The Washington’s State Parks and Recreation Commission was “arbitrary and capricious” in granting the United States Navy use of state parks for military training. Their permission to do so was vacated today by Judge James J. Dixon of Thurston County Superior Court in an unusual and lengthy ruling from the bench. The lawsuit brought by Whidbey Environmental Action Network with the support of the Not in Our Parks Coalition challenged the January 28, 2021 approval by the commission to allow parks staff to proceed with permitting the Navy’s plans for war training use of state parks in a 4-3 vote. WEAN won on all counts, including the allegation that the emotional impact on the public of knowing that covert military surveillance by Navy SEALs was being conducted in parks without their knowledge would affect the public use of state parks. Judge Dixon acknowledged the “creep factor” and ruled it to be an environmental factor necessary to address under SEPA. 

Once Judge Dixon signs the order, the appeals clock starts ticking. The Parks Commission then has 30 days to appeal Judge Dixon’s ruling to a state Court of Appeals. Even if the decision is appealed, it does not stay the decision. The Parks Commission would have to file the appeal and bring a motion for a stay of Judge Dixon’s ruling. The appeals court is unlikely to grant a stay in a situation such as this.

This landmark and unprecedented decision establishes a solid foundation to protect our parks from covert military training. It was a hard-won battle. While the Judge noted statutory fees were recoverable, those fees are less than $200. At this time actually, attorney fees are not recoverable. Presently we need to raise approximately $35,000 to pay for the outstanding fees owed to our attorney. Please help us raise those funds. 

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