The Orca Appeal Was Validated by the State Growth Management Hearing Board

Published:
September 15, 2026

In a huge win for the environment, the state growth management hearing board validated The Orca Appeal, which appeals Seattle’s Comprehensive Plan Environmental Impact Statement (FEIS) for not adequately studying the impact of the comprehensive plan legislation on our Southern Resident Killer Whales.

The board confirmed that Seattle needs to fix the FEIS. They said "the entire FEIS is inadequate..." because Seattle officials studied the environmental impact of only about ⅓ of the total units it upzoned.The Board gave the City one year to fix or bring the FEIS into compliance with the ruling.

Now that the city is forced to accurately account for the full impact of the comp plan, we hope that the new analysis will chart a path toward a future of dense housing and growing tree canopy. 

The first phase of the comprehensive plan passed last year allows 99% of a typical residential lot to be covered in pavement and buildings. Seattle has permitted the removal of over 2,600 trees just since January 2026, when the comp plan zoning took effect, with 1,548 of them healthy trees removed solely for construction. 

99% of a property in Neighborhood Residential zoning can be paved in Seattle.

Studies show now clearly show that trees are critical to human health in urban environments, and the best guide for cities in a warming world is the 3-30-300 rule: everyone should be able to see at least three trees from their window, every neighborhood should have at least 30% canopy, and every person should live no more than 300 meters from their nearest urban green space. With a revised and accurate EIS, we have the opportunity to chart a new course as a city as we grow — one in which we grow with our irreplaceable urban forest.

Read more about the ruling from the Orca Appeals’ website.

The Orca Appeal is looking for support to offset their legal costs as they continue their efforts. 

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