SNOHOMISH CNTY. v. POLLUTION CONTROL

No. 46378-4-II.

368 P.3d 194 (2016)

192 Wash.App. 316

SNOHOMISH COUNTY, King County, and Building Industry Association of Clark County, Appellants, v. POLLUTION CONTROL HEARINGS BOARD, and Washington State Department of Ecology, and Puget Soundkeeper Alliance, Washington Environmental Council, and Rosemere Neighborhood Association, Respondents.

Court of Appeals of Washington, Division 2.

January 19, 2016.


Attorney(s) appearing for the Case

Alethea Hart , Laura Colthurst Kisielius , Snohomish County Prosecutor's Office, Everett, WA, Devon N. Shannon , King County Prosecuting Attorney's Office, Joseph B. Rochelle III , Attorney at Law, Darren E. Carnell , Office of the Prosecuting Attorney, Seattle, WA, James Denver Howsley , Jordan Ramis, PC, Vancouver, WA, for Appellants.

Ronald L. Lavigne Jr. , Atty. Gen. Ofc./Ecology Division, Phyllis Jean Barney , Office of the Attorney General, Olympia, WA, Jan Erik Hasselman , Janette K. Brimmer , Earthjustice, Seattle, WA, for Respondents.

Nancy Bainbridge Rogers , Randall P. Olsen , Cairncross & Hempelmann PS, Seattle, WA, for Amicus Curiae on behalf of Master Builders Association of King and Snohomish Counties.

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


¶ 1 Snohomish County, King County, and the Building Industry Association of Clark County (collectively, appellants) appeal the Pollution Control Hearings Board's (Board) order holding that condition S5.C.5.a.iii in the 2013-2018 Phase I Municipal Stormwater Permit (the 2013-2018 Permit) issued by the Washington Department of Ecology...

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