Legal Opinion
City of Seattle v. Department of Ecology
Court of Appeals of Washington
Decided June 13, 1984No. 6315-8-IIPublishedCited by 6 opinions
1Opinion of the CourtReed, J.
This appeal presents a single, narrow issue of procedural law with no disputed facts. We must determine whether the Pollution Control Hearings Board (PCHB) has jurisdiction to determine the validity of a rule promulgated by the Department of Ecology (DOE). We hold it does not. The undisputed facts are as follows.
In September of 1979, DOE issued a regulation establishing instream flows on streams in the Snohomish River Basin. The regulation encompassed the Tolt River from which the City of Seattle (Seattle) derives a part of its water supply. Because of concerns that the instream flow…
2Cases cited3 opinions
- Anderson, Leech & Morse, Inc. v. Washington State Liquor Control BoardWashington Supreme Court · 1978
- Sim v. Washington State Parks & Recreation CommissionWashington Supreme Court · 1978
- State Ex Rel. Martin Marietta Aluminum, Inc. v. WoodwardWashington Supreme Court · 1974
3Cited by6 opinions
- Simpson Tacoma Kraft Co. v. Department of EcologyWashington Supreme Court · 1992
- Snohomish County v. StateCourt of Appeals of Washington · 1993
- Dioxin/Organochlorine Center v. Department of EcologyWashington Supreme Court · 1992
- Inland Foundry Co. v. Spokane County Air Pollution Control AuthorityCourt of Appeals of Washington · 1999
- Friends & Land Owners Opposing Development v. Department of EcologyCourt of Appeals of Washington · 1984
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