AMENDED [PROPOSED] ORDER 

GRANTING PLAINTIFF'S MOTION - 1 

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PRESTON GATES & ELLIS LLP 

925 FOURTH AVENUE 

SUITE 2900 

SEATTLE, WASHINGTON 98104-1158 

TELEPHONE: (206) 623-7580 

FACSIMILE:(206) 623-7022 

The Honorable Robert Lasnik 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

NORTHWEST PIPELINE CORPORATION, 

a Delaware Corporation, 

 Plaintiff, 

 v. 

DAVID L. ROSS and DEBRA L. ROSS, 

husband and wife, and the martial community 

composed thereof, et al. 

 Defendants. 

No. CV 05-1605 L 

AMENDED ORDER GRANTING 

PLAINTIFF'S MOTION FOR 

PRELIMINARY INJUNCTIVE 

RELIEF 

Note on Motion Calendar: October 14, 2005 

THIS MATTER came before the Court for hearing on Plaintiff’s Motion for 

Preliminary Injunctive Relief. Now having reviewed the following pleading: 

1. Plaintiff Northwest Pipeline Corporation’s Motion for Preliminary Injunctive Relief 

2. Declaration of J. Scott Long in Support of the Motion and exhibits attached thereto 

3. Declaration of Timothy L. Powell in Support of the Motion and exhibits attached 

thereto 

4. Declaration of John B. Davis in Support of the Motion and exhibits attached thereto 

5. Declaration of Rodney P. Gregory in Support of the Motion and exhibits attached 

thereto 

Case 2:05-cv-01605-RSL Document 40 Filed 10/14/05 Page 1 of 5
AMENDED [PROPOSED] ORDER 

GRANTING PLAINTIFF'S MOTION - 2 

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PRESTON GATES & ELLIS LLP 

925 FOURTH AVENUE 

SUITE 2900 

SEATTLE, WASHINGTON 98104-1158 

TELEPHONE: (206) 623-7580 

FACSIMILE:(206) 623-7022 

6. Defendant Ross’s Opposition to Northwest’s Motion for Preliminary Injunctive Relief 

Granting Possession 

7. Declaration of Dennis J. Dunphy in Opposition to Northwest’s Motion for Preliminary 

Injunctive Relief and exhibits attached thereto 

8. Declaration of David L. Ross in Opposition to Northwest’s Motion for Preliminary 

Injunctive Relief and exhibits attached thereto 

9. Northwest’s Reply in Support of Its Motion for Preliminary Injunctive Relief 

10. Declaration of Alina A. McLauchlan in Support of the Reply and exhibits attached 

thereto. 

11. Supplemental Declaration of J. Scott Long in Support of the Reply 

12. Declaration of Rex Johnson in Support of the Reply 

13. All other papers and pleadings filed in this matter 

And the Court having heard any argument of counsel, the Court hereby find and 

concludes as follows: 

FINDINGS OF FACT 

1. The proposed Capacity Replacement Project is scheduled to start on October 

17, 2005 so that maximum opportunity is given to Northwest to succeed at three horizontal 

direction drills ("HDDs") under three water bodies (the Nooksack, the North Fork of the 

Stillaguamish and the South Fork of the Stillaguamish). This Project is designed to replace 

the capacity of Northwest's 26-inch pipeline, which runs north to south through the state along 

the I-5 corridor. This pipeline must be retired pursuant to an order from the United States 

Department of Transportation's Office of Pipeline Safety. 

2. The FERC Order Authorizing Abandonment and Issuing Certificate (the 

"FERC" Order") found that public convenience and necessity required that the Project be built 

Case 2:05-cv-01605-RSL Document 40 Filed 10/14/05 Page 2 of 5
AMENDED [PROPOSED] ORDER 

GRANTING PLAINTIFF'S MOTION - 3 

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PRESTON GATES & ELLIS LLP 

925 FOURTH AVENUE 

SUITE 2900 

SEATTLE, WASHINGTON 98104-1158 

TELEPHONE: (206) 623-7580 

FACSIMILE:(206) 623-7022 

to ensure that Northwest can comply with current safety and operating standards while 

maintaining the capability to meet its customer commitments. 

3. The easements and other property interests Northwest described in the 

Complaint in the above captioned matter relating to Ross, Crabtree and the Bureau of Indian 

Affairs are necessary to attempt the HDDs this fall. Northwest needs immediate possession 

and use of these property rights to move forward with construction of the Project as approved 

in the FERC Order. 

