Simpson Tacoma Kraft Co. v. Department of Ecology

The Department of Ecology (Ecology) seeks review of the superior court judgment invalidating Ecology's use of its numeric water quality standard for the discharge of dioxin. The Superior Court invalidated this numeric standard and enjoined its enforcement due to Ecology's failure to follow rule-making procedures in adopting the standard. We affirm the Superior Court.

The respondents operate pulp and paper mills in Washington. Pulp and paper mills use chlorine in their wood pulp bleaching process. This process is known to produce dioxin as a by-product. Dioxin is toxic and harmful to humans,…