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BIAW attacks illegal fines on new front Friday

May 16, 2022

BIAW General Counsel Jackson Maynard will take another shot at invalidating new fines implemented by the Washington Department of Fish and Wildlife (WDFW).

Fines increased from $100 to $10,000

Last year, BIAW sued the governor and the Washington Department of Fish and Wildlife (WDFW) over a bill that increased the fine for violations of a common type of permit for construction near state waterways from $100 per violation to $10,000.

The governor vetoed a subsection of the bill but left the fines standing, which is not permitted under the Washington State Constitution. The Washington State Supreme Court rejected BIAW’s argument for lack of standing.

Lawsuit challenges rulemaking authority

At that time, BIAW also filed a separate lawsuit challenging the rule that WDFW filed authorizing the increased fine. In that suit, BIAW argues WDFW lacked authority to file the rule on several fronts.

“If a governor is free to veto subsections or words in a bill he or she disagrees with, direct an agency to implement his or her policy preferences, and then argue that the remaining provisions somehow constitute legislative intent, our constitutional scheme of government is upended,” Maynard says. “Under this logic, the governor would be free to cherry-pick provisions via veto to rewrite the law.  This is precisely the evil our constitution intended to avoid.”

Oral arguments Friday

Thurston County Superior Court Judge Allyson Zipp will hear oral arguments via Zoom at 1:30 p.m. on Friday, May  20.

Zoom Meeting

Meeting ID: 929 7685 9522

Meeting Passcode: 921043

Please identify yourself as “Observer,” keep your camera off and stay on mute.



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