PUGET SOUNDKEEPER v. STATE, DEPT. OF ECOL.

No. 94293-5.

424 P.3d 1173 (2018)

PUGET SOUNDKEEPER ALLIANCE, Petitioner, v. STATE of Washington, DEPARTMENT OF ECOLOGY; and State of Washington Pollution Control Hearings Board, Respondents.

Supreme Court of Washington.

Filed August 30, 2018.


Attorney(s) appearing for the Case

Richard Adam Smith , Claire Elizabeth Tonry , Smith & Lowney PLLC, 2317 E. John Street, Seattle, WA 98112-5412, for Petitioner.

Phyllis Jean Barney , Office of the Attorney General, 2425 Bristol Court SW, Olympia, WA 98502-6003, Anne Elizabeth Egeler , Office of the Attorney General, 1125 Washington Street SE, Olympia, WA 98504-0100, Dionne Padilla-Huddleston , Office of the Attorney General, 800 Fifth Avenue, Suite 2000, Seattle, WA 98104-3188, for Respondents.

James A. Tupper Jr. , Lynne Michele Cohee , Tupper Mack Wells PLLC, 2025 1st Avenue, Suite 1100, Seattle, WA 98121-2100, for Amicus Curiae (Association of Washington Business).

Sheila Marie Gall , Association of Washington Cities, 1076 Franklin Street SE, Olympia, WA 98501-1346, for Amicus Curiae (Association of Washington Cities).

Katherine Hambley , Attorney at Law, 901 5th Avenue, Suite 3500, Seattle, WA 98164-2059, for Amicus Curiae (Duwamish River Cleanup Coalition/Technical Advisory Group).

James A. Tupper Jr. , Lynne Michele Cohee , Tupper Mack Wells PLLC, 2025 1st Avenue, Suite 1100, Seattle, WA 98121-2100, for Amicus Curiae (Northwest Pulp & Paper Association).

Lori Ann Terry , Foster Pepper PLLC, 1111 3rd Avenue, Suite 3000, Seattle, WA 98101-3292, for Amicus Curiae (Spokane County).

Richard Kirk Eichstaedt , Gonzaga University School of Law, 721 N. Cincinnati Street, Spokane, WA 99202-2021, for Amicus Curiae (Spokane Riverkeeper).

Janette K. Brimmer , Earthjustice, 705 2nd Avenue, Suite 203, Seattle, WA 98104-1711, for Amicus Curiae (Squaxin Island Tribe).


¶ 1 In this case, we are asked to decide whether Department of Ecology's current waste discharge permitting process complies with RCW 90.48.520's requirement for "permit conditions [to] require all known, available, and reasonable methods to control toxicants in the applicant's wastewater." (Emphasis added.) No disagreement...

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