State Environmental Policy Act

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) general provisions regulations, what are the rules concerning the State Environmental Policy Act? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt regulations regarding the State Environmental Policy ActSee WAC 162-04-040WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

STATE ENVIRONMENTAL POLICY ACT

WAC 162-04-040 is the relevant regulation, and it addresses the State Environmental Policy Act  as follows:

Pursuant to RCW 43.21C.120 and the SEPA guidelines, chapter 197-11 WAC, the commission has reviewed its authorized activities and has found them all to be exempt under the provisions of chapter 197-11 WAC.

WAC 162-04-040 (emphasis added) (hyperlinks added).

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–gw

Author: Gregory Williams, Esq.

Juris Doctor. Admitted to the U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western District of WA; and all Washington State Courts. Member of the Federal Bar Association; Tacoma-Pierce County Bar Association; WA Association for Justice; WA Defender Association; WA State Bar Association. Conflict Panel Attorney (Pierce County Department of Assigned Counsel).