In September, the Washington Supreme Court issued a 5-4 decision addressing whether an ordinance adopted by King County was consistent with the Growth Management Act (GMA) and the State Environmental Policy Act (SEPA). The Court held that King County failed to comply with the GMA and SEPA and invalidated portions of the County’s Ordinance, which had been intended to create a framework for the fast-growing adult beverage industry outside Seattle. The decision will be of interest to those practitioners who represent clients interested in comprehensive plans required by the GMA, as well as nonproject SEPA actions, particularly when the relevant question is what conditions should serve as the baseline against which an action is considered. The Supreme Court recently addressed SEPA’s baseline requirements in 2022 in its decision in Wild Fish Conservancy v. Washington Department of Fish and Wildlife , 198 Wn. 2d 846, 502 P.3d 359 (2022).
Continue reading “King County v. Friends of Sammamish Valley et al. – GMA and SEPA”Tag: environment
Sackett v. EPA one year later: assessing the decision’s implementation in the lower courts
Pacific Legal Foundation, Environmental Section Attorneys
In Sackett v. EPA, 598 U.S. 651 (2023), the United States Supreme Court articulated the test for determining which hydrogeographic features qualify as “waters” potentially subject to federal regulation under the Clean Water Act. The decision ends an extended period of legal controversy over how to interpret the geographic reach of the nation’s preeminent federal water quality law. In this blog post, we—attorneys with Pacific Legal Foundation, a nonprofit legal organization that fights for private property rights and other constitutionally protected liberties—review how Sackett is being employed in the lower courts and by EPA and the Corps, in this first year following the Supreme Court’s ruling.
Continue reading “Sackett v. EPA one year later: assessing the decision’s implementation in the lower courts”6PPD – What is it and why should practicing environmental attorneys know about it?
Skylar Fisher and Victoria Banks*, Assistant Attorney General, Ecology Division
*This post does not reflect the opinions of the Attorney General or the Attorney General’s Office. Thank you to the Environmental and Land Use Law Bar for the opportunity.
Since the 1980s, Urban Runoff Mortality Syndrome has plagued the Coho salmon of the Pacific Northwest with huge mortality rates after rain events.1 In 2020, studies found that N-(1,3-dimethylbutyl)-N’-phenyl-p-phenylenediamine (6PPD) is the “primary causal toxicant for decades of stormwater-linked Coho salmon acute mortality observations.” 2 6PPD is a tire rubber antioxidant that is highly toxic to aquatic organisms.3 The chemical is typically used to prevent the degradation of tires, and tire particles left on the road are carried into waterways via stormwater runoff.4 6PPD increases Coho salmon pre-spawn mortality and reduces fitness in surviving progeny.5
In light of public concern and intensive investment in salmon recovery,6 regulatory agencies are shifting their approach to 6PPD to protect salmon populations and Tribal access to fishing rights.
Continue reading “6PPD – What is it and why should practicing environmental attorneys know about it?”ELUL Blog – April 2024 Round-Up
Below is this month’s roundup of updates, 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 (Derek.Gauthier@pkglaw.com) or Chris Pierce-Wright (CPierceWright@dfpblaw.com), if you’d like to present at an upcoming CLE or provide a more detailed blog post about any current legal issues.
Continue reading “ELUL Blog – April 2024 Round-Up”ELUL Blog – February 2024 Round-Up
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.
Continue reading “ELUL Blog – February 2024 Round-Up”
WSBA ENVIRONMENTAL & LAND USE LAW SECTION 