Justia Washington Supreme Court Opinion Summaries

Jim Walsh, a member of the Washington State House of Representatives, along with other appellants, submitted six initiatives to the legislature. Three of these initiatives were enacted, while the remaining three—repealing the Washington Climate Commitment Act, repealing the state’s capital gains tax, and making participation in the state’s long-term care insurance program optional—were set to appear on the November 2024 ballot. The appellants sought to prevent public investment impact disclosures from appearing on the ballot, arguing that these disclosures were not warranted.The Thurston County Superior Court denied the appellants' request for writs of mandamus and prohibition, dismissing their complaint. The court found that the capital gains tax was not impliedly repealed by another initiative and that the other two initiatives did indeed modify a "tax or fee," thus requiring public investment impact disclosures. The appellants then appealed directly to the Supreme Court of the State of Washington.The Supreme Court of the State of Washington affirmed the lower court's decision. The court held that the writs of prohibition and mandamus were not appropriate in this case. The attorney general and the secretary of state were acting within their jurisdiction and statutory obligations. The court also noted that the appellants had not demonstrated the absence of a plain, speedy, and adequate remedy in the ordinary course of legal proceedings. Therefore, the trial court's denial of relief and dismissal of the case were upheld. View "Walsh v. Hobbs" on Justia Law

King County Ordinance 19030 altered zoning and business licensing regulations for wineries, breweries, and distilleries (WBDs) in agricultural and rural areas. The ordinance aimed to support economic development but faced challenges regarding compliance with the Growth Management Act (GMA) and the State Environmental Policy Act (SEPA). The ordinance allowed for expanded WBD operations and introduced new licensing requirements, but it also raised concerns about environmental impacts and the preservation of agricultural land.The Central Puget Sound Growth Management Hearings Board found that the County failed to comply with SEPA and the GMA, invalidating parts of the ordinance. The Board's decision was appealed to the Court of Appeals, which reversed the Board's ruling. Friends of Sammamish Valley and Futurewise sought further review, arguing that the County did not adequately address environmental impacts and agricultural land preservation. The County contended that the ordinance was a "nonproject action" not requiring environmental review under SEPA and presumed valid under the GMA.The Supreme Court of Washington reviewed the case and reversed the Court of Appeals' decision, reinstating the Board's order. The Court held that the County's SEPA checklist was insufficient, failing to address the full range of probable environmental impacts. The Court emphasized that the GMA requires the conservation of agricultural land and that the ordinance's changes could significantly impact the environment. The Court concluded that the County must conduct a comprehensive environmental review to comply with SEPA and the GMA. View "King County v. Friends of Sammamish Valley" on Justia Law

The City of Sammamish passed an ordinance to condemn property rights in George Davis Creek, which runs through the petitioners' property, for stormwater management and fish passage protection. The city aimed to address storm drainage issues, improve traffic safety, provide flood protection, and remove barriers to fish passage. The petitioners argued that the city lacked authority to condemn their property for fish passage purposes, citing the salmon recovery act (SRA) and a previous case, Cowlitz County v. Martin.The Superior Court denied the city's motion for condemnation, agreeing with the petitioners that the city had no authority to condemn private property for fish passage purposes. The city appealed, and the Court of Appeals reversed the decision, holding that the city had statutory authority under RCW 8.12.030 to condemn property for stormwater management. The court distinguished this case from Cowlitz County, noting that the project in question had multiple purposes, including stormwater management, which is explicitly authorized by the statute.The Supreme Court of the State of Washington reviewed the case to determine the scope of the city's statutory condemnation authority. The court held that RCW 8.12.030 grants cities the authority to condemn property for stormwater management and other public uses. The inclusion of fish passage as one of the project's purposes did not divest the city of its authority to condemn property for stormwater management. The court affirmed the Court of Appeals' decision and remanded the case to the trial court for further proceedings. View "City of Sammamish v. Titcomb" on Justia Law

The Washington State Department of Ecology (Ecology) identified nitrogen pollution from wastewater treatment plants as a significant issue for Puget Sound. The Northwest Environmental Advocates (NWEA) petitioned Ecology to include nitrogen discharge limits in their regulations. Ecology denied the petition but committed to setting nutrient loading limits at current levels for all permitted dischargers in Puget Sound through the individual permitting process. Subsequently, Ecology issued permits with varying nitrogen discharge limits.The City of Tacoma and other municipalities operating wastewater treatment plants petitioned the Thurston County Superior Court for judicial review, arguing that Ecology's commitment constituted a "rule" under the Administrative Procedure Act (APA) and was adopted without following statutory rule-making procedures. The superior court agreed, holding that Ecology's commitment was a "rule" and invalidated it. The Court of Appeals affirmed this decision, finding that Ecology's actions amounted to a directive of general applicability, thus constituting a "rule" under the APA.The Supreme Court of Washington reviewed the case and concluded that Ecology's commitment in the denial letter was not a directive of general applicability. The court found that Ecology's actions allowed for staff discretion and case-by-case analysis, rather than imposing a uniform standard. Therefore, the commitment did not meet the definition of a "rule" under RCW 34.05.010(16). The Supreme Court reversed the Court of Appeals' decision and remanded the case to the superior court for any further necessary proceedings. View "City of Tacoma v. Dep't of Ecology" on Justia Law

