Washington Administrative Code Title 400 - Puget Sound Partnership
Overview: Washington Administrative Code (WAC) Title 400 - Puget Sound Partnership
WAC Title 400 governs the administrative rules and regulations that guide the Puget Sound Partnership (PSP), a state agency created to coordinate efforts to protect and restore the Puget Sound ecosystem in Washington State. The PSP was established by the Washington Legislature in 2007 (Engrossed Substitute Senate Bill 5372).
Puget Sound Partnership: Mission and Structure
Mission: The PSP’s core mission is to improve the health of Puget Sound by coordinating activities among local governments, tribal nations, state and federal agencies, businesses, and citizens.
Structure: Title 400 outlines the organization’s governance, including:
The Puget Sound Partnership Leadership Council, responsible for setting policies.
The Executive Director, responsible for daily operations.
Advisory committees and technical panels to provide expertise and recommendations.
Key Components of WAC Title 400
Organizational Framework
Rules specify the Leadership Council’s composition and duties, including setting measurable goals for ecosystem health.
Strategic Initiatives and Implementation Plans
The Partnership develops strategic plans like the Puget Sound Action Agenda, which guides restoration efforts across multiple sectors (water quality, habitat, species protection).
Funding and Grants
The code governs how funds are allocated to projects supporting Puget Sound restoration, including grant management and reporting requirements.
Collaboration and Coordination
Emphasizes cooperation among jurisdictions and stakeholders to leverage resources and ensure consistent implementation.
Legal Context and Case Law Related to Puget Sound Partnership (WAC Title 400)
The PSP’s work and WAC Title 400 regulations intersect with environmental law, administrative law, and state constitutional principles. Here are some relevant case law points:
1. Administrative Law Principles
Because WAC Title 400 creates administrative rules, courts review these under Washington’s Administrative Procedure Act (APA), RCW 34.05. Key legal principles include:
Deference to Agency Expertise: Courts generally defer to PSP’s technical expertise in environmental management unless the agency acts outside its statutory authority or abuses discretion.
Procedural Compliance: PSP must follow proper rulemaking procedures, including public notice and comment, under the APA.
2. Case Example: Washington Environmental Council v. State
While not specifically about WAC Title 400, this case illustrates judicial attitudes toward state agencies’ environmental duties.
The Washington Supreme Court held that agencies must act in a manner consistent with their statutory mandates for environmental protection.
PSP’s creation and rulemaking under Title 400 are consistent with this precedent — the agency must base decisions on scientific evidence and pursue the legislative goal of Puget Sound restoration.
3. Case Example: Building Industry Association of Washington v. Puget Sound Regional Council
Although this case concerns the Puget Sound Regional Council (a separate but related entity), it reflects issues relevant to PSP:
Challenges arose around land-use planning and environmental goals.
The court emphasized balancing environmental priorities with economic and community interests, a tension PSP navigates in its restoration plans.
4. Constitutional Considerations
The Washington State Constitution’s public trust doctrine has been invoked to require state agencies like PSP to protect natural resources for public use.
This underpins PSP’s mandate to restore and preserve Puget Sound, reinforcing the legal weight of WAC Title 400’s regulations.
Summary of WAC Title 400 Impact and Legal Environment
WAC Title 400 formalizes PSP’s authority to coordinate Puget Sound restoration.
The rules ensure transparency, stakeholder involvement, and adherence to environmental goals.
Judicial oversight ensures PSP acts within its legal bounds, using scientific evidence and following administrative law principles.
Case law supports the PSP’s mission while balancing environmental protection with economic and social factors.
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