4. Immediate possession and use of the property rights will not prejudice 

Defendants' right to just compensation for the property rights Northwest seeks to acquire in 

the condemnation action. 

5. If injunctive relief is not granted the HDDs cannot be attempted in time to 

ensure maximum opportunity for success and failure to grant this relief would jeopardize 

Northwest's ability to build the Project in time to provide the necessary supply of natural gas 

by the time the 26-inch pipeline is retired on December 18, 2006. 

CONCLUSIONS OF LAW 

 6. This Court has jurisdiction over defendants and the subject matter of this 

action. 

 7. Plaintiff has provided defendants with appropriate notice of this motion or has 

made every effort to provide appropriate notice of this motion to defendants. 

 8. Because waiting until after a trial to determine just compensation for each 

property interest would prevent Northwest from starting the HDDs this fall as contemplated in 

the FERC Order and could prevent Northwest from completing construction of the Project on 

time, preliminary injunctive relief granting immediate use and possession is appropriate. 

 9. Northwest has the right to condemn the property interests described herein 

under the FERC Order and the Natural Gas Act. 

10. Defendants defenses and arguments against preliminary injunction relief are 

Case 2:05-cv-01605-RSL Document 40 Filed 10/14/05 Page 3 of 5
AMENDED [PROPOSED] ORDER 

GRANTING PLAINTIFF'S MOTION - 4 

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PRESTON GATES & ELLIS LLP 

925 FOURTH AVENUE 

SUITE 2900 

SEATTLE, WASHINGTON 98104-1158 

TELEPHONE: (206) 623-7580 

FACSIMILE:(206) 623-7022 

unavailing and these defenses are not likely to succeed on the merits; there is a strong 

likelihood that Plaintiff will succeed on the merits of its claims. 

 11. Based on the Findings and Conclusions set forth above, the Court concludes 

that there is a strong likelihood that Plaintiff has the right to condemn the property interests 

set forth in the Complaint and there is a very substantial risk of irreparable harm to the 

Plaintiff, the pipeline users, and to the public interest if possession is not granted. 

ORDER OF PRELIMINARY INJUNCTION 

Now, therefore, based on these findings and conclusions, it is hereby ORDERED as follows: 

 A. Plaintiff's motion for preliminary injunction is GRANTED; and 

B. Plaintiff is entitled to immediate possession of all easements and other property 

interests as described in the Exhibits attached to this Order filed herewith and all attachments 

thereto as to Defendants Ross (Exhibits A-1, A-2, A-3, B-1, B-2 and B-3), Crabtree (Exhibits 

C-1 and C-2), BIA and allottees (Exhibits D-2, D-3, E-2, E-3, F-2 and F-3). 

 C. Northwest shall be entitled to possession of those easements and other property 

interest immediately upon posting a bond in the amount of its highest written offer to 

Defendants. Therefore, a bond must be posted in the amount of $167,291.80.1

 In accordance 

with the terms and conditions of FRCP 71A(j), the parties shall be liable for any different 

amount that may be determined to constitute just compensation. 

 DONE IN OPEN COURT this 14th day of October, 2005.

A

Robert S. Lasnik 

United States District Judge 

_________________________________ 

 

1

 The highest written offer to Ross is $55,582.64. The highest written offer to Crabtree is $4,683.16. 

The highest written offer to the BIA and allottees for the three parcels is as follows: $42,600.00, 

$42,084.00 and $22,342.00.

Case 2:05-cv-01605-RSL Document 40 Filed 10/14/05 Page 4 of 5
AMENDED [PROPOSED] ORDER 

GRANTING PLAINTIFF'S MOTION - 5 

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PRESTON GATES & ELLIS LLP 

925 FOURTH AVENUE 

SUITE 2900 

SEATTLE, WASHINGTON 98104-1158 

TELEPHONE: (206) 623-7580 

FACSIMILE:(206) 623-7022 

Presented by: 

PRESTON GATES & ELLIS LLP

By__________________________________ 

 Kimberly W. Osenbaugh, WSBA # 5307

 Alina A. McLauchlan, WSBA # 31576

Attorneys for Plaintiff 

Northwest Pipeline Corporation 

Case 2:05-cv-01605-RSL Document 40 Filed 10/14/05 Page 5 of 5