LONGVIEW FIBRE CO. v. STATE

No. 20926-8-II.

949 P.2d 851 (1998)

LONGVIEW FIBRE COMPANY, Respondent, v. STATE of Washington, DEPARTMENT OF ECOLOGY, Appellant.

Court of Appeals of Washington, Division 2.

January 23, 1998.


Attorney(s) appearing for the Case

Mary Sue Wilson, Department of Ecology, Maia D. Bellon, Assistant Attorney General, Olympia, for Appellant.

William L. Dowell, William Jeffrey Davis, Assistant General Counsel, Longview, for Respondent.


SEINFELD, Judge.

The Department of Ecology fined Longview Fibre Company $5,000 for failing to maintain pollution control equipment at its kraft pulp mill in a manner consistent with "good air pollution control practice." WAC 173-405-040(10). The superior court held that this regulation was unconstitutionally vague and reversed the Pollution Control Hearings Board's ruling upholding the penalty. Finding that the regulation is not void for vagueness, we reverse the...

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