NORTHWEST PULP & PAPER v. DEP'T OF ECOLOGY

No. 100573-3.

520 P.3d 985 (2022)

NORTHWEST PULP & PAPER ASSOCIATION; the Association of Washington Business; and Washington Farm Bureau, Petitioners, v. State of Washington, DEPARTMENT OF ECOLOGY, Respondent.

Supreme Court of Washington, En Banc.

Filed December 8, 2022.


Attorney(s) appearing for the Case

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

Phyllis Jean Barney , Washington Attorney General's Office, P.O. Box 40117, 2425 Bristol Ct. Sw, Olympia, WA, 98504-0117, for Respondent.


¶ 1 The Department of Ecology (Department) issues a Water Quality Program Permit Writer's Manual (Manual) to provide technical guidance to its staff tasked with drafting permits for entities that discharge pollutants into Washington's waterways. In 2018, the Department revised the Manual and added a new section...

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