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AMERICAN WATERWAYS v. DEPARTMENT OF ECOLOGY

No. 51547-4-II.

435 P.3d 856 (2019)

The AMERICAN WATERWAYS OPERATORS; Cruise Lines International Association — North West & Canada; Northwest Marine Trade Association; Recreational Boating Association of Washington and Uncruise Adventures, Respondents, v. DEPARTMENT OF ECOLOGY, Appellant.

Court of Appeals of Washington, Division 2.

Filed March 5, 2019.

Attorney(s) appearing for the Case

Ronald L. Lavigne Jr. , Attorney General Office/Ecology Division, Po Box 40117, Olympia, WA, 98504-0117, for Appellant.

James A. Tupper Jr. , Lynne Michele Cohee , Tupper Mack Wells PLLC, 2025 1st Ave. Ste. 1100, Seattle, WA, 98121-2100, for Respondent.

Dionne Padilla-Huddleston , Office of the Attorney General, 800 Fifth Ave. Ste. 2000, Seattle, WA, 98104-3188, for Other Parties.

PUBLISHED OPINION

¶ 1 This appeal arises from the Washington State Department of Ecology's application to the United States Environmental Protection Agency (EPA) for permission to engage in rule making to prohibit marine vessel sewage discharge into Puget Sound. A section of Ecology's application was entitled "Certificate...

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