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PACIFIC TOPSOILS v. STATE DEPT. OF ECOLOGY

No. 39691-2-II.

238 P.3d 1201 (2010)

PACIFIC TOPSOILS, INC., a Washington Corporation, Appellant, Dave Forman, an individual, Plaintiff, v. The WASHINGTON STATE DEPARTMENT OF ECOLOGY, a Division of the State of Washington, Respondent.

Court of Appeals of Washington, Division 2.

August 24, 2010.

Attorney(s) appearing for the Case

Jane Ryan Koler , Law Office of Jane Ryan Koler PLLC, Gig Harbor, WA, for Appellant.

Joan Margaret Marchioro , Wa. State Atty General's Ofc/Ecology Div., Olympia, WA, for Respondent.

PART PUBLISHED OPINION

WORSWICK, J.

¶ 1 Pacific Topsoils, Inc. (PTI) appeals from a Pollution Control Hearings Board (Board) order upholding fines assessed against PTI by the Washington State Department of Ecology (DOE) for filling wetlands without proper permits. PTI argues: (1) the DOE lacks statutory authorization to regulate wetlands under RCW 90.48.080; (2) chapter 90.48 RCW and WAC 173-201A-300 are unconstitutionally vague as to filling wetlands...

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