beyond the legal opinion
December 14, 2018
The Washington Supreme Court confirmed the jurisdictional scope of the Washington Department of Fish and Wildlife (WDFW) over hydraulic projects, as authorized under the Hydraulic Project Act (HPA). So long as a statutorily defined hydraulic project “use[s], divert[s], obstruct[s], or…
December 7, 2018
The most important and often the most litigated issue under LUPA involves standing. With respect to standing, LUPA requires that the appellant satisfy four criteria.
November 30, 2018
In a long-running, potentially monumental case regarding the scope of the Endangered Species Act (“ESA”), agency discretion and authority, and property rights, the U.S. Supreme Court unanimously reversed the Fifth Circuit’s decision regarding the dusky gopher frog critical habitat designation.
October 31, 2018
Washington Supreme Court affirms that application fees, required as part of any standard land use or building permit application, are subject to the Land Use Petition Act’s (“LUPA”) judicial review process and the 21-day deadline for appeal.
April 19, 2018
Jordan Ramis staff, friends, and colleagues spend a day helping to rebuild a house.
October 12, 2016
In a decision filed October 6, 2016 (no. 91475-3), the Washington Supreme Court held that local governments planning under the GMA cannot rely on Department of Ecology standards regarding exempted wells, but instead must require applicants for single family residences…
August 31, 2016
When the Growth Management Hearings Board (“GMHB”) rejected a challenge brought against City of West Richland, the challenger, Citizens for Smart Growth, appealed. The Court of Appeals affirmed in an unpublished opinion, holding that in the context of comprehensive plan…
March 4, 2016
On February 19, 2016, the Oregon Supreme Court clarified which of two statutes of ultimate repose apply when a home is built on spec (i.e., “a house built without preexisting construction contracts in anticipation of eventual sale to the public”).…
February 26, 2016 by Brent Carpenter
There are often two options in a contract or subcontract for an owner to terminate a general contractor or for a general contractor to terminate a subcontractor: termination for default or termination for convenience. The former is appropriate when the…
February 23, 2016
It has been some time since we have had reason to comment on the status of the numerous state challenges to the Environmental Protection Agency’s and the U.S. Army Corps of Engineers’ controversial rule that newly defined the terms “Waters…
