Revised Code of Washington
Wash. Rev. Code § 43.21C.095 (2026)
State environmental policy act rules to be accorded substantial deference
✓ current as of May 2026
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The rules adopted under RCW 43.21C.110 shall be accorded substantial deference in the interpretation of this chapter.
Notes:
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 1993–2026 · leading case: King Cnty. v. Washington State Boundary Review Bd., 860 P.2d 1024 (Wash. 1993).
King Cnty. v. Washington State Boundary Review Bd., 860 P.2d 1024 (Wash. 1993). “[18] Under RCW 43.21C.095, regulations enacted pursuant to SEPA are to be accorded "substantial deference".”
Wild Fish Conservancy v. Dep't of Fish & Wildlife (Wash. 2022). “While the legislature directs us to accord substantial deference to Ecology’s interpretation of SEPA, the agency’s regulations are silent regarding subsection (2)(e).”
Ctr. For Sustainable Econ., Resps V. Wa State Dept Of Nat. Resources, Apps (Wash. Ct. App. 2026). “at 860 (citing RCW 43.21C.095, .110). 20 86667-2-I/21 situation involving a choice between uses where the selection of one option would preclude the other.”
Ctr. For Sustainable Econ., Resps V. Wa State Dept Of Nat. Resources, Apps (Wash. Ct. App. 2026). “2d at 860 (citing RCW 43.21C.095, .110). 20 86667-2-I/21 lease from Atlantic salmon to steelhead trout because the transition “does not present a situation involving a choice between uses where the selection of one option would preclude the other.”
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