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ASS'N OF WASH. BUSINESS v. DEPT. OF ECOLOGY

NO. 95885-8.

455 P.3d 1126 (2020)

ASSOCIATION OF WASHINGTON BUSINESS, Industrial Customers of Northwest Utilities, Northwest Food Processors Association, Northwest Industrial Gas Users, Northwest Pulp and Paper Association, Washington Trucking Associations, Washington Farm Bureau, and Western States Petroleum Association, Respondent, v. WASHINGTON STATE DEPARTMENT OF ECOLOGY, Appellant, and Washington Environmental Council, Climate Solutions, and Natural Resources Defense Council, Appellant-Intervenors. Avista Corporation, Cascade Natural Gas Corporation, Northwest Natural Gas Company, and Puget Sound Energy, Inc., Respondents, v. Washington State Department of Ecology, Appellant.

Supreme Court of Washington.

Filed January 16, 2020.

Attorney(s) appearing for the Case

Emily Crystal Nelson , Office of the Attorney General, Ecology, 2425 Bristol Court SW, Olympia, WA 98502-6003, for Appellant.

Amanda Wilcox Goodin , Jan Erik Hasselman , Marisa Christine Ordonia , Earthjustice, 810 3rd Avenue, Suite 610, Seattle, WA 98104-1645, for Appellant Intervenors.

Jason T. Morgan , Matthew Cohen , Stoel Rives LLP, 600 University Street, Suite 3600, Seattle, WA 98101-4109, Jeffrey Wayne Leppo , Attorney at Law, 5200 NE 43rd Street, Seattle, WA 98105-4915, Gregory C. Hesler , Avista Corporation, 1411 E. Mission Avenue, Spokane, WA 99202-1902, Emily Wilson , Jared Russell Wigginton , Baker Botts, 1299 Pennsylvania Avenue NW, Washington DC 20004, for Respondents.

Jennifer A. Dold , Jennifer Elias , Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101-3317, for Amicus Curiae (Puget Sound Clean Air Agency).

EN BANC

¶1 This case concerns a novel rule promulgated by the Department of Ecology to address the undeniable crisis of climate change. The issue is not whether man-made climate change is real—it is. See generally INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE, GLOBAL WARMING OF 1.5° C (2019) [https://perma.cc/W2LS-DJQL...

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