T'! F?
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
CASCADE BICYCLE CLUB, a NO. 67549-4-
Washington non-profit corporation,
FUTUREWISE, a Washington DIVISION ONE
non-profit corporation, and SIERRA
CLUB, a California non-profit
corporation,
PUBLISHED OPINION
Appellants,
v.
PUGET SOUND REGIONAL
COUNCIL, a state regional
transportation planning organization
and a federally designated
metropolitan planning organization,
Respondent. FILED: July 22, 2013
Leach, C.J. — Cascade Bicycle Club, Futurewise, and Sierra Club appeal
the trial court's dismissal of their challenge to the regional transportation plan
adopted by the Puget Sound Regional Council (PSRC) for King, Kitsap, Pierce,
and Snohomish Counties. They assert that the plan must, but does not, comply
with RCW 70.235.020(1)(a), which sets specific greenhouse gas emissions
reduction requirements for the state of Washington. They also assert that the
plan's environmental impact statement fails to comply with the State
NO. 67549-4-1 / 2
Environmental Policy Act (SEPA)1 because it fails to consider an alternative that
would meet the statutory reduction requirements, fails to make required
disclosures, and fails to consider available mitigations.
Our legislature and governor have recognized Washington's vulnerability
to climate change and global warming by setting ambitious goals for reducing the
total emission of greenhouse gases. With dramatic growth forecast for the Puget
Sound region, the path to achieving these goals remains unclear. Because the
transportation sector contributes about half of current greenhouse gas emissions,
one could reasonably expect that the transportation planners for the PSRC would
play a leading role in identifying political, financial, technological, and
developmental strategies that could actually achieve the state's stated goals.
And they have.
After years of gathering information and taking public comment, the PSRC
adopted a plan that describes a "preferred alternative": moving toward user fees
and away from gas taxes, altering land use patterns so as to make growth more
compact, increasing transit service and making it more accessible to walkers and
cyclists, improving the highways and ferry system, and using information
technology to make the entire system more efficient and reduce unnecessary
travel. But as the plan itself admits, even if this preferred alternative becomes a
1 Ch. 43.21CRCW.
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reality, emissions from surface transportation will continue to rise above baseline
levels and the Puget Sound region will not meet overall state goals. Major
technological changes that do have the potential to actually achieve the state's
goals for reducing emissions in the Puget Sound region—for example,
improvements to vehicles and fuels—are beyond the scope of a regional
transportation plan.
Our resolution of this appeal demonstrates that the current statutory
framework does not require that the PSRC adopt a transportation plan for the
Puget Sound region that achieves its proportional share of the state's goals for
reducing greenhouse gas emissions. Because the plan is not required to comply
with RCW 70.235.020(1 )(a) and the environmental impact statement complies
with SEPA's requirements, we affirm.
FACTS
In 1998, various units of general government in King, Kitsap, Pierce, and
Snohomish Counties, including the counties, entered into an interlocal agreement
to create a regional planning agency known as the PSRC. The agency's mission
is to preserve and enhance life in the central Puget Sound area. PSRC is funded
through a combination of state and federal grants, dues from PSRC members,
and other local sources.
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Under federal law, PSRC has been designated the metropolitan planning
organization for King, Kitsap, Pierce, and Snohomish Counties.2 As a
metropolitan planning organization, it must develop long-range transportation
plans and transportation improvement programs for its metropolitan planning
area to guide the funding and development of future transportation projects.3
PSRC's metropolitan planning area consists of the 4 counties, more than 70
cities and towns within the region, 4 port districts, the region's transit agencies,
the Washington State Department of Transportation, the Washington
Transportation Commission, the Muckleshoot Indian Tribal Council, and the
Suquamish Tribe.
