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PUD Wins Appeal of EIS on Transmission Line
By NCBI
May 7, 2008, 13:21

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A three judge panel of the Washington State Court of Appeals upheld Superior Court Judge Jack Burchard's ruling on the Okanogan PUD’s final environmental impact statement for the Methow Transmission Line.

The case brought by property owner Daniel Gebbers, People for Alternatives, Conservation and Education, and Methow Valley Citizens' Council, challenged Burchard’s ruling on the adequacy of the Final Environmental Impact Statement.

The judges in their 25 page opinion, wrote, "We reject the citizens' contention that the FEIS is legally deficient for failing to consider work on the existing line (alternative 4) as a connected action under a cumulative impacts analysis.

They continued saying, "We also reject citizens' contentions that the FEIS underestimates alternative 2 environmental impacts and economic costs while exaggerating those for alternative 4."

The judges ruled, "We conclude the FEIS was adequate under the rule of reason and the PUD did not act arbitrarily and capriciously."

The PUD issued a statement saying, “given the timeframe for reconsideration or appeal of the Court of Appeals’ decision…, the Okanogan County PUD feels it would be inappropriate to comment on the outcome of this ruling until the appeal period has expired.”

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