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BOARD OF NATURAL RESOURCES v. BROWN

No. 92-35004.

992 F.2d 937 (1993)

BOARD OF NATURAL RESOURCES OF the STATE OF WASHINGTON; and Washington State Board of Education, Plaintiffs-Appellants, v. Ronald H. BROWN, Secretary of Commerce of the USA; and the United States of America, Defendants-Appellees. COUNTY OF SKAMANIA; County of Cowlitz; County of Jefferson; County of Lewis; County of Pacific; Edward McLarney; County of Whatcom; and County of Skagit, Plaintiffs-Appellants, v. Ronald H. BROWN, Secretary of Commerce of the United States of America; and the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1993.

Attorney(s) appearing for the Case

John W. Hough, Deputy Atty. Gen., State of Washington, Olympia, WA, for plaintiffs-appellants Bd. of Natural Resources, Washington State Bd. of Educ.

Daniel B. Ritter, Davis Wright Tremaine, Seattle, WA, for plaintiffs-appellants County appellants.

Jeffrey P. Kehne, Environmental & Natural Resources Div., Dept. of Justice, Washington, DC, for defendants-appellees.

Lorraine Wilson, Sp. Asst. Atty. Gen., Olympia, WA, for amicus curiae Washington State School Directors' Ass'n.

Before: WALLACE, Chief Judge, and WRIGHT and LEAVY, Circuit Judges.

WALLACE, Chief Judge:

This appeal requires us to assess the validity and constitutionality of the Forest Resources Conservation and Shortage Relief Act, 16 U.S.C. §§ 620-620j (Act). Several Washington counties and the Washington State Boards of Education and Natural Resources (Boards) sought a declaratory judgment that the Act contravenes the Tenth Amendment and the due process clause of the Fifth Amendment, and that it constitutes a breach of the obligation...

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