QUINAULT INDIAN v. IMPERIUM TERMINAL

No. 92552-6.

387 P.3d 670 (2017)

QUINAULT INDIAN NATION, Friends of Grays Harbor, Sierra Club, Grays Harbor Audubon, and Citizens for a Clean Harbor, Petitioners, v. IMPERIUM TERMINAL SERVICES, LLC; City of Hoquiam; Washington State Department of Ecology; Westway Terminal Company, LLC; and Washington Shorelines Hearings Board, Respondents.

Supreme Court of Washington, En Banc.

Filed January 12, 2017.


Attorney(s) appearing for the Case

Kristen L. Boyles , Earthjustice, 705 2nd Ave., Ste. 203, Seattle, WA, 98104-1711, Eric D. `Knoll' Lowney , Smith & Lowney PLLC, 2317 E. John St., Seattle, WA, 98112-5412, Karen Allston , Quinault Indian Nation, P.O. Box 613, Taholah, WA, 98587-0613, for Petitioners.

Steven Ross Johnson , Attorney at Law, 609 8th St., Hoquiam, WA, 98550-3522, Thomas J. Young , Attorney General's Office, Ecology Division, P.O. Box 40117, Olympia, WA, 98504-0117, Svend A. Brandt-Erichsen , Nossaman, 801 2nd Ave., Ste. 800, Seattle, WA, 98104-1573, Dionne Padilla-Huddleston , Office of the Attorney General, 800 Fifth Ave., Ste. 2000, Seattle, WA, 98104-3188, Jay Palmer Derr , Tadas A. Kisielius , Duncan McGehee Greene , Stephen Scheele , Van Ness Feldman LLP, 719 2nd Ave., Ste. 1150, Seattle, WA, 98104-1700, for Respondents.

Frank Joseph Chmelik , Seth Ananda Woolson , Chmelik Sitkin & Davis P.S., 1500 Railroad Ave., Bellingham, WA, 98225-4542, as Amicus Curiae on behalf of Washington Public Ports Association.

Augustus E. Winkes , Emerson Hilton , Loren Robert Dunn , Riddell Williams P.S., 1001 4th Ave., Ste. 4500, Seattle, WA, 98154-1065, as Amicus Curiae on behalf of Coalition of Coastal Fisheries.


¶ 1 Two companies applied for permits to expand their oil terminals on the shores of Grays Harbor. The expansion would facilitate the storage of additional fuel products, which would arrive by train or truck and depart by ocean-bound ship. The issue here is whether the Ocean Resources Management Act (ORMA), chapter 43.143 RCW, applies...

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