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SQUAXIN ISLAND TRIBE v. DEPT. OF ECOLOGY

No. 42710-9-II.

312 P.3d 766 (2013)

SQUAXIN ISLAND TRIBE, Respondent, v. WASHINGTON STATE DEPARTMENT OF ECOLOGY, a State agency; Ted Sturdevant, Director of the Washington Department of Ecology, in his official capacity; Christine Gregoire, Governor of the State of Washington, in her official capacity; and Mason County, a municipal corporation political subdivision of the State of Washington, Appellants.

Court of Appeals of Washington, Division 2.

November 13, 2013.

Attorney(s) appearing for the Case

Stephen H. North , Attorney General of Washington, Olympia, WA, for Appellants.

Kevin R. Lyon , Sharon Ilene Haensly, Squaxin Island Legal Dept., Shelton, WA, for Respondent.

Timothy W. Whitehead , Michael K. Dorcy , Mason County Prosecutors Office, Shelton, WA, for other Parties.

FORBES, J.*

¶ 1 The Washington State Department of Ecology (Ecology) appeals from the superior court's order concluding that Ecology's denial of the Squaxin Island Tribe (Tribe)'s rulemaking petition was arbitrary and capricious, and requiring Ecology to engage in rulemaking to amend watershed management rules to protect minimum instream flows of Johns Creek in Mason County as requested in the Tribe's petition. The Tribe contends...

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