Under state law, PSRC is the regional transportation planning organization
(RTPO) for the same four-county area.4 An RTPO is formed through the
"voluntary association of local governments within a county, or within
geographically contiguous counties."5 Among other duties, the RTPO must
coordinate with the Department of Transportation, transportation providers, ports,
and local governments within the region to prepare a regional transportation plan
2 See 23 U.S.C. 5 134(d).
349 U.S.C. § 5303(c)(1), (i)(2); see also 23 C.F.R. § 450.300-.338.
4 See RCW 47.80.020.
5 RCW 47.80.020.
NO. 67549-4-1 / 5
(RTP) that is "consistent with countywide planning policies . . . with county, city,
and town comprehensive plans, and state transportation plans."6
In 2007, Washington enacted a climate change mitigation statute,7 which
set specific greenhouse gas reduction goals for the state.8 In 2008, it enacted a
limiting greenhouse gas emissions statute,9 which repealed the "goals" set in
2007 and reenacted them as greenhouse gas emissions reduction requirements
for the state.10 Also in 2008, PSRC adopted a regional growth strategy, VISION
2040, which includes a number of multicounty planning policies adopted under
the Growth Management Act.11 Among the policies is MPP-En-20, which
addresses the region's contribution to climate change.
6 RCW 47.80.023(2), .030.
7 Ch. 80.80 RCW.
8 Former RCW 80.80.020 (2007), repealed by Laws of 2008, ch. 14, § 13.
9 Ch. 70.235 RCW.
10 RCW 70.235.020(1 )(a) establishes the following reduction
requirements:
(i) By 2020, reduce overall emissions of greenhouse gases
in the state to 1990 levels;
(ii) By 2035, reduce overall emissions of greenhouse gases
in the state to twenty-five percent below 1990 levels;
(iii) By 2050, the state will do its part to reach global climate
stabilization levels by reducing overall emissions to fifty percent
below 1990 levels, or seventy percent below the state's expected
emissions that year.
11 Ch. 36.70ARCW.
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In 2009, Washington Governor Christine Gregoire signed Executive Order
09-05, which sought to reduce greenhouse gas emissions by, among other
things, directing (1) the Department of Ecology to develop industry-specific
emissions benchmarks for various industries in Washington state that may in the
future be subject to a cap and trade program, (2) the Departments of Ecology,
Commerce, and Transportation to assess changes in Washington's
transportation fuel standards that "would best meet Washington's greenhouse
gas emissions reduction targets," (3) the secretary of the Department of
Transportation to work with the Departments of Ecology and Commerce to
"evaluate. . . the vehicle miles traveled benchmarks established in RCW
47.01.440 as appropriate to address low- or no-emission vehicles, and develop
additional strategies to reduce emissions from the transportation sector," and (4)
the secretary of the Department of Transportation to work with PSRC and other
regional councils to adopt RTPs to "provide people with additional transportation
alternatives and choices, reduce greenhouse gases and achieve the statutory
benchmarks to reduce annual per capita vehicle miles traveled in those counties
with populations greater than 245,000."
In 2007, PSRC began to develop an RTP, Transportation 2040 (T2040).
T2040 is a 30-year action plan to address transportation needs in the four-county
region. In 2009, PSRC issued a draft environmental impact statement (EIS) for
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T2040. Each appellant organization commented on this draft. PSRC issued a
final EIS in 2010.
In May 2010, PSRC adopted T2040 as the federal metropolitan
transportation plan and state regional transportation plan for the region. In June
2010, Cascade Bicycle Club, Futurewise, and Sierra Club (collectively
"Cascade") filed this action, requesting direct review under SEPA and declaratory
relief and a constitutional writ of review regarding PSRC's compliance with RCW
70.235.020(1 )(a). Cascade alleged that T2040 failed to meet the greenhouse
gas emissions reduction requirements in RCW 70.235.020(1 )(a), which it claimed
applied to PSRC. Cascade also contended that T2040 violated SEPA for several
reasons. The trial court dismissed Cascade's complaint, concluding that the
emissions limits in RCW 70.235.020(1 )(a) do not apply to PSRC and that the EIS
was adequate under SEPA. Cascade appeals.
The Snoqualmie Indian Tribe and the Tahoma Audubon Society each filed
an amicus curiae brief supporting Cascade's position. The Washington State
Departments of Ecology, Commerce, and Transportation filed an amicus curiae
brief supporting that of PSRC.
