WA HB2396

Expands direct appellate review of administrative agency decisions to include cases where the agency does not provide an adjudicative process to evaluate the decision, not just formal adjudicative proceedings

Allows superior court certification for direct Court of Appeals review when: the decision was from an adjudicative proceeding OR the agency lacks an adjudicative process, fundamental/urgent public interest issues exist, delay would be detrimental, appeal is likely regardless, and the ruling would have significant precedential value

Environmental board decisions on non-clean energy projects can be transferred directly to the Court of Appeals if all parties consent, or if the court finds transfer serves justice without substantial prejudice to any party

Parties may contest certification decisions by filing a motion for discretionary review with the Court of Appeals, which may remand to superior court if substantial prejudice is demonstrated

Takes effect July 1, 2026