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THE POTENTIAL FOR MITIGATION FLEXIBILITY IN WATER RIGHTS PERMITTING AFTER FOSTER v. YELM
This article analyzes Washington’s water rights permitting challenges following the Foster v. Yelm decision and explores legislative and policy responses to improve mitigation flexibility, including the Foster Pilot program adopted by the Legislature at RCW 90.94.090. Click here for article.
Supreme Court Bruises Department of Ecology in Foster Opinion
In Foster v. Ecology, the Supreme Court further narrowed its already constrained interpretation of the “overriding considerations of public interest” (OCPI) exception and held
that OCPI cannot be used by Ecology to approve permanent water rights that would impair minimum instream flow water rights, even to the minutest degree. This paper explains the Foster decision and its immediate impact on Ecology’s water rights permitting program. Click here for article.