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State v. Crown Zellerbach Corp.

Citation: 10 ELR 20259
No. No. 45353, 602 P.2d 1172/92 Wash. 2d 894, (Wash., 11/15/1979)

The Washington Supreme Court reverses a lower court's dismissal of a criminal information for an alleged violation of conditions contained in a hydraulic project permit for logging operations affecting the water quality of a stream. The court holds that the statute delegating to the state Department of Fisheries and Game authority to issue such permits implicitly empowers it to impose conditions on them. Furthermore, the statute sets forth adequate standards and provides sufficient procedural safeguards and is thus not an unlawful delegation of legislative authority. The court also rules that the statute does not impermissibly place the definition of a crime or the imposition of a criminal penalty at the discretion of the administrative agency. Finally, because defendant has not challenged the terms of the permit as being arbitrary, the failure of the agency to promulgate regulations governing the issuance of permits cannot provide a ground for dismissing the information.

Counsel for Appellant
Slade Gorton, Attorney; Bryan L. Fischnaller, Ass't Attorney General
Temple of Justice, Olympia WA 98504
(206) 753-2550

Counsel for Respondent
Vernon J. Guinn
Studley, Purcell, Spencer, Guinn & Roesch
1577 Washington Way, Longview WA 98632
(206) 423-8820

UTTER, C.J., and ROSELLINI, STAFFORD, WRIGHT, BRACHTENBACH, HOROWITZ, DOLLIVER and HICKS, JJ., concur.