Description: Challenge by business and trade groups to greenhouse gas regulations adopted by the Washington Department of Ecology.
Association of Washington Business v. Washington State Department of Ecology
Filing Date Type File Action Taken Summary 12/15/2017 Order Order issued from bench finding that agency lacked authority to promulgate provisions in rule. Washington State Court Invalidated at Least Some Aspects of State’s Regulations of Greenhouse Gases. A Washington state court ruled from the bench that the Washington Department of Ecology lacked statutory authority to promulgate a component of its Clean Air Rule that regulated petroleum and natural gas suppliers. The Clean Air Rule capped and reduced greenhouse gas emissions from significant in-state stationary sources; petroleum product producers, importers, and distributors; and natural gas distributors operating within Washington. It was promulgated as a step towards achieving statutory targets for greenhouse gas emissions reductions. The court said it would take additional briefs on whether to sever the Clean Air Rule’s provisions for stationary sources or to invalidate the entire rule. 09/27/2016 Petition Download Petition for judicial review and declaratory judgment filed. Business Groups Said Washington Greenhouse Gas Regulations Exceeded Statutory Authority, Violated State Laws. Eight business and trade groups filed a challenge to Washington’s “Clean Air Rule” in Washington Superior Court. The petitioners contended that the legislature had not delegated the Washington Department of Ecology the authority to establish Clean Air Rule’s greenhouse gas regulatory program, which Ecology established at the instruction of the governor. In addition, the petitioners asserted that Ecology’s adoption of the regulations violated the State Environmental Policy Act because an environmental impact statement should have been prepared. The petitioners also said that the program violated the Administrative Procedure Act because of its arbitrary treatment of Energy Intensive, Trade Exposed industries and based on arbitrary cost-benefit analysis and least-burdensome alternative analysis. The petitioners also alleged violations of Washington’s Regulatory Fairness Act, which requires preparation of a small business economic impact statement, and of the Washington constitution’s limits on taxation.
Avista Corp. v. Washington State Department of Ecology
Filing Date Type File Action Taken Summary 09/30/2016 Petition for Review Download Petition for review and declaratory judgment filed.