I take issue with a recent Herald article (“DNR appeals ruling that it must account for climate change in individual timber sales,” The Herald, Nov. 21). The article is grossly inaccurate. The author bases the story on factually inaccurate interpretation of the state Supreme Court’s dismissal of the 2022 Conservation Northwest v. Franz case. The case was so poorly presented it was dismissed by the Superior Court and the dismissal was unanimously upheld by the State Supreme Court.
The story claims, “Washington’s CNW v Franz Supreme Court ruled the agency can leave its forested lands intact to fight climate change instead of selling for profit.”
Leaving forested lands intact to fight climate change” is not remotely suggested in the court decision.
Common law trust doctrine binds the state to manage each trust as would a prudent investor with undivided loyalty to the trust beneficiaries to the exclusion of all other interests no matter how laudable. The court did not tell DNR to “leave forested lands intact.”
The statement about selling Snohomish County forest board lands held by the state for a profit is outrageous. Her statement demonstrates a fundamental failure to understand the relationship the state has with the trust it created. The trusts are not state land. As such, each trust has a fiduciary responsibility to its beneficiaries. The duties are not interchangeable.
Snohomish County deeded over 64,000 acres of county tax-foreclosed timber lands to the state. That land is by law, held in trust for Snohomish County and its junior taxing districts. None of these lands are ever sold but the timber and products can be to the highest bidder at auction. Taxpayers can call it non-tax generated revenue to help pay for the schools, libraries, EMS/FIRE and other county services they enjoy.
Thank you for this opportunity to set the record straight.
Jim Buck
Joyce
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