Tag: agency statutory interpretation

Washington Supreme Court Strikes Down Department of Ecology Reservations of Water Uses that Conflict with Minimum Water Flow Levels for the Skagit River System

In Swinomish Indian Tribal Community v. Washington State Department of Ecology (PDF), the Washington Supreme Court determined that the state Department of Ecology (Ecology) overstepped its statutory authority by issuing an Amended Rule for the Skagit River which both established minimum water flow levels and set aside 27 reservations allowing users to draw on the water even … Continue Reading

Appellate Update: Department of Revenue v. Bi-Mor, Inc. [Wash. App. No.42050-3-II]

Bi-Mor operates various business entities that advertise their prices as including all applicable sales taxes and claims that it is absorbing the tax. For accounting purposes, Bi-Mor manually calculates the applicable sales tax based on the tender paid by the buyer and remits that amount to the Department of Revenue – commonly called “backing out” the … Continue Reading