Over at envirotalk Jim Lazar announces that Quality Rock lost their appeal to expand their operations down south of Tumwater on the Black River:

Sue Danver just handed me a decision by the Supreme Court denying to hear the appeal of Quality Rock.

That means the rejection, affirmed by the Court of Appeals, is final.

"Department II of the Court, composed of Chief Justice Alexander and Justices Chambers, Madsen, Fairhurst and Stephens (Justice C. Johnson sat for Justice Chambers), at it's April 1, 2008 Motion Calendar, considered whether review should be granted pursuant to RAP 13.4(b), and unanimously agreed that the following order be entered:

IT IS ORDERED

That the Petition for Review is denied.

DATED at Olympia, Washington this 2nd day of April, 2008

For the Court

Gerry Alexander
Chief Justice

Congratuations to Audubon for sticking it out, and to Sue for guiding it along.

Here's a rundown of history of the case:

Quality Rock Products asks to be heard by the Supreme Court

Over six years ago, Black Hills Audubon Society (BHAS) began to contest a permit request submitted to Thurston County by Quality Rock Products (QRP) to expand a gravel mine and to locate an asphalt plant and concrete plant near the headwaters of the Black River. In the beginning, people suggested that the permit was a done deal. But BHAS, with remarkable support from its loyal mem- bership, persisted and won in the Court of Appeals in February 2007 with a very solid decision.

The Court recognized that the Black River is closed to further water withdrawals in summer and that QRP had not adequately ad- dressed its water usage for wash- ing gravel, making concrete, and other water-intensive activities. (QRP does not have a water right.)

Nevertheless, in July 2007, Quality Rock Products requested that the Washington State Supreme Court hear its appeal. BHAS responded to the QRP request. Then, in August, the Washington State Farm Bureau, Washington State Dairy Association, Washington Aggregate and Concrete Association, Association of Washington Businesses, the Pacific Legal Foundation, and three Washington building and contracting associations submitted three separate briefs asking to participate on behalf of QRP. The BHAS board retained Dave Bricklin and Devon Shannon to answer these three briefs with a second response brief. BHAS believes that the arguments presented by QRP (and friends) are weak. The Supreme Court will decide whether to take the case by spring 2008.

For one more winter, the Black River Corridor resi- dents remain free from asphalt-tainted air. There will still be Steller’s jays aloft.

The bolding is mine, because its worth noting the heavy hitters QRP brought to the case. Obviously, the farm bureau, the AWB and the Pacific Legal Foundation saw this case as being more important than just one gravel mine. It would be interesting to get ahold of their filings and see just what tact they took on the case.