ELR Citation: 52 ELR 20010
No(s). 99263-1 (Wash. Jan 13, 2022)

The Washington Supreme Court upheld the Washington Department of Fish and Wildlife's issuance of a marine finfish aquaculture permit to allow a fish farmer to transition from farming Atlantic salmon to steelhead trout. Conservation groups argued the Department's conclusion that an EIS was not required was clearly erroneous and that it violated the State Environmental Policy Act (SEPA) by failing to consider and disclose appropriate alternatives. A trial court found the Department's SEPA analysis was not clearly erroneous and that the permit application did not trigger the alternatives analysis requirement. The high court found that the Department evaluated the relevant environmental factors to comply with SEPA, and that the permit did not involve the type of unresolved conflicts concerning alternative uses of available resources that triggers the alternatives analysis requirement. It affirmed the trial court's order and upheld the permit.