Can a watershed have legal rights? The Snohomish River debate deepens

The tide is turning in a Snohomish County legal battle over whether a river and its watershed have legal rights that can be defended in court.

Snohomish County Superior Court Judge Jennifer Langbehn ruled Tuesday that a voter-approved initiative making the Snohomish River a “rights-bearing entity” and giving community members the right to go to court on the watershed’s behalf was invalid.

“Plaintiffs are entitled to a declaratory judgment that Initiative 20-03 exceeds the scope of the local initiative power and is therefore invalid,” Judge Langbehn said in her written ruling.

The environmental group that went to court to defend the initiative, Standing for Nature, said in a statement Thursday it will appeal the decision.

“We strongly disagree with the court’s decision to overturn what Everett voters so clearly chose,” said Rachel Kurtz-McAlaine, the group's attorney. “Today, if the river is harmed, the community cannot take action unless they can prove personal injury. That’s not justice.”

The initiative was opposed by the Master Builders Association of King and Snohomish counties, along with other business interests in Everett and Snohomish County.

“We filed suit because it was necessary to protect the public’s best interest and ensure that our shared values of environmental stewardship are upheld as new homes are built and existing homes are remodeled for current residents, newcomers, and future generations,” the group’s executive director, Jerry Hall, said in a statement.

The builders' group and the city of Everett argued that the initiative threatened established rules that balance construction needs with environmental stewardship.

"The invalidation of Initiative 24-03 allows this existing framework to continue working as intended," Hall said.

Standing for Nature said the ruling was a setback but vowed to continue the legal battle to protect the Snohomish River and its watershed.

“Rights of nature is an emerging area of law, and it’s expected that early cases will be hard-fought. We are prepared for that fight,” Kurtz-McAlaine said. “The Snohomish River, the salmon, the orcas, and the people who depend on this watershed deserve full and rigorous legal consideration, and we are committed to ensuring that happens.”