BELLEVUE – The Washington Supreme Court has declined to consider a unanimous state appeals court ruling that upheld every aspect of a 2007 Department of Ecology (Ecology) penalty against Pacific Topsoils Inc. for illegally covering wetlands on Smith Island, near Everett. The high court’s decision lets stand the August 2010 decision by the Washington Court of Appeals, Division Two, upholding Ecology’s regulation of wetlands under the state Water Pollution Control Act. Ecology fined the company $88,000 and ordered the firm to remove the 12-acre, 10 to 30 feet deep fill and to restore the land to its original condition. Pacific Topsoils appealed the fine and order to the Pollution Control Hearings Board, and then to the Court of Appeals. Snohomish County also issued Pacific Topsoils an order – affirmed by a county hearing examiner on appeal – to remove the illegal fill.
“Our courts have affirmed that the company knew it was destroying wetlands, had knowledge about the extent and quality of these wetlands, and knew this fill was against the law,” said Ecology Director Ted Sturdevant. “This decision affirms the efforts of a majority of businesses who work cooperatively to follow environmental laws, and should serve as a wake-up call to those few who seek to skirt the law and harm the state’s natural resources.”
“This case is a sad reminder that we can’t always count on individuals and companies to do the right thing,” said Puget Sound Partnership Executive Director Gerry O’Keefe. “Environmental enforcement to protect wetlands, shellfish beds and other high value natural assets remains an important last resort. Ecology deserves credit when it takes decisive action to protect Puget Sound’s natural infrastructure.”
“This case has cost Ecology at least $100,000 and diverted staff time from other environmental protection actions,” said Gordon White, who manages Ecology’s program overseeing wetland protection efforts. “Ecology staff and Attorney General’s Office counsel met their obligation to the citizens and brought a strong and convincing case.” Wetland penalty payments go toward a special account that funds grants for environmental restoration projects in Washington.
### Case numbers:Court of Appeals Cause Number 39691-2-II Supreme Court Cause Number 85415-7
News release on 2008 Hearings Board decision: http://www.ecy.wa.gov/news/2008news/2008-172.html News release on original penalty: http://www.ecy.wa.gov/news/2007news/2007-053.htmlWashington Supreme Court petitions for review: http://www.courts.wa.gov/appellate_trial_courts/supremecourt/?fa=supremecourt.petitions#A1
Our Living Shorelines web portal: http://www.ecy.wa.gov/livingshorelines/index.htmlMore about wetlands: http://www.ecy.wa.gov/programs/sea/wetlands/index.htmlMedia Contacts: Larry Altose, Ecology media relations, 206-920-2600, larry.altose@ecy.wa.gov
Curt Hart, Ecology media relations, 360-480-7908, curt.hart.@ecy.wa.gov