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SKOKOMISH INDIAN TRIBE v. FITZSIMMONS

No. 23367-3-II.

982 P.2d 1179 (1999)

97 Wash.App. 84

SKOKOMISH INDIAN TRIBE, a federally recognized Indian tribe, Appellant, v. Tom FITZSIMMONS, Director, Washington Department of Ecology; the Washington Department of Ecology; and the State of Washington, Respondents.

Court of Appeals of Washington, Division 2.

August 20, 1999.

Attorney(s) appearing for the Case

Jennifer Tanya Barnett, Assistant Atty. Gen., Olympia, for Respondents.

Mason D. Morisset, Morisset, Schlosser, Ayer etc., Seattle, for Appellant.

Richard Andrew Agnew, Van Ness Feldman, Seattle, for Amicus Curiae City of Tacoma.

HUNT, J.

The Skokomish Indian Tribe (Tribe) appeals dismissal of its petition to have declared illegal the Washington State Department of Ecology's (DOE) refusal to object to the City of Tacoma's (City) licensing proposal for its Cushman Dam Project. DOE's statement of compliance or non-compliance was an essential step in the Federal Energy Regulatory Commission's (FERC) processing of this proposal. Although DOE acknowledged...

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