The Model Toxics Control Act (MTCA) allows a private party to recover remedial costs. Recently, the Washington Supreme Court held that investigative costs may be recovered even if regulatory cleanup levels are not exceeded. Douglass v. Shamrock Paving, Inc., 189 Wn.2d 733, 406 P.3d 1155 (2017). Douglass v. Shamrock Paving Shamrock Paving, Inc. spilled some […]
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Michael Gillett
Court of appeals discusses elements of safe workplace general duty violation
An employer has a general duty to provide its employees with a safe workplace. Therefore, it must protect them from recognized hazards not covered by specific safety regulations. RCW 49.17.060(1). This general duty is codified in the Department of Labor and Industries regulations as follows: [An employer] must furnish to each employee a place of […]
Michael Gillett
Property owner is not necessarily liable for wrongful interference
A party subject to an easement may continue to use its property in a reasonable manner. It may not, however, interfere with the easement holder’s use of the easement. Such interference may subject the party to liability for damages resulting from the wrongful interference.
Michael Gillett
Residential timber trespass in Washington – liability
Washington’s timber trespass statute provides: Whenever any person shall cut down, girdle, or otherwise injure, or carry off any tree, including a Christmas tree as defined in RCW 76.48.020, timber, or shrub on the land of another person, or on the street or highway in front of any person’s house, city or town lot.
Michael Gillett
Washington Supreme Court limits employers’ ability to challenge unemployment tax assessments
Employers may not bring federal civil rights claims to challenge unemployment tax assessments, says the Washington Supreme Court. Washington Trucking Associations v. Employment Security Dep’t, 188 Wn.2d 198, 393 P.3d 761 (2017). Likewise, employers may not challenge assessments with state tort claims .
Michael Gillett
Port of Vancouver crude-by-rail oil terminal lease complies with SEPA
A closely divided Washington Supreme Court decided that the Port of Vancouver USA crude-by-rail oil terminal lease complies with the State Environmental Policy Act (SEPA). In doing so, the Court brushed aside concerns that completion of an environmental impact statement (EIS) is years away.
Michael Gillett
Protect coastal resources, says Washington Supreme Court
Protect coastal resources when reviewing proposed oil train terminals, says the Washington Supreme Court. In February 2017, the Court issued a decision to protect coastal resources, erecting new barriers to such terminals. Quinault Indian Nation v. Imperium Terminal Services, LLC, 187 Wn.2d 460, 387 P.3d 670 (2017). Crude-by-rail terminals transfer crude from oil trains to marine vessels.
