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NORTHWEST ALLOYS, INC. v. STATE, DEPT. OF NAT. RESOURCES

No. 51677-2-II.

447 P.3d 620 (2019)

NORTHWEST ALLOYS, INC., and Millennium Bulk Terminals-Longview, LLC, Respondents/Cross-Appellants, v. State of Washington DEPARTMENT OF NATURAL RESOURCES, and the Honorable Hilary S. Franz, and Columbia Riverkeeper, Washington Environmental Council, and Sierra Club, Appellants/Cross-Respondents.

Court of Appeals of Washington, Division 2.

Filed August 20, 2019.

Attorney(s) appearing for the Case

Kristen L. Boyles , Jan Erik Hasselman , Marisa Christine Ordonia , Earthjustice, 705 2nd Ave. Ste. 203, Seattle, WA, 98104-1711, Edward David Callow , Washington Office of Attorney General, 1125 Washington Street Se., Ms. 40100, Olympia, WA, 98504-0100, Terence pruit , Attorney General's Office, P.O. Box 40100, Olympia, WA, 98504-0100, for Appellant/Cross-Respondent.

Linda Rae Larson , Nossaman PLLC, 719 2nd Ave. Ste. 1200, Seattle, WA, 98104-1749, J. Timothy Hobbs Jr. , Attorney at Law, Craig Steven Trueblood , Ankur K. Tohan , Gabrielle Elizabeth Thompson , K & L Gates, LLP, 925 4th Ave. Ste. 2900, Seattle, WA, 98104-1158, Jonathan Kolb Sitkin , Chmelik Sitkin & Davis P.S., 1500 Railroad Ave., Bellingham, WA, 98225-4542, for Respondent/Cross-Appellant.

PUBLISHED OPINION

¶ 1 The Department of Natural Resources and the Commissioner of Public Lands Hilary S. Franz (collectively DNR), and Columbia Riverkeeper, Washington Environmental Council, and Sierra Club (collectively Intervenors) appeal the superior court's order concluding that DNR acted arbitrarily and capriciously...

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