STANDARD OF REVIEW
This case includes an appeal from a trial court decision on a writ of review
under article IV, section 6 of the Washington State Constitution. On such
NO. 67549-4-1 / 8
appeals, we review de novo the agency tribunal's record to determine whether
the administrative body's action was illegal, arbitrary, or capricious, depending on
the issue presented.12 We do not review the trial court's record.13 Because this
appeal presents a legal question concerning PSRC's interpretation of RCW
70.235.020(1 )(a), we must determine whether PSRC's actions violated that
statute.14
We also review de novo an agency decision regarding the adequacy of an
EIS.15 We give substantial weight to the agency's determination that the EIS is
adequate under SEPA.16
ANALYSIS
Emissions Reductions in RCW 70.235.020(1 )(a) Do Not Apply to PSRC
Cascade claims that T2040 violates state law because implementing this
plan will not reduce greenhouse gas emissions in the applicable four-county
region to the statewide standard established in RCW 70.235.020(1 )(a). It
supports this claim with two distinct assertions: (1) PSRC is a state agent whose
12 City of Pes Moines v. Puget Sound Regional Council, 97 Wn. App. 920,
925, 988 P.2d 993 (1999).
13 City of Pes Moines, 97 Wn. App. at 925.
14 City of Pes Moines, 97 Wn. App. at 925.
15 Klickitat County Citizens Against Imported Waste v. Klickitat County,
122 Wn.2d 619, 632, 860 P.2d 390, 866 P.2d 1256 (1993) (citing Solid Waste
Alternative Proponents v. Okanogan County, 66 Wn. App. 439, 441, 832 P.2d
503(1992)).
16 RCW 43.21 C.090; Klickitat County, 122 Wn.2d at 633.
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NO. 67549-4-1 / 9
plan must comply with this statute and (2) PSRC obligated itself to comply with
the statute's emissions standards by adopting VISION 2040 as its regional
growth plan. Cascade's first assertion assumes that the statute requires every
regional plan to produce proportional emissions reductions for the applicable
geographic sector or source. Stated differently, Cascade contends that a plan
applicable to only one part of the state must meet the standard established by
statute for the state as a whole. Because RCW 70.235.020(1 )(a) does not
require proportional emissions reductions and PSRC did not agree that its
planning must comply with the statute's standards, we hold that T2040 does not
violate this statute.
In 2008, the Washington Legislature announced its intent to limit and
reduce greenhouse gas emissions. RCW 70.235.020(1 )(a) implements this
intent and states, "The state shall limit emissions of greenhouse gases to achieve
the following emission reductions for Washington state." Cascade claims that
this language requires a transportation plan for four counties to achieve the same
reductions within those counties. But the plain language of RCW 70.235.020
does not require pro rata emissions reductions. Additionally, Cascade's
contention proceeds from a faulty premise—that the state can achieve a global
reduction only through a pro rata reduction in each constituent part of the whole.
To illustrate by analogy, this premise would require accomplishing a 15 percent
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budget reduction only by paying 15 percent less for each item included in the
budget. This ignores the possibility of eliminating some items from the budget or,
alternatively, reducing the cost of some by more than 15 percent and others by
less. Similarly, the state can achieve the mandated greenhouse gas reductions
by eliminating some emission sources or, alternatively, by reducing some
sources by more than the required amount and others by less. Because RCW
70.235.020 requires only statewide emission reductions, Cascade's asserted pro
rata application of this statute fails.
Cascade points to RCW 70.235.050(1) to bolster its argument. This
statute states, "All state agencies shall meet the statewide greenhouse gas
emission limits established in RCW 70.235.020 to achieve the following
Cascade contends that this provision requires that every action by a state
agency, including a transportation plan adopted by PSRC, must meet these
emission limits. But the legislature's statement of its intent undermines
Cascade's position and demonstrates that RCW 70.235.050 applies only to
emissions produced by an agency's own operations.
