Including Best Available Science in the Designation and Protection of Critical Areas Under the Growth Management Act
This Article discusses the meaning of these latter two requirements: the requirements to include best available science and to give special consideration to the conservation of anadromous fisheries. Section II defines "best available science" by examining the fundamental characteristics of scientific information applied in the context of the GMA. Expanding on the work of a technical team convened by DCTED, this Article suggests an approach useful for identifying scientific information and assessing which of that information should be considered the "best available science." Section III concludes that the requirement of RCW 36.70A. 172(1) to include best available science is a substantive requirement. Section IV explains the relationship between the two requirements in RCW 36.70A.172(1): the substantive requirement to include best available science and the requirement to give special consideration to anadromous fisheries.
Alan D. Copsey, Including Best Available Science in the Designation and Protection of Critical Areas Under the Growth Management Act, 23 SEATTLE U. L. REV. 97 (1999).