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LEMIRE v. STATE, DEPT. OF ECOLOGY

No. 87703-3.

309 P.3d 395 (2013)

178 Wn.2d 227

Joseph LEMIRE, Respondent, v. STATE of Washington, DEPARTMENT OF ECOLOGY; and the POLLUTION CONTROL HEARINGS BOARD, Appellants.

Supreme Court of Washington, En Banc.

August 15, 2013.

Attorney(s) appearing for the Case

Laura J. Watson , Attorney Generals Office, Ivy Anderson , Office of the Attorney General, Ecology, Olympia, WA, for Appellants.

Toni Meacham , Attorney at Law, Connell, WA, James Cortland Carmody , Velikanje Halverson PC, Yakima, WA, for Respondent.

Brian Trevor Hodges , Daniel Alexander Himebaugh , Pacific Legal Foundation, Bellevue, WA, Amicus Curiae on behalf of Pacific Legal Foundation and Washington Farm Bureau.

Caroline M. Coppock-Lobdell , Western Resources Legal Center, Portland, OR, Amicus Curiae on behalf of Washington Cattlemen's Association, Spokane County Cattlement, U.S. Cattlemen's Association, Cattle Producers of Washington.

Richard Kirk Eichstaedt , Spokane, WA, Amicus Curiae on behalf of Waterkeepers Washington.

Jesse G. Denike , Plauche & Carr LLP, Seattle, WA, Amicus Curiae on behalf of Pacific COAst Shellfish Growers.

Diana Rae Bob , Lummi Nation, Bellingham, WA, Amicus Curiae on behalf of Lummi Nation, Jamestown S'klallam Tribe, Port Gamble S'klallam Tribe, Swinomish Tribal Community, Tulalip Tribes, Stillaguamish Tribe, Nooksack Tribe, Suquamish Tribe.

Roger D. Wynne , Seattle City Attorney's Office, Richard L. Settle , Hugh Davidson Spitzer , Foster Pepper PLLC, Seattle, WA, Amicus Curiae.

Darren E. Carnell , Office of the Prosecuting Attorney, Seattle, WA, Amicus Curiae.

Jeffrey M. Eustis , Aramburu & Eustis LLP, Tim Trohimovich , Futurewise, Seattle, WA, Amicus Curiae on behalf of Futurewise.

Diane L. McDaniel , Attorney at Law, Olympia, WA, for Other Parties.

STEPHENS, J.

¶ 1 The Department of Ecology (Ecology) is charged with protecting our state waters from actual or potential contamination under the water pollution control act (WPCA), chapter 90.48 RCW. In this review of an administrative order, we are tasked with determining whether Ecology has acted within its statutory authority. Ecology issued an administrative order to a cattle rancher, Joseph Lemire, directing him to take several steps to curb pollution of...

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