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SIMPSON TACOMA KRAFT CO. v. ECOLOGY

No. 57949-1.

119 Wn.2d 640 (1992)

835 P.2d 1030

SIMPSON TACOMA KRAFT COMPANY, ET AL, Respondents, v. THE DEPARTMENT OF ECOLOGY, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

September 10, 1992.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, James K. Pharris, Senior Assistant, and Allen T. Miller, Jr., Assistant, for appellants.

Heller, Ehrman, White & McAuliffe, by John W. Phillips and Andrew M. Kenefick; Lane Powell Spears Lubersky, by Robert R. Davis, Jr., and Grant S. Degginger; Bogle & Gates, by Beth S. Ginsberg and Scott P. Isaacson, for respondents.

Victor M. Sher, Todd D. True, and Rebecca E. Todd on behalf of Sierra Club Legal Defense Fund, Inc., amicus curiae for appellants.

JOHNSON, J.

The Department of Ecology (Ecology) seeks review of the superior court judgment invalidating Ecology's use of its numeric water quality standard for the discharge of dioxin. The Superior Court invalidated this numeric standard and enjoined its enforcement due to Ecology's failure to follow rule-making procedures in adopting the standard. We affirm the Superior Court.

The respondents operate pulp and paper mills in Washington. Pulp and paper mills...

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