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STATE, DEPT. OF ECOLOGY v. WAHKIAKUM COUNTY

No. 44700-2-II.

337 P.3d 364 (2014)

STATE of Washington, DEPARTMENT OF ECOLOGY, Appellant, v. WAHKIAKUM COUNTY, a political subdivision of Washington State, Respondent.

Court of Appeals of Washington, Division 2.

November 4, 2014.

Attorney(s) appearing for the Case

Harold Lee Overton , Attorney at Law, Olympia, WA, for Appellant.

Daniel Herbert Bigelow , Wahkiakum Prosecuting Atty, Cathlamet, WA, for Respondent.

Glenn J. Carter , Lewis County Prosecuting Attorney, Chehalis, WA, for Amicus Curiae on behalf of Washington Lewis County.

Kenneth W. Harper , Menke Jackson Beyer, LLP, Yakima, WA, for Amicus Curiae on behalf of Natural Selection Farms, Inc. and Boulder Park, Inc.

Konrad James Liegel , Konrad J. Liegel , Attorney-At-Law, PLLC, Seattle, WA, James B. Slaughter , Washington, DC, Amicus Curiae on behalf of Northwest Biosolids Management Association, National Association of Clean Water Agencies, Washington Assoc. of Sewer & Water Districts, and Town of Cathlamet.

LEE, J.

¶ 1 The Washington State Legislature has charged the Department of Ecology (Ecology) with executing the state's biosolids program to facilitate and encourage recycling, rather than disposal, of sewage waste. In 2011, Wahkiakum County passed an ordinance banning the use of the most common class of biosolids within the County. Ecology filed an action for an injunction and declaratory judgment arguing that the County's ordinance conflicts with state law...

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