SEATTLE v. DEPARTMENT OF ECOLOGY

No. 6315-8-II.

37 Wn. App. 819 (1984)

683 P.2d 244

THE CITY OF SEATTLE, Respondent, v. THE DEPARTMENT OF ECOLOGY, Appellant.

The Court of Appeals of Washington, Division Two.

June 13, 1984.


Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, Charles B. Roe, Jr., Senior Assistant, and Wick Dufford, Assistant, for appellant.

Douglas N. Jewett, City Attorney, for respondent.


REED, J.

This appeal presents a single, narrow issue of procedural law with no disputed facts. We must determine whether the Pollution Control Hearings Board (PCHB) has jurisdiction to determine the validity of a rule promulgated by the Department of Ecology (DOE). We hold it does not. The undisputed facts are as follows.

In September of 1979, DOE issued a regulation establishing instream flows on streams in the Snohomish River Basin. The regulation encompassed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases