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ASARCO v. PUGET SOUND AIR POLLUTION

No. 9375-8-II.

51 Wn. App. 49 (1988)

751 P.2d 1229

ASARCO, INCORPORATED, Respondent, v. PUGET SOUND AIR POLLUTION CONTROL AGENCY, ET AL, Appellants.

The Court of Appeals of Washington, Division Two.

April 8, 1988.

Attorney(s) appearing for the Case

Keith D. McGoffin and McGoffin & McGoffin, for appellant Puget Sound Air Pollution Control Agency.

Kenneth O. Eikenberry, Attorney General, and Terese N. Richmond, Assistant, for appellant Department of Ecology.

Michael R. Thorp and Eisenhower, Carlson, Newlands, Reha, Henriot & Quinn, for respondent.

Ross A. MacFarlane on behalf of U.S. Environmental Protection Agency, amicus curiae.

PETRICH, J.

The Puget Sound Air Pollution Control Agency (PSAPCA) and the State of Washington by and through the Department of Ecology (DOE) appeal a superior court judgment reversing the Pollution Control Hearings Board's affirmance of an assessment of a civil penalty by PSAPCA1 against ASARCO for emitting smoke plumes in violation of PSAPCA's Regulation I, section 9.03(b)(1) and DOE's WAC 173-400-040(1). The Superior Court, concluding...

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