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BROOKS MFG. v. NORTHWEST CLEAN AIR AGENCY

No. 79645-3-I.

474 P.3d 1077 (2019)

14 Wn.App.2d 1

BROOKS MANUFACTURING CO., a Washington corporation, Appellant, v. NORTHWEST CLEAN AIR AGENCY, Respondent.

Court of Appeals of Washington, Division 1.

Ordered Published Date November 26, 2019.

Attorney(s) appearing for the Case

Peter Robert Dworkin , Belcher Swanson Law Firm, P.L.L.C., 900 Dupont St., Bellingham, WA, 98225-3105, for Appellant.

Laughlan Hunter Clark , Simi Jain , Carmichael Clark PS, P.O. Box 5226, 1700 D St., Bellingham, WA, 98227-5226, Svend A. Brandt-Erichsen , Nossaman, 719 2nd Ave. Ste. 1200, Seattle, WA, 98104-1749 for Respondent.

¶ 1 Brooks Manufacturing Company appeals a superior court order affirming the Pollution Control Hearings Board (PCHB). RCW 70.94.153 requires a person to file a notice of construction application when he intends to replace emission control technology on a stationary source emission unit. Brooks did not do this before it replaced its...

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