The legislature adopted RCW 70.235.050 as Laws of 2009, chapter 519,
section 2. The legislature described chapter 519 as "AN ACT Relating to state
agency climate leadership," and section 1 of chapter 519 states,
The legislature finds that in chapter 14, Laws of 2008, the
legislature established greenhouse gas emission reduction limits for
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Washington state, including a reduction of overall emissions by
2020 to emission levels in 1990, a reduction by 2035 to levels
twenty-five percent below 1990 levels, and by 2050 a further
reduction below 1990 levels. Based upon estimated 2006 emission
levels in Washington, this will require a reduction from present
emission levels of over twenty-five percent in the next eleven years.
The legislature further finds that state government activities are a
significant source of emissions, and that state government should
meet targets for reducing emissions from its buildings, vehicles,
and all operations that demonstrate that these reductions are
achievable, cost-effective, and will help to promote innovative
energy efficiency technologies and practices.
(Emphasis added.)
The legislature's very specific statement of intent for RCW 70.235.050
strongly supports our conclusion. The legislature stated that this statute's
purpose is to reduce emissions from state agency operations, including buildings
and vehicles used in those operations, to demonstrate the reductions' feasibility,
and to promote innovation. By the imposition of emission standards upon state
agency operational activities, the legislature did not intend to impose those
standards upon every other state agency action. RCW 70.235.050 does not
require a future development plan adopted for a discrete region of the state,
which addresses nonoperational government action and the public's
transportation activities, comply with statewide greenhouse gas emission
standards.
Additional factors indicate that the legislature did not intend to impose pro
rata emission limits. RCW 70.235.050, which Cascade concedes does not apply
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to PSRC directly, requires that state agencies meet specific emissions reduction
requirements, and RCW 80.80.040 sets greenhouse gas emissions performance
standards for energy plants. These provisions demonstrate that where the
legislature wanted to require proportionate reductions, it plainly said so.
Second, Executive Order 09-05, signed by the governor after the
legislature passed RCW 70.235.020, contains specific directives to the
Pepartments of Ecology, Commerce, and Transportation to address sector-
specific approaches to reduce emissions. It also contained a specific directive to
PSRC. This suggests that the governor understood that the statute did not
require sector-specific measures.
In addition, PSRC's planning is limited to on-road vehicles. It does not
include freight rail, commercial or military aircraft, truck movements at industrial
facilities, cargo handling equipment, or oceangoing vessels. The Pepartment of
Ecology has identified three means of reducing emissions from on-road vehicles:
reducing vehicle miles traveled (VMT), increasing the use of clean fuels, and
increasing the use of clean vehicles. PSRC's jurisdiction extends only to VMT
reduction. Cascade would require that all of the emissions reductions for on-road
vehicles come from VMT reduction, ignoring the other two recognized methods of
achieving this goal. Cascade offers no persuasive explanation why RCW
70.235.020 requires this approach.
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Finally, the Pepartments of Ecology, Commerce, and Transportation, in
their amicus curiae brief, state clearly that the statute does not require
proportional reductions. We agree.
Cascade concedes that PSRC is not a state agency for the purposes of
both RCW 70.235.050 and the Washington Administrative Procedures Act.17 But
it claims that T2040 must comply with the statutory greenhouse gas limits
because PSRC "has the same obligations and responsibilities as its constituent
members, which include agencies and subdivisions of the state." Cascade
argues that PSRC's members "do not insulate themselves from state directives
through the formation of an interlocal agency." Because of our construction of
RCW 70.235.050, we do not address this argument.
Cascade also claims that PSRC "independently committed itself to
compliance with [greenhouse gas] reductions of [RCW] 70.235.020(1 )(a)." It
maintains, "While state law does not compel the PSRC to do so, the PSRC is
free to adopt policies committing the region to compliance with the same
[greenhouse gas] reductions applicable to the state as a whole." RCW
47.80.023(2) requires the RTP to be consistent with adopted countywide policies.
