Washington Court of Appeals Upholds Preliminary Permit for Groundwater Testing as Categorically Exempt Under SEPA

Published Feb 01, 2007

In an article published in Western Water Law & Policy Reporter, Tupper Mack Wells attorney Sarah Mack addresses a February 6, 2007 opinion by Division II of the Washington State Court of Appeals upholding a preliminary permit issued by the Department of Ecology for aquifer testing. The court ruled that environmental review of a proposed municipal wellfield project is not required before authorizing test wells and groundwater pumping to gather information on the impacts of the project. Utility managers and agency regulators have welcomed this judicial clarification of the applicability of Washington’s State Environmental Policy Act (SEPA) to a key aspect of water right decision‐making. For more information, contact Sarah Mack at mack@tmw-law.com.

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