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ASARCO, INC. v. PUGET SOUND AIR POLLUTION CONTROL AGENCY

No. 55274-6.

112 Wn.2d 314 (1989)

771 P.2d 335

ASARCO, INCORPORATED, Petitioner, v. PUGET SOUND AIR POLLUTION CONTROL AGENCY, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

April 13, 1989.

Attorney(s) appearing for the Case

Eisenhower, Carlson, Newlands, Reha, Henriot & Quinn, by Michael R. Thorp, for petitioner.

McGoffin & McGoffin, by Keith D. McGoffin, for respondent Puget Sound Air Pollution Control Agency.

Kenneth O. Eikenberry, Attorney General, and Laurie Sillers Halvorson, Assistant, for respondent Department of Ecology.

Ross A. MacFarlane and Deborah E. Hilsman on behalf of U.S. Environmental Protection Agency, amici curiae for respondents.

CALLOW, C.J.

ASARCO challenges the authority of the Puget Sound Air Pollution Control Agency (PSAPCA) and the Washington State Department of Ecology (DOE) to enforce regulations which prohibit the emission of air contaminants based solely on an emission's opacity. We uphold the agencies' authority to enforce the challenged regulations, finding that (1) the Legislature has explicitly given the agencies the authority to adopt...

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