Longview Fibre Co. v. Department of Ecology

The Department of Ecology fined Long-view Fibre Company $5,000 for failing to maintain pollution control equipment at its kraft pulp mill in a manner consistent with “good air pollution control practice.” WAC 173-405-040(10). The superior court held that this regulation was unconstitutionally vague and reversed the Pollution Control Hearings Board’s ruling upholding the penalty. Finding that the regulation is not void for vagueness, we reverse the trial court.

FACTS

I. The Scrubbers

Longview Fibre uses power boilers at its kraft pulp mill. The boilers produce gas emissions containing particulate…