No Science to Prove Harm

Testimony of Mike Gustavson at the Public Hearing 23 May 2011 Kitsap County Inventory and Characterization Report.

Kitsap County Board of Commissioners

May 23, 2011-7:00pm,Public Meeting

Ref Public Hearing

Item # E.  Public Hearing to consider the Shoreline Inventory and Characterization Report in support of Kitsap County’s Shoreline Master Plan (SMP) update process.


Sadly, the Kitsap County Shoreline Inventory and Characterization report will be used as the bass for the entire SMP update project.  It totally lacks scientific credibility.  There is no attempt to apply scientific criteria to measure or show “Proof of Harm“.

Without the nexus of a proven harm or even a criteria for measuring harm, the resulting SMP buffers merely become “takings” as in several US Supreme Court and Washington Supreme Court cases.  The principle ones that come to mind are the City of Tigard, City of Camas and the California Coastal Commission cases.

It would be appropriate to remind the BoCC of the cost to the county of the current KAPO case and to assure them of another to follow unless they force DOE to actually do the scientific work before proceeding.

When the CAO was signed off by the BoCC in 2005, Patty Lent acknowledged the science was not in place to justify the 100 foot buffers they were signing off on, but “By the time the SMP is updated  they would have the science”.  That’s public record and will be used by Pacific Legal Foundation as we go forward.

When I confronted DOE’s Joe Buckar on the science issue, he told me a couple months back: “DOE doesn’t have the funding to do the science”.

Mike Gustavson, Director,Kitsap Alliance of Property Owners

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