Judge invalidates Everett river rights measure approved by voters in 2024 which developers challenged

Judge Jennifer Langbehn of Snohomish County Superior Court ruled that Initiative 24-03, which granted the Snohomish Watershed rights to “exist, regenerate, and flourish,” is invalid due to exceeding local initiative power. The initiative, approved by 57% of Everett voters in November 2024, allowed the public to sue on behalf of the watershed if its rights were violated. A lawsuit filed by eight plaintiffs, including development companies and builder associations, argued the initiative conflicted with existing federal and state laws. The City of Everett, initially a defendant, sided with the plaintiffs, leaving the nonprofit Standing for Nature to defend the initiative. Holtzclaw, general counsel for the Master Builders Association, stated that the case centered on the legality of the initiative rather than environmental issues.

In contrast, Kurtz-McAlaine expressed disappointment with the ruling and asserted that the initiative remained legally sound. She emphasized the need for legal representation for the watershed, stating, "Today, if the river is harmed, the community cannot take action unless they can prove personal injury. " Standing for Nature plans to appeal the ruling, highlighting the emerging legal landscape surrounding the rights of nature.