VISION 2040—PSRC's regional growth management strategy—adopted a series
of multicounty planning policies. One of these policies, MPP-En-20, states,
17 Ch. 34.05 RCW.
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NO. 67549-4-1 /14
"Address the central Puget Sound region's contribution to climate change by, at a
minimum, committing to comply with state initiatives and directives regarding
climate change and the reduction of greenhouse gases." T2040 states that it
"commits to supporting a heightened awareness of the relationship between
transportation and the environment, consistent with the regional environmental
sustainability framework established by VISION 2040." From this statute and
these statements, Cascade reasons as follows: (1) Vision 2040 establishes a
commitment to comply regionally with the statewide greenhouse gas emission
limits; (2) because PSRC adopted this policy, RCW 47.080.023(2) requires that
T2040 be consistent with it; and (3) to be consistent, T2040 must comply with the
statutory greenhouse gas emissions limits.
We disagree. VISION 2040 includes 21 separate general policies that
address climate change, reducing greenhouse gas emissions or related
environmental impacts. It also contains a series of "actions" developed to
implement the environmental policies, such as MPP-En-20. The "action" for
climate change is En-Action-7, which states,
The Puget Sound Regional Council and its member organizations
will work with the Puget Sound Clean Air Agency, state agencies,
and other environmental professionals to prepare an action plan
containing regional and local provisions. The plan should
investigate ways to: (a) address climate change in accordance with
the Governor's 2007 Climate Change initiative and state legislation
on greenhouse gas emissions reduction (RCW 80.80.020), (b)
reduce greenhouse gas emissions, and (c) take specific mitigation
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NO. 67549-4-1/15
steps to address climate change impacts. The plan should also
address establishing a regional climate change benchmark
program.
None of the relevant policies or actions in VISION 2040 adopts specific
greenhouse gas emission limits. PSRC did not agree to comply voluntarily with
RCW 70.235.020 by adopting VISION 2040.
Additionally, PSRC complied fully with En-Action-7 by producing a plan
that includes the necessary "investigations." We decline Cascade's invitation to
read a single sentence from VISION 2040 in isolation without regard to its
context or the plan's overall purpose and the multiple polices described in
VISION 2040. T2040 is consistent with VISION 2040 when viewing that plan
comprehensively.
The EIS Was Adequate under SEPA
Cascade contends that T2040 violates SEPA because the EIS prepared
for the plan (1) fails to identify the extent of T2040's violation of the statutory
greenhouse gas emissions reduction requirements, (2) fails to disclose T2040's
inconsistency with VISION 2040, and (3) fails to develop alternatives or
mitigations fully compliant with the statutory greenhouse gas emissions limits.
The record does not support these arguments.
We examine the legal sufficiency of the environmental data contained in
an EIS to determine whether the EIS is adequate under SEPA.18 We test EIS
18
Klickitat County, 122 Wn.2d at 633.
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adequacy according to the "rule of reason."19 The EIS must present decision
makers with a "'reasonably thorough discussion of the significant aspects of the
probable environmental consequences' of the agency's decision."20 An EIS aids
the decision-making process and need not address every conceivable effect or
alternative to a proposed project.21 "'[T]he EIS need include only information
sufficiently beneficial to the decision-making process to justify the cost of its
inclusion. Impacts or alternatives which have insufficient causal relationship,
likelihood, or reliability to influence decisionmakers are "remote" or "speculative"
and may be excluded from an EIS.'"22
Cascade claims that PSRC's discussion of the statutory emissions
reductions in the EIS was inadequate because PSRC's "failure to disclose the
Plan's violation of [the greenhouse gas] reduction requirements conceals the
extent to which the preferred alternative places the region and the state on a
direction that grossly departs from the goal of achieving climate stabilization." It
argues that additional greenhouse gas discharges beyond the statutory levels
represent irreversible and irretrievable commitments of resources and pose long-
19 Klickitat County. 122 Wn.2d at 633.
20 Klickitat County, 122 Wn.2d at 633 (internal quotation marks omitted)
(quoting Cheney v. Mountlake Terrace, 87 Wn.2d 338, 344-45, 552 P.2d 184
(1976)).
