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CENTER FOR ENVIRON. LAW v. DEPT. OF ECOLOGY

No. 97684-8.

468 P.3d 1064 (2020)

CENTER FOR ENVIRONMENTAL LAW AND POLICY; American Whitewater; and Sierra Club, Respondents, v. State of Washington, DEPARTMENT OF ECOLOGY, and Jay Inslee, Petitioners.

Supreme Court of Washington.

Filed August 6, 2020.

Attorney(s) appearing for the Case

Clifford Hiroshi Kato , Office of the Attorney General, Stephen H. North , Attorney General of Washington, Ecology Division A.G. Office, Attorney at Law, Olympia, WA, for Petitioners.

Daniel James Von Seggern , Center For Environmental Law and Policy, Andrew McAleer Hawley , Attorney at Law, Seattle, WA, Theodore Vanderkemp Howard , Attorney at Law, Oak Harbor, WA, for Respondents.

Allen T. Miller , Lukins & Annis, Spokane, WA, for Amicus Curiae on behalf of Washington Kayak Club and Paddle Trails Canoe Club.

¶1 This case concerns the authority of the Department of Ecology to set minimum instream flows for the rivers and streams in this state and the parameters of that authority under RCW 90.22.010 and RCW 90.54.020(3)(a) (discussed below). At issue is whether Ecology properly adopted a rule, WAC 173-557-050, setting a summertime minimum...

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