Court rules against Toppenish on air agency fees



YAKIMA, Wash. — A Yakima County Superior Court judge has ordered Toppenish to pay annual assessment fees to the Yakima Regional Clean Air Agency.

The city faces paying up $13,000 in arrears to the agency, said agency spokesman Dave Caprile.

City officials stopped paying annual assessments to the agency about five years ago because Toppenish is on the Yakama Indian reservation, which is under the authority of the U.S. Environmental Protection Agency.

But on Thursday, Superior Court Judge Michael G. McCarthy ruled that the city of roughly 10,000 residents is still on the hook for fees to the air agency despite the jurisdictional issue.

McCarthy issued an oral ruling from the bench, and the city is awaiting a written decision before deciding whether to file a challenge, said Yakima attorney Pat Spurgin, who is representing Toppenish.

 

— Phil Ferolito



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