21 Klickitat County, 122 Wn.2d at 641.
22 Klickitat County, 122 Wn.2d at 641 (quoting Richard L. Settle, The
Washington State Environmental Policy: A Legal and Policy Analysis §
14(a), at 157 (4th ed. 1993)).
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NO. 67549-4-1/17
term risks to the environment, including impacts on air quality, climate, and public
health.23 Cascade also asserts that because PSRC voluntarily adopted the
reduction requirements in RCW 70.235.020(1 )(a) when it adopted VISION 2040,
PSRC's failure in the EIS to disclose T2040's noncompliance with those
requirements conflicts with WAC 197-11-440(6)(d)(i). That rule requires that an
EIS include how the proposed action is "consistent and inconsistent" with existing
plans.
Cascade's appeal is limited to PSRC's failure in the EIS to disclose an
alleged statutory violation; Cascade makes no claim that the EIS otherwise fails
to adequately describe or disclose the potential environmental impacts of T2040.
As discussed above, RCW 70.235.020(1 )(a) does not require that a regional plan
meet the global state emission limits. Because no statutory violation exists,
Cascade's argument fails.
Cascade also claims that the EIS violates SEPA because it does not
identify and analyze alternatives and mitigations capable of attaining the
greenhouse gas emission limits established in RCW 70.235.020(1 )(a). Cascade
points to projections that PSRC prepared in 2008 and alleges, "[B]y the year
2030 [greenhouse gas] reductions of up to 47% of 1990 emission levels could be
attained through a combination of increased fuel efficiency, reduced carbon
23
See WAC 197-11-440(6)(c)(ii).
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NO. 67549-4-1/18
content and a 30% reduction in per capital [sic] vehicle miles traveled." It then
argues, "For whatever reason, PSRC abandoned efforts to develop an alternative
that would be consistent with these projections."
When preparing an EIS, an agency must describe the proposal as well as
reasonable alternative courses of action.24 "Reasonable alternatives shall
include actions that could feasibly attain or approximate a proposal's objectives,
but at a lower environmental cost or decreased level of environmental
degradation."25 "The word 'reasonable' is intended to limit the number and range
of alternatives, as well as the amount of detailed analysis for each alternative."26
Notably, "[reasonable alternatives may be those over which an agency with
jurisdiction has authority to control impacts either directly, or indirectly through
requirement of mitigation measures."27
Because T2040 is a nonproject proposal, the EIS is a nonproject final EIS
under WAC 197-11-442. As such, WAC 197-11-060(3)(a)(iii) encouraged PSRC,
in developing T2040, to describe its proposal "in terms of objectives rather than
preferred solutions." For this nonproject proposal, PSRC has more flexibility in
preparing an EIS because "there is normally less detailed information available
24 WAC 197-11-440(5)(a).
25WAC197-11-440(5)(b).
26WAC197-11-440(5)(b)(i).
27 WAC 197-11-440(5)(b)(iii).
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on their environmental impacts and on any subsequent project proposals."28 The
EIS must discuss impacts and alternatives "in the level of detail appropriate to
the scope of the nonproject proposal and to the level of planning for the
proposal. ... In particular, agencies are encouraged to describe the proposal in
terms of alternative means of accomplishing a stated objective."29 The
discussion of alternatives "shall be limited to a general discussion of the impacts
of alternate proposals for policies contained in such plans, for land use or
shoreline designations, and for implementation measures."30 Additionally, it
needs to address "reasonable mitigation measures" that would "significantly
mitigate" the impacts of alternative courses of action, as well as the proposed
action.31
Although RCW 70.235.020(1 )(a) does not impose its requirements upon
PSRC, PSRC addresses its inability to singlehandedly meet the statutory
emissions limits. The EIS specifically identifies the statutory emission reduction
levels and states, "These goals are statewide reduction goals, across all sectors
and sources of emissions. While these goals are enacted in state law, the state
has not yet assigned targets for the regions of the state, or for individual sectors
