Legal Opinion
Asarco, Inc. v. Puget Sound Air Pollution Control Agency
Washington Supreme Court
Decided April 13, 1989No. 55274-6PublishedCited by 13 opinions
1Opinion of the CourtCallow, C.J.
ASARCO challenges the authority of the Puget Sound Air Pollution Control Agency (PSAPCA) and the Washington State Department of Ecology (DOE) to enforce regulations which prohibit the emission of air contaminants based solely on an emission's opacity. We uphold the agencies' authority to enforce the challenged regulations, finding that (1) the Legislature has explicitly given the agencies the authority to adopt such emission standards, and (2) the agencies reasonably could determine that the opacity standard would further the Clean Air Act's (RCW 70.94) purpose of preventing air pollution.
On…
2Cases cited10 opinions
- Hama Hama Co. v. Shorelines Hearings BoardWashington Supreme Court · 1975
- Barry & Barry, Inc. v. Department of Motor VehiclesWashington Supreme Court · 1972
- Ravsten v. Department of Labor & IndustriesWashington Supreme Court · 1987
- Renton Education Ass'n v. Public Employment Relations CommissionWashington Supreme Court · 1984
- Northwest Gillnetters Ass'n v. SandisonWashington Supreme Court · 1981
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Tuerk v. Department of LicensingWashington Supreme Court · 1994
- William Dickson Co. v. Puget Sound Air Pollution Control AgencyCourt of Appeals of Washington · 1996
- Armstrong v. StateCourt of Appeals of Washington · 1998
- Fed. of Employees v. Dept. of Gen. Admin.Court of Appeals of Washington · 2009
- Washington Federation of State Employees v. Department of General AdministrationCourt of Appeals of Washington · 2009
8 more not listed; retrieve them via the Exa API.