Environmental Law in Washington State: Environmental Law

Home -> Law Blog Directory -> Environmental Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Environmental Law

Environmental Law in Washington State

Paul Hirsch, Location:Washington State. An environmental attorney licensed in the State of Washington, I am also a geomorphologist with an abiding interest in land and water, and how these react to human use and development.

Post Frequency: 0.2/day

Last Entry: February 13, 2012 at 13:50:00

"In Land, Straight Lines Make For Square Deals"

Posted on February 13, 2012
Land in the USA not located in the east or Texas is divided into 6 mile-square townships by the Public Land Survey System. The townships are further divided into sections one mile square. These sections can be further subdivided. Gary D. Libecap of the Hoover Institution argues that this system strengthens and protects property rights, thereby promoting economic development...

Grossly Abuse The Judicial Process, Don't Get Hit With Costs Or Fees

Posted on February 09, 2012
In a decision released today, the US Court of Appeals for the Ninth Circuit begins its opinion with the following. This case represents a gross abuse of the judicial process. Just when Defendants-Appellees United States Forest Service and Joseph P. Stringer (USFS), and Intervenor-Defendant Arizona Snowbowl Resort Limited Partnership (ASRLP) had successfully defended an agency decision to allow snowmaking at a ski resort on federal land all the way to the United States Supreme Court, ?new? plaintiffs appeared...

Ninth Circuit Issues Amended Opinion Concerning PAC Money in Washington

Posted on February 05, 2012
On January 31, 2011, the US Court of Appeals for the Ninth Circuit issued a decision and an amended opinion on Washington's election laws as they pertain to financial contributions by PACS for or against ballot measures. We address the constitutionality of three provisions of Washington election law as applied to the political committees that support and oppose ballot measures...

Are Floodway Restrictions Unduly Oppressive?

Posted on February 02, 2012
Nope, not according to Division 3 of the Washington Court of Appeals. In a decision issued today the court reviews the current law of nonconforming structures and substantive due process in Washington. Sun-Tides Mobile Home Park is located in the floodway of the Naches River...

To access this complete feed in the blog feed reader login or register for free.

Stream Restoration: A Source of Liability?

Posted on January 29, 2012
As an attorney and a geomorphologist interested in stream restoration, I wonder about liability for a restoration project if it damages property. Stream restoration is a popular and growing activity. Be it to improve habitat or other worthy goals, what happens if a restoration goes wrong -- or is at least accused of going wrong? What if, for example, a claim is made that the stream restoration project is causing increased flooding? Could happen...

Court of Appeals Issues New Opinion Upholding Jefferson County's Channel Migration Zone Critical Area Ordinance

Posted on January 27, 2012
Yesterday, Division II of the Court of Appeals withdrew its prior opinion in Olympic Stewardship Foundation v. Western Washington Growth Management Hearings Board, 4027-6-II, and issued a new opinion. The new opinion finds that the County properly applied "best available science" in requiring retention of vegetation in valley bottoms with migrating river channels...

News from the Deepwater Horizon Multidistrict Litigation

Posted on January 27, 2012
Not Washington, but interesting: BP tried and failed to get a piece of Transocean's $750M insurance coverage: Order(InsuranceActions).pdf Note the language from the Drilling Contract at p. 40: Article 24 of the Drilling Contract allocates responsibility for pollution risks between the ?Contractor? (Transocean) and the ?Company? (BP): 24...

Court lifts stay on Yucca Mountain case

Posted on December 11, 2010
Annette Cary, writing in the News Tribune reports that, in my paraphrase, the US Court of Appeals for the DC Circuit has lost patience with the NRC commissioners playing politics with the Yucca Mountain issue.

Attorney General's Opinion on Exempt Wells

Posted on September 24, 2009
The Attorney General's opinion concerning exempt wells is now online

David Lester, writing in the Yakima

Posted on September 23, 2009
David Lester, writing in the Yakima Herald-Republic reports on the Attorney General's opinion on Ecology's authority to restrict new exempt wells. YAKIMA, Wash. -- The Washington Department of Ecology has legal authority to forbid new water wells, including the small, individual wells being tapped for new homes in Kittitas County, concludes an opinion from the state Office of the Attorney General...

The Sustainable Watershed Planning Act

Posted on August 25, 2009
Prof. Campana, the Aquadoc at WaterWired, reports on a bill being worked up in the US House of Representatives that aims "To provide for the sustainable use of the Nation's water resources through the coordinated planning of water resources and water infrastructure, and for other purposes...

Report of Meeting on Emergency Well Closure Rule in Upper Kittitas County

Posted on August 15, 2009
Dave Lester, writing in the YAKIMA HERALD-REPUBLIC, reports on a meeting held August 13th before the county commissioners. Ecology Director Manning attended and spoke. Apparently, the Attorney General will be rendering an opinion in September on the matter.

Deal On Hanford Cleanup Reached to Settle State Lawsuit

Posted on August 12, 2009
Annette Cary writing in the News Tribune reports that a potential settlement has been reached in the 2008 lawsuit brought by the state to speed up the remediation of the underground storage tanks. Public comments will be taken before a consent decree in entered.

Tribes Not Liable Under CERCLA

Posted on August 10, 2009
On June 17, 2009,the US District Court for the Eastern District of Washington ruled that tribes are not "persons" under CERCLA, 42 U.S.C. Section 9601(21). The Court therefore granted the Tribe's Rule 12(b)(6) motion against Teck Cominco's counterclaims in Pakootas v...

Ecology Clarifies Its Emergency Closure Rule in Upper Kittitas County

Posted on August 09, 2009
Ecology: "The Department of Ecology (Ecology) has clarified its current groundwater closure in upper Kittitas County with the filing of an amended emergency groundwater rule. "The amended rule makes it clear that people with vested building permit applications or issued building permits in the upper county as of July 16, 2009, are not subject to the groundwater closure and may use permit-exempt wells...

