Squaxin Island Tribe v. Department of Ecology

Irvine Forbes, J.*

¶1 The Washington State Department of Ecology appeals from the superior court’s order concluding that Ecology’s denial of the Squaxin Island Tribe’s (Tribe) rule making petition was arbitrary and capricious, and requiring Ecology to engage in rule making to amend watershed management rules to protect minimum instream flows of Johns Creek in Mason County as requested in the Tribe’s petition. The Tribe contends that Ecology’s response to its rule making petition failed to specifically address the Tribe’s concerns as required by RCW 34.05.330(1) and that Ecology’s decision not…