Legal Opinion
Asarco, Inc. v. Puget Sound Air Pollution Control Agency
Court of Appeals of Washington
Decided April 8, 1988No. 9375-8-IIPublishedCited by 10 opinions
1Opinion of the CourtPetrich, J.
The Puget Sound Air Pollution Control Agency (PSAPCA) and the State of Washington by and through the Department of Ecology (DOE) appeal a superior court judgment reversing the Pollution Control Hearings Board's affirmance of an assessment of a civil penalty by PSAPCA1 against ASARCO for emitting smoke plumes in violation of PSAPCA's Regulation I, section 9.03(b)(1) and DOE's WAC 173-400-040(1). The Superior Court, concluding that the regulations were beyond the purview of the agencies' statutory authority,2 declared the regulations invalid. We disagree and reverse.
ASARCO, Inc., owned and…
2Cases cited12 opinions
- Franklin County Sheriff's Office v. SellersWashington Supreme Court · 1982
- Hama Hama Co. v. Shorelines Hearings BoardWashington Supreme Court · 1975
- Washington Water Power Co. v. Washington State Human Rights CommissionWashington Supreme Court · 1978
- Fahn v. Cowlitz CountyWashington Supreme Court · 1981
- Weyerhaeuser Co. v. Department of EcologyWashington Supreme Court · 1976
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3Cited by10 opinions
- Tuerk v. Department of LicensingWashington Supreme Court · 1994
- American Network, Inc. v. Utilities & Transportation CommissionWashington Supreme Court · 1989
- Armstrong v. StateCourt of Appeals of Washington · 1998
- Asarco, Inc. v. Puget Sound Air Pollution Control AgencyWashington Supreme Court · 1989
- Fed. of Employees v. Dept. of Gen. Admin.Court of Appeals of Washington · 2009
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