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CENTER OF ENV LAW & POLICY v. DEPT OF ECOLOGY

No. 51439-7-II.

444 P.3d 622 (2019)

CENTER FOR ENVIRONMENTAL LAW & POLICY, American Whitewater, and Sierra Club, Appellants, v. State of Washington DEPARTMENT OF ECOLOGY, Respondent.

Court of Appeals of Washington, Division 2.

Filed June 26, 2019.

Attorney(s) appearing for the Case

Daniel James Von Seggern , Center For Environmental Law and Policy, 85 S Washington St. Ste. 301, Seattle, WA, 98104-3404, for Appellants.

Stephen H. North , Attorney General of Washington, Ecology Division A.g. Office, Attorney at Law, PO Box 40117, 2425 Bristol Court Sw Second Fl., Olympia, WA, 98504-0117, for Respondent.

PUBLISHED OPINION

¶1 In 2015, the Department of Ecology (Ecology) promulgated an administrative rule that establishes minimum instream flows of 850 cubic feet per second (cfs)1 for the lower reach of the Spokane River during summer months (Rule). Ecology's primary basis for establishing a minimum...

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