Question: Analyze the following Case in this week's Module; Cases are short and intended to highlight a few key concepts from our Module. This is a

Analyze the following Case in this week's Module; Cases are short and intended to highlight a few key concepts from our Module.

  • This is a graded assignment.
  • Your answer must be responsive to the question asked to receive full points; see Rubric.
  • To fully respond, you will need to consult both the case and your text for information.
  • Your answer must be 200 words or more.
  • See the syllabus for full instructions.

Six conservation organizations filed a petition in Thurston County Superior Court, asking that court to hold, pursuant to a provision in the Administrative Procedures Act (APA), that the Washington Forest Practices Board, the Washington Department of Ecology, and the Washington Department of Natural Resources (agencies) failed to promulgate forest practice rules that advanced the environmental protection purposes and policies of the Forest Practices Act of 1974. The agencies countered by arguing that a formal petition for rule making must precede any petition for judicial review.

Analysis

  1. If a dispute with an agency arises, as it did here, must you exhaust administrative remedies before proceeding to court?
  2. What is the reason for this approach?
  3. What Act controls the activities of agencies such as rulemaking?

Source: Northwest Ecosystem Alliance v. Washington Forest Practices Board, 66 P.3d 614 (2003).

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