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Posted: Tuesday, May 6, 2008 - 1:18 p.m. PDT
Court of appeals upholds ruling on PUD impact statement
By Al Camp
Chronicle staff

     Court of Appeals Division III May 1 upheld Okanogan County Superior Court Judge Jack Burchard's ruling in a matter concerning a final environmental impact statement completed by the Okanogan County PUD.
     The appeals court published its opinion on the case filed March 5, 2007, by Daniel Gebbers, People for Alternatives, Conservation and Education, and Methow Valley Citizens' Council against the PUD, Donald W. Johnson, Ernest J. Bolz and David W. Womack.
     The PUD board, by split vote, had adopted alternative 2 for a new electrical transmission line and substation between Pateros and Twisp, while repairing and maintaining the existing Okanogan-to-Twisp transmission line, known as the Loup Loup line, for a secondary or redundant power source, noted the ruling.
     "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," said the opinion.
     "We also reject citizens' contentions that the FEIS underestimates alternative 2 environmental impacts and economic costs while exaggerating those for alternative 4," the opinion continued.
     "We conclude the FEIS was adequate under the rule of reason and the PUD did not act arbitrarily and capriciously," according to the ruling.
 
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