United States v. State Of Washington

872 F.2d 874 29 ERC 1467 , 57 USLW 2615 , 19 Envtl. L. Rep. 20,755 UNITED STATES of America, Plaintiff-Appellee, v. STATE OF WASHINGTON; the Department of Ecology of the State of Washington, Defendants-Appellants, The Environmental Hearings Office of the State of Washington, Defendant. No. 87-4371. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 1989. Decided April 12, 1989. As Modified May 3, 1989. Kathleen D. Mix, Asst. Atty. Gen., Olympia, Wash., for defendant-appellant, Dept. of Ecology of the State of Wash. Jacques B. Gelin, Dept. of Justice, Washington, D.C., for plaintiff-appellee. Reed Sato, Deputy Atty. Gen., Sacramento, Cal., for amicus, State of Cal. Michael Axline, Western Natural Resources Law Clinic, Eugene, Or., for amicus. Appeal from the United States District Court for the Eastern District of Washington (Spokane). Before WRIGHT and ALARCON, Circuit Judges, and TEVRIZIAN * , District Judge. ALARCON, Circuit Judge: 1 The State of Washington, the Department of Ecology of the State of Washington, and the Environmental Hearings Office of the State of Washington (hereinafter collectively referred to as "Washington") appeal from the grant…