(transportation, energy, housing, etc.)." Chapter 70.235 RCW did not amend
28 WAC 197-11-442(1).
29 WAC 197-11-442(2).
30 WAC 197-11-442(4).
31 WAC 197-11-440(6)(a).
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NO. 67549-4-1 / 20
SEPA, and RCW 70.235.020(1 )(a) contains no proportional reduction
requirement applicable to PSRC. T2040 contains 13 objectives, which are not
limited to addressing climate change. In fact, only two of them specifically
mention climate change. T2040 includes a baseline alternative plus six action
alternatives, including a preferred alternative. Cascade overlooks PSRC's limited
jurisdiction and that the RTP cannot address emission levels for emission
sources throughout Washington state not subject to its authority.
T2040 contains a four-part greenhouse gas reduction strategy. This
includes measures for changes in land use, user fees, transportation choices,
and technological improvements such as improving fuel efficiency and increasing
availability of alternative fuel vehicles. In the EIS, PSRC discusses alternatives
in T2040 over which it has jurisdiction, including land use, user fee, and
transportation choice strategies, to reduce greenhouse gas emissions. At the
same time, it recognizes that its inability to determine the region's future vehicle
and fuel technologies limits its capacity to reduce emissions below 2006 baseline
levels.
In developing the preferred alternative for T2040, PSRC identified "areas
of potential controversy and uncertainty," such as future land use assumptions,
climate change and greenhouse gas emissions, qualitative versus quantitative
analysis methods, and impacts to low income and minority populations. PSRC
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acknowledges that it used a 2006 baseline to measure greenhouse gas
reductions, rather than the 1990 baseline used in RCW 70.235.020(1 )(a). The
EIS states expressly that due to the noted uncertainties and difficulties, including
challenges in calculating a 1990 baseline as well as in determining what portion
of the emissions reduction the transportation sector and the central Puget Sound
region should bear, "it is not possible to state with certainty whether the
transportation sector in the central Puget Sound region would be able to reach
the 1990 greenhouse gas reduction goals set by the state of Washington." The
EIS clearly identifies the factors that prevent PSRC from determining if any
T2040 alternative would reach the statutory emissions levels.
None of the alternatives alone would reduce greenhouse gases to the
levels that RCW 70.235.020(1 )(a) requires. In response to comments on the
draft EIS, PSRC tested additional strategies to reduce greenhouse gas
emissions. The agency collaborated with the Pepartment of Ecology to develop
a "likely" and an "aggressive" technology scenario regarding improved vehicle
and fuel technologies. The region's vehicle and fuel technological advancement
is not subject to PSRC's planning process. This makes it difficult for the agency
to develop alternatives that account for such improvements. PSRC explains that
technological advancements could reduce emissions for all alternatives below
the 2006 baseline levels. But, as discussed above, "solely from within the
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context of long-range transportation planning," it is difficult to state conclusively
that the transportation sector in the central Puget Sound region could reach the
statutory emissions reductions because of comparison challenges and
uncertainties about the geographic and sector emissions distributions. Even
though PSRC is not obligated on its own to meet the emissions reduction levels
in RCW 70.235.020(1 )(a), it sufficiently addresses its measures intended to help
reach those emissions levels, as well as obstacles and the necessary
collaboration for meeting them. Under the "rule of reason," each of the proposed
alternatives in the final EIS represents actions that could feasibly attain T2040's
objectives while reducing the transportation sector's environmental impact,
considering PSRC's available resources and its limited jurisdiction.
PSRC's four-part greenhouse gas strategy aims to reduce the
environmental impact of on-road vehicles in the region. Cascade acknowledges
this strategy and does not dispute its validity. The mitigation measures in the EIS
must relate to the environmental impacts that the EIS specifies, not to alleged
violations of an inapplicable statute.32 Because the EIS adequately considers
reasonable alternatives to the "preferred alternative" and it adequately discusses
significant environmental impacts of the proposed alternatives, the mitigation
measures need only address those impacts. As a nonproject final EIS, the EIS
32 WAC 197-11-440(6)(a).
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defines alternatives and evaluates environmental effects at a relatively broad
level. It then explains, "More detailed project-specific environmental review will
be developed as appropriate in the future for projects identified in the
Transportation 2040 plan that are selected for implementation by their sponsors:
Washington State Pepartment of Transportation (WSPOT), transit agencies,
counties, and cities."
