Below is this month’s roundup of links and brief descriptions of significant legal issues that may affect members of the Environmental and Land Use Law section. Please don’t hesitate to contact an ELUL Executive Committee member or the blog editors, Derek Gauthier or Chris Pierce-Wright, if you’d like to present at an upcoming CLE or provide a more detailed post about any of the cases or legal issues.
A. Significant Court Decisions
Aldoren Kauzlarich v. Department of Ecology, Court of Appeals Division II, No. 57684-8 (February 13, 2024)
It is somewhat uncommon for Pollution Control Hearing’s Board decisions to be considered by the Court of Appeals. In this case, the court upheld a PCHB summary judgement order, affirming a well decommissioning order originally entered by the Department of Ecology. The court concluded that the fact that Kauzlarich was not the owner of the well or the land where it is located did not forestall administrative order to decommission, based on his failure to follow well construction regulations. The court highlighted that he was the statutory well “operator,” because of his oversight of well construction and operation of digging equipment used to construct it.
B. Legislation to Watch During 2024 Short Session
Tuesday, February 13, was the deadline for most policy bills to pass out of their house of origin. Several of the bills we have been tracking failed to do so (including SHB 2333, HB 2388, SB 5129, HB 2286, SSB 5846, and SHB 2070). We’ll continue to include the list of interesting bills that remain under consideration, updating the list from last month’s post:
Climate Commitment Act:
- SSB 6058: Facilitating linkage of Washington’s carbon market with the California-Quebec carbon market
- Initiative 2117: concerning carbon tax credit trading
Housing:
- HB 2114: Improving housing stability for tenants subject to the residential landlord-tenant act and the manufactured/mobile home landlord-tenant act by limiting rent and fee increases, requiring notice of rent and fee increases, limiting fees and deposits, establishing a landlord resource center and associated services, authorizing tenant lease termination, creating parity between lease types, and providing for attorney general enforcement
- SSB 5834: Concerning urban growth areas
Tribal:
- SHB 2424: Updating cooperative agreements between the state and federally recognized tribes for the successful collaborative management of Washington’s wildlife resources
Again, here’s reminder that if you are signed up for the ELUL list-serv, you will receive weekly updates on the status of all litigation that might be of interest to ELUL members. We are tracking over 200 bills in the 2024 short session with the help of University of Washington law students Alexis Van Pernis and Lauren Block.
C. Current Job Openings
- ELUHO – administrative appeals judge
- Van Ness Feldman – environmental / natural resources associate; and land use associate
D. Upcoming ELUL Activities
- March 11 – April 15 – Membership applications for ELUL Executive Committee. On April 4, we have an interested applicant “drop in” session, see more details online.
- April 4 – Law student networking event at Stoup Brewing. Watch the ELUL Facebook or LinkedIn pages for more information.
- April 18-20 – Mid-year CLE at Suncadia (and virtually). See WSBA’s page for registration. Thank you to our sponsors!
- Beveridge & Diamond, Cascadia Law Group, Dickson Frohlich Phillips Burgess, Hillis Clark Martin & Peterson, Miller Nash LLP, Perkins Coie, Schwabe, Williamson & Wyatt
- May 4 -Application deadline for law student summer scholarships. For more information, please contact Rachel Sinsheimer. The Executive Committee will consider applications at its May meeting.
If you would like information directly to your inbox, sign-up for the ELUL list-serv to receive legislative updates during session, CLE dates and registration, job postings, and other news!
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WSBA ENVIRONMENTAL & LAND USE LAW SECTION 