Washingtonians value clean air, clean water and responsible environmental stewardship. Our farmers, ranchers, shellfish growers and skilled trades workers depend on it. So do our families.
But Senate Bill 5360 moves us in the wrong direction. While framed as an environmental protection measure, it creates new environmental crimes, expands criminal liability in already heavily regulated industries, and grants the state attorney general new prosecutorial authority not contemplated by our state constitution.
That should concern everyone — regardless of party.
Washington already has strong environmental protections. The Washington state Department of Ecology enforces civil penalties and, when necessary, refers serious cases for prosecution. Federal laws like the Clean Water Act and the Clean Air Act impose substantial civil and criminal liability for intentional pollution or reckless environmental harm.
In short, environmental crimes are already crimes. And they have already applied to violators.
If someone intentionally dumps hazardous waste, knowingly contaminates waterways, or acts with reckless disregard for public health, prosecutors already have the authority to bring charges.
SB 5360 does not simply target bad actors. It risks criminalizing regulatory violations that may involve technical errors, paperwork disputes, or unintentional noncompliance within a complex permitting system.
Farmers and ranchers operate under extensive regulatory frameworks involving water rights, nutrient management, runoff control and reporting requirements. These rules are often complex and evolving.
Under SB 5360, an unintentional discharge during extreme weather or a disagreement over permit interpretation could escalate into criminal exposure rather than corrective action.
Let me give you an example: What if an organic cattle rancher lets their herd out on a snowy day? They will inevitably “poop and pee” in the snow. And when that snow melts and leaches into the ground or river, the attorney general, under his proposed new authority, could imprison and fine that rancher.
There are countless other examples in the agriculture industry, lumber mills, shellfish farms and throughout our skilled trades industry.
That creates uncertainty and discourages investment in rural communities where agriculture remains a cornerstone of both the economy and our cultural heritage.
Washington’s shellfish industry is nationally recognized and supports thousands of family-wage jobs. Oyster growers and shellfish operators work closely with regulators to maintain water quality and protect public health.
I have met with numerous representatives of the shellfish industry along Washington’s vibrant and productive coast. Environmental systems are dynamic. Water quality can fluctuate due to weather events, upstream conditions and other factors beyond growers' direct control.
Their concern?
SB 5360 increases the risk that such fluctuations could lead not only to regulatory enforcement but also to criminal investigation. That shift from collaboration to criminalization threatens one of our state’s most important natural resource industries.
Contractors, excavators and utility crews routinely operate in regulated environments involving stormwater controls and soil management standards. They already comply with inspection regimes and permit requirements.
Adding new criminal penalties for regulatory violations increases liability exposure, raises insurance costs, and discourages small contractors from bidding on public projects. Those costs ultimately get passed on to consumers in the form of higher housing and infrastructure prices.
We should be encouraging compliance and education — not expanding the criminal code into areas best addressed by existing civil and criminal enforcement.
Perhaps most troubling, SB 5360 grants the Washington State Office of the Attorney General new prosecutorial authority to pursue environmental crimes independently.
Under the Washington State Constitution, criminal prosecution authority has historically resided with locally elected county prosecutors. That structure ensures accountability to local communities and preserves the separation of powers between state and local government.
By expanding the attorney general's independent prosecutorial authority in this context, SB 5360 moves beyond the traditional constitutional framework and centralizes criminal enforcement power at the state level.
Even those who support stronger environmental laws should pause at the idea of shifting prosecutorial authority that may conflict with constitutional intent.
We can and should hold intentional polluters accountable. But we should do so with clarity, fairness and respect for constitutional limits.
If there are enforcement gaps, let’s address them narrowly. If agencies need better coordination, let’s improve it. But expanding criminal liability across complex regulatory systems — and centralizing prosecutorial authority in ways not clearly authorized by our constitution — risks unintended and lasting consequences.
Environmental stewardship and economic stability are not opposing values. Washington can protect both.
SB 5360 does not strike that balance. For the sake of our farmers, ranchers, shellfish growers, blue-collar trades and constitutional governance, we must reject it.
The legislation passed the Senate by a vote of 29-20 and has arrived in the House of Representatives. The time to voice your concerns is now.
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Rep. Peter Abbarno, R-Chehalis, represents the 20th Legislative District and is the House Republican Caucus chair.
