(DOWNLOAD) "Skokomish Indian Tribe v. Fitzsimmons" by Washington Court of Appeals ~ eBook PDF Kindle ePub Free

eBook details

Title: Skokomish Indian Tribe v. Fitzsimmons
Author : Washington Court of Appeals
Release Date : January 20, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 68 KB

Description

The Skokomish Indian Tribe (Tribe) appeals dismissal of its petition to have declared illegal the Washington State Department of Ecologys (DOE) refusal to object to the City of Tacomas (City) licensing proposal for its Cushman Dam Project. DOEs statement of compliance or non-compliance was an essential step in the Federal Energy Regulatory Commissions (FERC) processing of this proposal. Although DOE acknowledged that the proposal did not comply with the Washington State Coastal Zone Management Program (CZMP), DOE issued a "no objection" letter. After receiving this letter, FERC issued the license, and the trial court dismissed the Tribes petition as moot. We reverse because: (1) the Tribes petition is not moot; and (2) DOE acted arbitrarily and capriciously when it determined that the Project was substantially noncompliant with state law, yet failed to object to FERC.