EPA has proposed to designate two polyfluoroalkyl substances (PFAS) as hazardous substances under CERCLA, also known as the Superfund law.
September 16, 2022
EPA, Army Corps Release Proposed Rule Redefining “Waters of the United States” Under the Clean Water Act
December 21, 2021
On December 7, 2021, the Environmental Protection Agency (EPA) and the Department of the Army, Corps of Engineers (Army Corps), published a Proposed Rule to define the scope of waters covered by the Clean Water Act.
U.S. Army Corps of Engineers Halts Some Permit Applications
November 19, 2021
The U.S. Army Corps of Engineers (“Corps”) recently notified some permit applicants that it is placing their applications on hold due to a federal court decision invalidating a Trump-era water quality rule.
Shoreline Development: Look at the Big Picture – and Plan Ahead
May 15, 2020
In this post, the proposed project is a mixed use development in Washington that includes access to a waterfront area. How does the project’s waterfront location impact your planning?
Aquatic Land Leases in Washington
March 18, 2020
While there is authority in law and regulation for transfer of an aquatic lands lease to a new owner who intends to continue engaging in non-water dependent use of the leased land, the specific terms of the existing lease may add requirements such as state approval of the transfer.
Archaeological Artifacts: Considerations for Site Development
March 4, 2020
There are a host of environmental considerations – and related permitting requirements – developers should take into account when undertaking a project.
Washington Supreme Court: Individual Legislators Subject To Public Records Law
December 23, 2019
Under the Public Records Act, individual legislators are “agencies” for the purposes of public records disclosure requirements, but institutional legislative bodies (e.g., senate, house) are not.
Building a Case for Damages Claims under RCW 64.40.020
November 1, 2019
With the Washington State Supreme Court’s recent decision in Church of the Divine Earth v. Tacoma, permit applicants challenging a jurisdiction’s decision may have a new approach to arguing a damages claim under RCW 64.40.020(1). In that case, the Supreme…
Washington Supreme Court Clarifies Standard of Review for Damages Claims under RCW 64.40.020
October 7, 2019
The permitting process can often be a long, tedious, and sometimes unsuccessful journey. Whether it is continuing disagreement over the interpretation and application of code provisions, delay in the public process, or lengthy negotiation and discussion in the political spheres—the…
Provisions to Address PFAS Contamination Included in FY20 NDAA
August 14, 2019
The federal government’s latest attempt at addressing public health concerns over per- and polyfluoroalkyl substances (PFAS) has taken the form of a Senate amendment to the Fiscal Year 2020 (FY20) National Defense Authorization Act (NDAA).
