Legal Opinion

Neah Bay Chamber of Commerce v. Department of Fisheries

Washington Supreme Court

Decided July 23, 1992No. 57870-2PublishedCited by 35 opinions

1Opinion of the CourtDurham, J.

In this case, we are asked to determine the appropriate standard of review for agency rules under the new Administrative Procedure Act (APA), RCW 34.05. Neah Bay Chamber of Commerce and three of its members (Neah Bay) appeal directly from a trial court order upholding Department of Fisheries' (Department) regulations regarding salmon sport fishing. Neah Bay claims that certain regulations involving the geographic designation of the area are irrational, and should be overturned. We reverse the trial court and remand for further proceedings.

The Department's regulations divide the coastal waters…

2Cases cited10 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Pacific States Box & Basket Co. v. WhiteSupreme Court of the United States · 1935
  4. Marincovich v. TarabochiaWashington Supreme Court · 1990
  5. Multicare Medical Center v. Department of Social & Health ServicesWashington Supreme Court · 1990

5 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Postema v. Pollution Control Hearings Bd.Washington Supreme Court · 2000
  2. Postema v. Pollution Control Hearings BoardWashington Supreme Court · 2000
  3. Hillis v. Department of EcologyWashington Supreme Court · 1997
  4. Hillis v. State, Dept. of EcologyWashington Supreme Court · 1997
  5. Rettkowski v. Department of EcologyWashington Supreme Court · 1993

30 more not listed; retrieve them via the Exa API.

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