We repeat our observation in City of Pes Moines v. Puget Sound Regional
Council33 that PSRC is a mere planning agency that has authority only to adopt
planning policies in various forms. Even though PSRC is not required to include
specific mitigation measures in the RTP, a "dire prediction that mitigation will
never be undertaken because it has not been specifically imposed by the
PSRC's authorization for further planning is unfounded."34 The interlocal
agreement establishing PSRC indicates that the RTP forms a basis for state and
local transportation planning. Agencies with permitting authority are responsible
for imposing project-specific mitigation measures.35
The EIS states,
All plan alternatives are intended to support and be consistent with
VISION 2040, with the following objectives: to serve regional
growth, improve mobility, preserve the existing system, and
mitigate potential impacts associated with urban growth.
33 97 Wn. App. 920, 927-28, 988 P.2d 993 (1999).
34 City of Pes Moines, 97 Wn. App. at 928.
35 City of Pes Moines, 97 Wn. App. at 927-28.
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NO. 67549-4-1 / 24
Nevertheless, implementation of any of the alternatives would likely
cause a range of impacts. There are numerous actions that the
region's public agencies (and future project sponsors) could take to
reduce these impacts.
It discusses possible mitigating measures at the local, regional, and state levels.
The EIS identifies mitigation measures for each of the elements of the
environment that it addresses, including "Air Quality and Climate Change." It
explains, "All of the Transportation 2040 alternatives contain similar project types,
so the mitigation measures identified would be similar for all alternatives.
However, each alternative contains different quantities of new projects and
programs, so the amount of mitigation required could differ by alternative." The
amount of mitigation required "would likely correspond to the magnitude of
impacts" for each alternative, which the EIS discusses. In the EIS, PSRC also
recognizes, "With regard to the desire to reduce greenhouse gas emissions, new
and yet-to-be-developed fuel technology and vehicle design may further mitigate
air pollution, reduce harmful runoff, and improve water quality." PSRC
sufficiently addresses reasonable mitigation measures because it not only
discusses general actions for all alternatives but also acknowledges that further
actions may be necessary to reduce the environmental impacts it discusses and
points to specific agencies that have such authority.
Executive Order 09-05, titled "Washington's Leadership on Climate
Change," contained specific directives to state agencies to make certain
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NO. 67549-4-1 / 25
assessments and to develop certain recommendations, actions, and strategies
that would allow the transportation sector to reduce greenhouse gas emissions.
But, at this time, the legislature has not enacted region- or sector-specific
measures or standards. We cannot hold PSRC to standards that do not exist.
RCW 47.01.440 establishes statewide benchmarks to reduce annual per
capita VMT. These benchmarks are not requirements. The executive order
directed the Department of Transportation to evaluate the benchmarks and to
work with regional councils to develop and implement RTPs to meet those
benchmarks in certain counties. The EIS states that VMT per capita for light
trucks and passenger vehicles in the region already meets the 2020 benchmark
in RCW 47.01.440, although its assessment does not include emissions from
transit vehicles. However, RCW 47.01.440 does not impose the statewide
benchmark upon PSRC's four-county region.
CONCLUSION
RCW 70.235.020(1 )(a) does not require that PSRC adopt an RTP that
achieves the statute's statewide greenhouse gas emissions reduction
requirements because the statute does not require proportional emissions
reductions. PSRC did not voluntarily commit itself to the statute's emissions
reduction levels when it adopted VISION 2040. PSRC's EIS for T2040 satisfies
SEPA because PSRC is not bound by RCW 70.235.020(1 )(a), the EIS effectively
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NO. 67549-4-1 / 26
assesses reasonable alternative actions, and the EIS sufficiently discusses
mitigation measures to reduce T2040's environmental impact. We affirm.
9-
WE CONCUR:
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