Mr. Danner is typical of Inslee appointees who have worked for many years in Washington state government. Mr. Danner has served since 2005 as the Executive Director of the UTC. Prior to that, he served as Gov. Gary Locke's policy advisor on energy and environmental issues, and served on the State's Pollution Control Hearings Board and Shoreline Hearings Board. Mr. Danner will fill the seat recently vacated by Commissioner Patrick Oshie. He will replace Jeff Goltz as UTC Chair, although Commissioner Goltz will continue to serve on the UTC along with Commissioner Phil Jones.

Other key appointments include:

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