CITY OF TACOMA v. DEPT. OF ECOLOGY

No. 39494-8-III.

535 P.3d 462 (2023)

CITY OF TACOMA, Birch Bay Water and Sewer District, Kitsap County, Southwest Suburban Sewer District, and Alderwood Water & Wastewater District, Municipal Corporations and Political Subdivisions of the State of Washington Respondents, v. State of Washington, DEPARTMENT OF ECOLOGY, Appellant.

Court of Appeals of Washington, Division 3.

Filed September 14, 2023.


Attorney(s) appearing for the Case

Ronald L. Lavigne Jr. , Office of the Attorney General of Washington, P.O. Box 40117, Olympia, WA, 98504-0117, Sonia A. Wolfman , Office of the Attorney General of Washington, P.O. Box 40117, Olympia, WA, 98504-0100, for Appellant.

Robert Allen Carmichael , Carmichael Clark PS, P.O. Box 5226, 1700 D. St., Bellingham, WA, 98227-5226, Catherine Ann Moore , Carmichael Clark PS, 1700 D. St., Bellingham, WA, 98225-3101, Eric Clayton Frimodt , Inslee Best Doezie & Ryder PS, 10900 Ne 4th St., Ste. 1500, Bellevue, WA, 98004-8345, James A. Tupper Jr. , Tupper Mack Wells PLLC, 2025 1st Ave., Ste. 1100, Seattle, WA, 98121-2100, Joseph Patrick Bennett , Hendricks-Bennett PLLC, 402 5th Ave., S., Edmonds, WA, 98020-3402, Christopher D. Bacha , Tacoma City Attorney's Office, 747 Market St., Tacoma, WA, 98402-3701, Lynne Michele Cohee , Tupper Mack Wells PLLC, 2025 1st Ave., Ste. 1100, Seattle, WA, 98121-2100, for Respondents.

Wyatt Foster Golding , Ziontz Chestnut, 2101 4th Avenue, Suite 1230, Seattle, WA, 98121-2323, Brian Cammiade Gruber , Ziontz Chestnut, 2101 4th Ave., Ste. 1230, Seattle, WA, 98121-2331, for Amicus Curiae on behalf of Washington Environmental Council.

Amalia R. Walton , Squaxin Island Tribe Legal Department, 3711 Se Old Olympic Hwy., Shelton, WA, 98584-7734, for Amicus Curiae on behalf of Squaxin Island Tribe.

Kendra Amber Martinez , Attorney at Law, P.O. Box 498, Suquamish, WA, 98392-0498, Jane Garrett Steadman , Kanji & Katzen PLLC, 811 1st Ave., Ste. 630, Seattle, WA, 98104-1426, for Amicus Curiae on behalf of Suquamish Tribe.


PUBLISHED OPINION

¶ 1 Respondents are all either local governments or special purpose districts that own and operate public sewer systems and associated wastewater treatment plants (WWTPs) discharging into Puget Sound (Sound). In 2019, the Department of Ecology (Ecology...

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