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CORNELIUS v. WASHINGTON DEPT. OF ECOLOGY

No. 88317-3.

344 P.3d 199 (2015)

Scott CORNELIUS, an individual, Palouse Water Conservation Network, and Sierra Club Palouse Group, Appellants, v. WASHINGTON DEPARTMENT OF ECOLOGY, Washington State University, and Washington Pollution Control Hearings Board, Respondents.

Supreme Court of Washington, En Banc.

February 12, 2015.

Attorney(s) appearing for the Case

Rachael Paschal Osborn , Attorney at Law, Spokane, WA, for Appellant.

Alan Myles Reichman , Ofc. of the Aty. General/Ecology Division, Diane L. McDaniel , Attorney at Law, Olympia, WA, Frank M. Hruban , Washington State Attorney General, Spokane, WA, Sarah Ellen Mack , Lynne Michele Cohee , Tupper Mack Wells PLLC, Seattle, WA, for Respondent.

David L. Monthie , DLM & Associates, Olympia, WA, for amicus counsel for Sequalitchew Creek Watershed Council, Ridge, Okanogan Wilderness League, Aqua Permanente, Protect Our Peninsula's Future, Friends of the San Juans, Protect Our Whidbey Water, Methow Valley Citizens Council, Five Corners Family Farmers, and Okanogan Highlands Alliance.

Kimberly Louise Ordon , Law Offices of Kimberly Ordon, PS, Duvall, WA, Lauren Patricia Rasmussen , Law Offices of Lauren P. Rasmussen PLLC, Seattle, WA, Melody L. Allen , Suquamish Tribe , Office of Tribal Attorn., Suquamish, WA, for amicus counsel for the Jamestown S'klallam Tribe, Suquamish Tribe, Tulalip Tribes, and Port Gamble S'klallam Tribe.

Adam Waldon Gravley , Tadas A. Kisielius , Van Ness Feldman LLP, Seattle, WA, for amicus counsel for Washington Water Utilities Council.

¶ 1 In 2003, our legislature made substantial amendments to this state's water law. In 2010, we found those amendments facially constitutional. Today, Scott Cornelius, Palouse Water Conservation Network, and Sierra Club Palouse Group (collectively Cornelius) bring an as-applied constitutional claim (among other claims) against Washington...

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