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PT AIR WATCHERS v. STATE, DEPT. OF ECOLOGY

No. 88208-8.

319 P.3d 23 (2014)

179 Wn.2d 919

PT AIR WATCHERS; No Biomass Burn; World Temperate Rainforest Network; Olympic Environmental Council; and Olympic Forest Coalition, Appellants, v. STATE of Washington, DEPARTMENT OF ECOLOGY; and Port Townsend Paper Corporation, Respondents.

Supreme Court of Washington, En Banc.

February 27, 2014.

Attorney(s) appearing for the Case

David Scott Mann , Gendler & Mann LLP, Seattle, WA, for Appellant.

Katharine G. Shirey , Atty. General's Office Ecology Div., Peter B. Gonick , Washington Attorney General's Office, Olympia, WA, Svend A. Brandt-Erichsen , Marten Law PLLC, Seattle, WA, Dustin Trowbridge Till , Attorney at Law, Portland, OR, for Respondent.

Brian Cammiade Gruber , Ziontz Chestnut Varnell Berley & Slonim, Seattle, WA, for Amicus Curiae on behalf of Washington Environmental Council.

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

J.M. JOHNSON, J.

¶ 1 In this case, we are asked to consider whether the Department of Ecology (Ecology), in determining that no environmental impact statement (EIS) was necessary for a proposed energy cogeneration project, failed to adequately consider the effects of carbon dioxide emissions and demand for woody biomass from the state's forests. We are also asked to consider whether the project is exempt from the EIS requirement as part of an energy recovery...

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