Opening Brief filed in Bassett v. Ecology: Validity of Dungeness Instream Flow Rule Challenged

On July 29, 2016, Tom filed the Plaintiffs’ Opening Brief in the first judicial appeal under the Administrative Procedure Act (APA) of a Department of Ecology instream flow rule.  The case, Magdalena Bassett, et. al, v. Department of Ecology, alleges that Ecology’s Dungeness River instream flow rule (Chapter 173-518 WAC) violates the APA and exceeds Ecology’s statutory authority on numerous grounds.  Trial in the case is scheduled for October 21, 2016 before Judge Gary R. Tabor of the Thurston County Superior Court.  You can read the trial brief by clicking on this link.

Please contact Tom Pors at or Greg McCarry at if you would like to support this effort to reform the State of Washington’s troubled water resources program and fix defective instream flow rules that have led to basin-wide water availability issues without adequate planning or public notice.

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