Point Wells: Asphalt Plant to Urban Center?

Posted on July 28, 2009
Residential neighbors in Snohomish County and northern King County are concerned. Lynn Thompson, writing in the Seattle Times, describes the project and the concerns.

New Negotiations Set to Commence in Upper Kittitas County Exempt Well Controversy

Posted on July 26, 2009
On Friday, July 24, the Department of Ecology announced it will be renewing talks with Kittitas County concerning its recently announced emergency rule. . Quoting Ecology: At the request of Gov. Chris Gregoire, Washington Ecology Director Jay Manning met with Kittitas County Commission Chair Alan Crankovich and, as a result, negotiations regarding an alternative groundwater management rule will recommence as early as next week...

Exempt Wells for Stock Watering

Posted on July 25, 2009
Updating a previous entry on the Center for Environmental Law and Policy's (CELP) opposition to Easterday Ranches' proposed use of exempt groundwater for a new feedlot in Franklin County: On Jan. 8, 2009, Ecology denied CELP's petition for a declaratory order based on Easterday's right to decline to be a party to the proceeding...

Oregon State Senator Considers Selling Columbia Water to California

Posted on July 23, 2009
The East Oregonian reports that state Senator David Nelson made the suggestion while addressing the Rotary Club in Pendleton. Quoting the paper: Nelson said he tends to look at Oregon's natural resources in trying to figure out how to pay for state programs...

Teck America, Inc. Enters Voluntary Cleanup Agreement For Black Sand Beach, Upper Columbia

Posted on July 20, 2009
"The Washington Department of Ecology (Ecology) and Teck American Inc. (Teck) in Spokane this week signed a detailed voluntary agreement to remove slag from a beach area on the Upper Columbia River known as Black Sand Beach. The slag, which has the appearance of black sand, is an industrial byproduct from a metals smelting facility operated by Teck Metals Ltd...

Upper Kittitas County Closed to New Groundwater Withdrawals

Posted on July 17, 2009
From Ecology Emergency rule closes new groundwater withdrawals in upper Kittitas County YAKIMA ? The Washington Department of Ecology (Ecology) will file an emergency rule that closes upper Kittitas County to all new groundwater withdrawals, the agency announced Thursday, July 16...

CELP Opposes Exempt Well Water for Feedlot in Franklin County

Posted on December 28, 2008
The Center for Environmental Law and Policy (CELP) recently filed a Petition for Declaratory Order, seeking to have the Department of Ecology find that the stock-watering exemption of RCW 90.44.050 does not apply to feedlot operations. The petition takes direct aim at a 2005 Attorney General opinion to the contrary...

Private Dams Without Permits

Posted on December 24, 2008
Shannon Dininny reports on a surprising number of private, nonpermitted dams in the state.

The Tri-City Herald Opines on the Hanford Lawsuit

Posted on November 30, 2008
The Herald, the go-to source for coverage of doings at Hanford, thinks the recently filed lawsuit is "premature". Here is the State's 11/25/08 press release on the suit.

State Sues Feds Over Hanford Delays

Posted on November 26, 2008
The Tri-City Herald reports: "The state of Washington will file a lawsuit Wednesday in U.S. District Court in an attempt to force the Department of Energy to meet new deadlines to empty radioactive waste from underground tanks and treat it."

Army Corps Changes Its Mind

Posted on October 27, 2008
Michael Milstein reports on the Army Corps' withdrawal of a permit for a commercial dock on the Columbia River after the Port of Arlington, Oregon, completes 70% of the the structure, because the site is a usual and accustomed fishing station of the Umatillas...

Lawsuit Filed to Block Gravel Mine on Maury Island

Posted on September 11, 2008
The Seattle Times reports that a lawsuit has been filed in federal court to stop Glacier Northwest's mine on Maury Island in Puget Sound. Plaintiffs are People for Puget Sound, the Washington Environmental Council and Preserve Our Islands.

Hearing on Legacy Lots in Woods View Development, Kitsap County

Posted on August 23, 2008
This coming Monday, 8/25/08, at their regular which begins at 7 pm, the Kitsap County Commissioners will hear an appeal of the Hearing Examiner's decision. Christopher Dunagan reports on the issues in the Kitsap Sun.The meeting agenda is here (see page 6).

Hanford: Nuclear Regulatory Commission gives tepid approval to DOE work on the vitrification plant

Posted on August 13, 2008
The indefatigable Annette Cary, writing in the Tri-City Herald, reports on the NRC's review of DOE's progress in getting the vit plant up and running. I hope Ms. Cary plans on writing a book about Hanford -- someday.

Growth Management Act and the Shoreline Management Act: An Important Land Use Decision From The State Supreme Court

Posted on July 31, 2008
In a 5 to 4 decision issued today, the Washington Supreme Court held that critical shoreline areas in the state are now to be regulated under the rules and procedures of the Shoreline Management Act, not the Growth Management Act. The dissent argues that this is only to happen when the Department of Ecology approves new shoreline master plans...

Related Law Bulletins

Case Law Development: Allegations of Wife's Attempted Murder of Husband Do Not State a Claim for Terminating His Maintenance Obligation
The Missouri Supreme Court affirms the dismissal of an ex-husband'...

When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
The New Jersey Supreme Court recently decided a case in which a p...

French Court Finds Favorable Lease To Mosque Violates Church-State Limits
In France, the Marseille administrative court on Tuesday ordered r...

Case Law Development: Constitutional Challenge to Paternity Laws Dismissed For Failure to State Claim
A three-judge panel of the 6th U.S. Circuit Court of Appeals uphel...