Lemire v. State Dep't of Ecology & Pollution Control Hearings Bd.

Summary

The Washington Supreme Court reviewed an administrative order issued by the Department of Ecology directing cattle rancher Joseph Lemire to take measures to prevent pollution of Pataha Creek. The court held that Ecology had statutory authority to regulate nonpoint source pollution and that substantial evidence supported the order. It reversed the superior court, reinstated the Pollution Control Hearings Board’s summary judgment and the agency order, and held that Lemire had not established an unconstitutional taking.

Holdings

1. The administrative record contained substantial evidence supporting Ecology's determination that conditions on Lemire's property created a substantial potential to violate the Water Pollution Control Act, and the Board properly granted summary judgment.
2. Ecology has authority under Washington law to regulate nonpoint source pollution and to order corrective measures for nonpoint source conditions that create a substantial potential to violate the Water Pollution Control Act.
3. Lemire failed to establish that the order impaired protected stock water rights or violated statutory restrictions concerning conversion of agricultural land.
4. Lemire failed to establish that Ecology's order effected a taking.
5. Lemire was not entitled to attorney fees because reversal of the superior court judgment meant he was not the prevailing party.

Questions Presented

1. Whether substantial evidence supported Ecology's administrative order under the Water Pollution Control Act.
2. Whether Ecology had statutory authority to regulate nonpoint source pollution and issue the order.
3. Whether the order conflicted with statutory protections for stock water rights or agricultural land.
4. Whether Ecology's order effected an unconstitutional taking of Lemire's property.
5. Whether Lemire was entitled to attorney fees under the Equal Access to Justice Act after the superior court's judgment was reversed.

Disposition

reversed