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FOSTER v. WASHINGTON STATE DEPT. OF ECOLOGY

No. 90386-7.

362 P.3d 959 (2015)

184 Wn.2d 465

Sara FOSTER, Appellant, v. WASHINGTON STATE DEPARTMENT OF ECOLOGY; The City of Yelm; and Washington Pollution Control Hearings Board, Respondent.

Supreme Court of Washington, En Banc.

Decided October 8, 2015.

Attorney(s) appearing for the Case

Michael Patrick Williams , Attorney at Law, Seattle, WA, for Appellant.

Travis H. Burns , Attorney General of Washington, Robin Grace McPherson , Attorney at Law, Ecology Division A.G. Office, Attorney at Law, Diane L. McDaniel , Attorney at Law, Joseph Anthony Brogan , P. Stephen Dijulio , Foster Pepper PLLC, Seattle, WA, for Respondent.

David S. Schneider , Attorney at Law, Lacey, WA, Darren John Nienaber , Olympia City Attorney's Office, Olympia, WA, amicus counsel for Cities of Olympia and Lacey.

David L. Monthie , DLM & Associates, Olympia, WA, amicus counsel for Carnegie Group and Center for Environmental Law and Policy.

¶ 1 This case involves a challenge to a water right permit issued by the Department of Ecology to the city of Yelm. The permit was issued pursuant to RCW 90.54.020(3)(a), which allows Ecology to authorize withdrawals of water that impair minimum flows where it is determined that overriding considerations of the public interest ...

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