Washington Appeals Court Says State’s Instream Flow Rule Is Arbitrary, Capricious

Mealey's (July 10, 2019, 9:28 AM EDT) -- TACOMA, Wash. — A Washington appeals panel on June 26 reversed a state trial court and said the state Department of Ecology’s rule for minimum instream summer flows on the lower reach of the Spokane River is inconsistent with state water law, exceeds rule-making authority, is arbitrary and capricious and is thus invalid (Center for Environmental Law & Policy, et al. v. State of Washington Department of Ecology, No. 51439-7-II, Wash. App., Div. 2, 2019 Wash. App. LEXIS 1668)....

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