Attorney General Rob McKenna might want to re-read his job description in Washington's constitution. First he takes it upon himself to sign the state onto a challenge of federal health care reform, contrary to the wishes of Gov. Chris Gregoire. Then he refuses to represent Public Lands Commissioner Peter Goldmark in a lawsuit, despite his very clear constitutional and statutory obligation to do so.

And earlier this month McKenna was at it again, signing the state onto an amicus curiae brief (pdf) challenging a 9th Circuit ruling that held that stormwater from pipes and ditches along forest roads are "point sources" that require permits under the National Pollutant Discharge Elimination System.

Both Commissioner Goldmark, who was directly elected to manage state forest lands, and Gov. Gregoire refused to join the lawsuit. Likewise, the federal Environmental Protection Agency declined to file an appeal. But that didn't stop McKenna from joining the state of Arkansas in arguing for lax environmental regulations that actually puts Washington at a competitive disadvantage.

No doubt McKenna would say* he's acting at the request of Superintendent of Public Instruction Randy Dorn, who apparently signed on in this role after timber industry lobbyists went client shopping: a public records request (pdf) shows Dorn's letter to McKenna lifting language directly from lobbyist Bill Stauffacher. But when Goldmark is refused legal representation when he asks for it, yet the state is drawn into public lands lawsuits when he doesn't, it's hard to see this as anything but another example of McKenna claiming broad discretion to set, challenge, or defend state policy.

"Having the authority and using it are two different things," environmental attorney Peter Goldman tells me.

The irony is that Washington state is already committed under its voluntary Habitat Conservation Plan to eliminate stormwater runoff into streams by 2015, consistent with the NEDC v. Brown, so overturning the ruling would potentially make our timber industry less competitive with that in states with less stringent environmental regulations. But, I guess that's not as much a concern for McKenna as currying the industry's favor.

[* McKenna's offices has not yet responded to a request for comment. Dorn was unavailable at time of posting.]