Legal Opinion

Center for Environmental Law & Policy v. Department of Ecology

Court of Appeals of Washington

Decided October 17, 2016No. 74841-6-IPublishedCited by 6 opinions

1Opinion of the CourtAppelwick, J.

¶ 1 The Pollution Control Hearings Board (PCHB) affirmed the Department of Ecology’s issuance of a report of examination (ROE), ordering the approval of a water right for the Public Utility District No. 1 of Okanogan County’s (PUD) hydroelectric project. The project would divert water from a portion of the Similkameen River through a powerhouse. To satisfy the public interest requirement of RCW 90.03.290, the ROE included a condition that the PUD would be required to ensure that the mini*365mum flows in the bypass reach portion of the river would be the same as those found to be adequate to…

2Cases cited16 opinions

  1. Port of Seattle v. Pollution Control Hearings BoardWashington Supreme Court · 2004
  2. State v. KellerWashington Supreme Court · 2001
  3. Postema v. Pollution Control Hearings Bd.Washington Supreme Court · 2000
  4. Postema v. Pollution Control Hearings BoardWashington Supreme Court · 2000
  5. Department of Ecology v. TheodoratusWashington Supreme Court · 1998

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3Cited by6 opinions

  1. Magdalena T. Bassett v. Washington State Department Of EcologyCourt of Appeals of Washington · 2019
  2. In re C.V.Court of Appeals of Washington · 2018
  3. Mike Hamilton, V Pollution Control Hrgs BdCourt of Appeals of Washington · 2018
  4. Center for Environmental Law & Policy v. Department of EcologyCourt of Appeals of Washington · 2016
  5. Ctr. for Envtl. Law & Policy v. Dep't of EcologyWashington Supreme Court · 2017

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