TED RASMUSSEN FARMS, LLC v. STATE

No. 22989-1-III.

110 P.3d 823 (2005)

TED RASMUSSEN FARMS, LLC, Appellant, v. STATE of Washington Department of Ecology, Respondent.

Court of Appeals of Washington, Division 3, Panel One.

Reconsideration Denied July 8, 2005.


Attorney(s) appearing for the Case

Timothy H. Esser, Libey, Ensley, Esser & Nelson, Pullman, WA, for Appellant.

Leslie R. Seffern, Assistant Attorney General, Olympia, WA, for Respondent.


SWEENEY, J.

¶ 1 The Washington Clean Air Act (chapter 70.94 RCW) required the Department of Ecology to study and then devise alternatives to the standard farming practice of burning perennial grass fields. Once Ecology certified an alternative, burning would no longer be allowed. Mechanical residue management, primarily by baling, is that certified alternative. WAC 173-430-045(2). Ecology's regulations create an exception...

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