Below are 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
State
Erickson v. Pharmacia LLC
Division I reversed the initial verdict against Monsanto of $185 million in its entirely on the basis of multiple trial errors. The case surrounds Monsanto’s use of PCBs in certain products and the Plaintiff’s exposure to the same.
https://www.courts.wa.gov/opinions/pdf/832875.pdf ; https://www.morningstar.com/news/business-wire/20240501151231/monsanto-wins-appeal-ruling-in-erickson-v-monsanto
Federal
Scheetz v. County of El Dorado
County issued Sheetz a building permit for an 1,854 sq. ft. manufactured house conditioned upon his paying a $23,400 Transit Impact Mitigation fee pursuant to a legislatively-adopted rate schedule. The question before the Court was whether a permit exaction is exempt from the Court’s nexus and proportionality requirements under its unconstitutional conditions doctrine simply because it is authorized by legislation.
https://www.supremecourt.gov/opinions/23pdf/22-1074_bqmd.pdf ; https://www.scotusblog.com/case-files/cases/sheetz-v-county-of-el-dorado-california/
Loper Bright Enterprises v. Raimondo
A boat owner is objecting to the federal government forcing him to take on the observers and pay for them. The lower court held under the Chevron Doctrine that it had to defer to the agency’s interpretation of the law. If the Chevron Doctrine is modified or eliminated, federal administrative agencies will lose much of their discretionary power impacting local land use decision making.
DeVillier v. Texas
The state of Texas flooded Mr. Devillier’s ranch as a result of a highway project. The state evaded paying compensation by removing the case to federal court and successfully claiming that Congress never specifically authorized individuals to sue states for compensation. The question before the Court was: May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirmatively provided them with a cause of action?
B. 2024 Mid-Year CLE Available for Purchase through WSBA
The 2024 Mid-Year CLE was at Suncadia, April 18-20. The CLE co-chairs, AT Miller and Dylan Stonecipher, coordinated a sold-out in-person CLE with 13 presentations on current legal issues likely to affect ELUL section members, including:
- 2024 Legislative session
- Overview of recent land use judicial decisions
- Update on implementation of the Climate Commitment Act
- EFSEC’s process and considerations for project developers and interested parties
- PCHB and SHB case updates and practice tips
- Hearing Examiner process and practice tips for administrative land use hearings
- Housing legislation and policy
- Environmental justice in land use permitting, SEPA appeals, air quality, toxic cleanups, and transportation planning
- Overview of the Sackett decision and the impact on federal and state wetland regulation
- Regulatory landscape for PFAS
- Natural resource extraction and missing and murdered indigenous people
- Mitigation and litigation for wildfires
- Ethics presentation
The 2024 Mid-Year was sponsored by: Beveridge & Diamond, Cascadia Law Group, Dickson Frohlich Phillips Burgess, Hillis Clark Martin & Peterson, McCullough Hill, Miller Nash LLP, Perkins Coie, Schwabe, Williamson & Wyatt.
WSBA-CLE now offers a recording of the CLE if you weren’t able to attend but are interested in purchasing any of the presentations.
C. Upcoming ELUL Activities
- June 3rd – June 17th: ELUL Executive Committee Elections
- June 12: ELUL EC Meeting (virtual)
- August 13: ELUL One-Day CLE in Seattle and virtual – land use focus
- September 24: WSBA Legal Lunchbox on Equity & Climate
E. Social Media and List-Serv Links
Sign-up for the ELUL list-serv to receive legislative updates during session, CLE dates and registration, job postings, and other news!
And don’t forget to follow or like the ELUL on Facebook, LinkedIn , and our Blog.
WSBA ENVIRONMENTAL & LAND USE LAW SECTION 