Washington Farm Bureau Legal Foundation (WFBLF) and Washington Trucking Associations have filed an appeal to the Washington Supreme Court for the recent dismissal of their litigation against the Washington State Department of Ecology (DOE). The appeal follows Thurston County Superior Court Judge Lanese's unexplained dismissal of the case, which sought to reopen rulemaking in an effort to compel DOE to fulfill its statutory obligation to establish a true exemption program for farm fuel users and transporters of agricultural products.

The original case was brought before the Thurston County Superior Court to require DOE to initiate rulemaking to create a program that accurately protects farmers, ranchers, and transporters who are exempt under state law. Currently, without such a program in place, these groups continue to be subjected to carbon fees on fuel purchases. These fees impact consumers in Washington when transportation fees are passed through the supply chain, resulting in increased prices on food purchased at grocery stores and other retail locations.
"The lack of a working exemption program is a significant burden on our agricultural community," said Bre Elsey, Washington Farm Bureau’s Director of Governmental Affairs. "Judge Lanese’s decision to dismiss the case without explanation leaves agriculture with no other option but to pursue an appeal. We are committed to fighting for a solution that will relieve our farmers, ranchers, and transporters from these unlawful fees."

WFBLF and Washington Trucking Associations agree that DOE has a clear responsibility to develop an exemption program that aligns with the statutory protections intended for the agricultural sector. The failure to do so has resulted in ongoing financial strain for those who rely on these exemptions.

The appeal to the Washington Supreme Court is seen by the two organizations as a critical next step to ensure DOE fulfills its obligations, and the agricultural community is not unfairly penalized by the state’s carbon pricing policies.

The Washington State Legislature has acknowledged this programmatic failure by appropriating $30 million through the Agriculture Support Program in an effort to assist farm fuel users and transporters in recovering a portion of these fees. Without judicial intervention, the damage to agriculture and consumers will persist.