State Administrative Processes in Environmental Law. Maia Bellon, Assistant Attorney General. Enactment of Environmental Laws. Legislative Branch of Government CONGRESS US CODE WASHINGTON STATE LEGISLATURE REVISED CODE OF WASHINGTON LOCAL GOVERNMENT ORDINANCES MUNICIPAL CODES.
Maia Bellon, Assistant Attorney General
Legislative Branch of Government
Executive Branch of Government
Judicial Branch of Government
Separation of Powers
Checks and Balances
The APA defines agencies of the state as:
“. . . any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the governor, or the attorney general . . . .”
Defined in the APA (RCW 34.05.010(16)) as an agency order, directive, or regulation of general applicability:
The APA defines agency action as:
“. . . licensing, the implementation or enforcement of a statute, the adoption or application of an agency rule or order, the imposition of sanctions, or the granting or withholding of benefits.”
Appeals of State of Washington, Department of Ecology decisions are filed with the Environmental Hearings Office and are generally conducted “de novo”
Exceptions: declaratory or mandamus actions to superior court, water rights adjudications, MTCA orders, etc.
Provided for in the APA, however, not applicable to the Department of Ecology
Because Legislature set-up EHO route
Applies to other state agencies, e.g., SHS, L&I, DOH
Appeals of EHO Decisions
Mine applies to Ecology for a groundwater permit
Ecology denies Mine’s permit application
Has Ecology taken an agency action that is appealable?
Where does the Mine file its appeal?