Millennium Bulk Terminals: Washington PCHB Affirms Department of Ecology’s Use of Substantive SEPA Authority to Deny Water Quality Certification

Published Sep 01, 2018
Water Quality, Land Use

In an Order on Summary Judgment issued August 15, 2018, the Washington Pollution Control Hearings Board endorsed the Department of Ecology’s use of the State Environmental Policy Act (SEPA) to deny a Section 401 water quality certification for a proposed coal export terminal based on non-water quality-related impacts.  In a feature article in Western Water Law & Policy Reporter, Sarah Mack discusses the potentially far-reaching consequences of this decision for water right applications and other actions that are “categorically exempt” under SEPA.