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.
November 19, 2021
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?
Private Development Projects on Federal Land May Trigger National Environmental Policy Act Requirements
May 6, 2020
In several recent posts (linked below), I’ve been discussing environmental considerations in property development. For this post, consider a scenario where part of your proposed development is on land owned by a federal agency such as the National Park Service…
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.
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).
Land Use and Property 101: Restrictive Covenants
August 1, 2019
In the context of property and land use, a restrictive covenant is a promise of the respective landowner to not do something on the property.
Division III Clarifies Interpretation of Restrictive Covenants in Subdivisions
July 26, 2019
In Coyne et al. v. Grigg Family et al., lot owners within a subdivision in Richland, Washington, sued other lot owners, including the City of West Richland, for violations of restrictive covenants applicable to the subdivision. Specifically, the lot owners challenged the commercial uses of lots within the subdivision.
