Center v. Pollution Control Hearings Board

We hold that actions which are categorically exempt from review under the State Environmental Policy Act of 1971 are in fact exempt.

Boise Cascade Corporation and other pulp and paper mills (mills) appeal a superior court order remanding re-issuance of their mills’ waste water discharge permits to the Pollution Control Hearings Board to determine *348whether these permits constitute a "major action” under the State Environmental Policy Act of 1971 (SEPA), RCW 43.21C.110(l)(a), notwithstanding their categorical exemption. WAC 197-11-855(1) (hereinafter "categorical exemption”). The mills claim this…