The United States District Court certified a question of law to the Washington Supreme Court, asking whether a violation of Washington’s animal protection laws could establish a claim for a public nuisance, absent an indication that the legislature so intended and absent a showing that the violation interfered with the use and enjoyment of property or was injurious to public health and safety. The case was brought by the Animal Legal Defense Fund (ALDF) against the Olympic Game Farm Inc. (OGF). ALDF argued OGF violated Washington’s wildlife laws, animal cruelty laws, and both the Washington and federal Endangered Species Act of 1973, thus creating a public nuisance. OGF argued ALDF had no valid legal claim for public nuisance because ALDF did not demonstrate any wildlife statutes have been violated. Even if ALDF could prove such a violation, the Washington Supreme Court determined the state legislature has not named such violations a nuisance nor has ALDF demonstrated that a property interference or threat to public health and safety has occurred. Based on Washington case law and statutory definitions of public nuisance, and the lack of any indication in case law or statute that violation of animal protection laws has been declared a nuisance, the Supreme Court answered the federal court's certified question in the negative. View "Animal Legal Def. Fund v. Olympic Game Farm, Inc." on Justia Law

In 2018, the Washington Department of Ecology (Department) revised its Water Quality Program Permit Writer’s Manual to add a new section addressing methods permit writers could use to identify and measure polychlorinated biphenyls (PCBs) discharged into Washington waters. This specific revision was challenged on the grounds it constituted rule making outside the Washington Administrative Procedure Act (APA). The Washington Supreme Court determined the manual revision was not a rule for the purposes of the APA because it merely guided permit writers, who had discretion to choose test methods on a case-by-case basis, and did not require the uniform application of a standard to an entire class of entities who discharged PCBs. View "Nw. Pulp & Paper Ass'n. v. Dep't of Ecology" on Justia Law

The Wild Fish Conservancy (WFC) challenged the Washington Department of Fish and Wildlife's (WDFW) approval of a permit that allowed Cooke Aquaculture Pacific LLC to change fish species to commercially farm steelhead trout in Puget Sound. The WFC alleged: (1) WDFW’s conclusion that an environmental impact statement (EIS) was not required was clearly erroneous; and (2) WDFW violated the State Environmental Policy Act (SEPA) by failing to consider and disclose appropriate alternatives to the proposal under RCW 43.21C.030(2)(e). The WFC asked the Washington Supreme Court to reverse the permit approval and order WDFW to complete an EIS. The superior court found WDFW’s SEPA analysis was not clearly erroneous and the steelhead permit application did not trigger RCW 43.21C.030(2)(e). Finding no reversible error in that judgment, the Supreme Court affirmed. View "Wild Fish Conservancy v. Dep't of Fish & Wildlife" on Justia Law

There have been multiple cases that purported to (at least partially) adjudicate and reserve water rights of various parties throughout the Yakima River Drainage Basin (the Basin). The underlying litigation began in 1977 when the Washington State Department of Ecology filed a general water rights adjudication for all waters contained within the Basin. The Yakima County Superior Court divided the Basin into multiple distinct subbasins and issued conditional final orders (CFOs) for each subbasin at various points within the litigation. The superior court issued its final decree in May 2019, incorporating all of the prior CFOs as necessary. Multiple parties appealed the final decree, and, after briefing, the Court of Appeals certified the case to the Washington Supreme Court. The appeal could be categorized as three separate appeals, each seeking to modify the trial court's final decree (or the incorporations of the CFOs within). Although each distinct appeal was unrelated as to the disputed issues, some parties had an interest in more than one appeal. Further, all three appeals were tied together by variations on one common procedural gatekeeping issue: the appealability of CFOs and how that related to an appeal of the final decree. Overall, the Supreme Court reversed the superior court in part and affirmed in part. View "Dep't of Ecology v. Acquavella" on Justia Law

The Spokane River originates at the outlet of Coeur d’Alene Lake in Idaho and flows west for approximately 111 miles to the Columbia River in eastern Washington. Flows in the river have been declining due to increased groundwater use from the aquifer. The Washington Department of Ecology (Ecology) ceased issuing new groundwater rights from the aquifer in the 1990s. Avista Corporation operated five hydroelectric projects located on the Spokane River in northern Idaho and eastern Washington. The uppermost project on the river, the Post Falls development, consisted of three dams on three channels with natural islands connecting the structures. The development impounded nine miles of the Spokane River to the outlet of Coeur d’Alene Lake. The issue this case presented for the Washington Supreme Court's review centered on Ecology's authority to set minimum instream flows for the rivers and streams in Washington, and the parameters of that authority under RCW 90.22.010 and RCW 90.54.020(3)(a). At issue was whether Ecology properly adopted a rule, WAC 173-557-050, setting a summertime minimum instream flow rate for the Spokane River at 850 cfs (cubic feet per second) from June 16 to September 30. The Supreme Court upheld that rule, determining that the Agency's challengers failed to carry their burden to show the rule’s invalidity. The Court reversed the Court of Appeals’ decision, which reversed the trial court’s dismissal of the challengers’ suit. View "Ctr. for Envtl. Law & Policy v. Dep't of Ecology" on Justia Law

Granite Northwest sought to expand its mining operations in Yakima County, Washington. The Confederated Tribes and Bands of the Yakama Nation (Yakama) opposed the expansion, arguing it would disturb ancient burial grounds and a dedicated historical cemetery. Despite these objections, Yakima County issued a conditional use permit and a State Environmental Policy Act (SEPA), ch. 43.21C RCW, mitigated determination of nonsignificance to Granite Northwest. Yakama challenged both in superior court. The court later stayed the SEPA challenge while Yakama exhausted its administrative appeal of the conditional use permit as required by the Yakima county code. In Yakama’s administrative appeal, the hearing officer modified the conditional use permit to require a separate permit from the Washington State Department of Archaeology and Historic Preservation but affirmed Yakima County’s issuance of the permit. Yakama appealed the hearing examiner’s decision to the county board of commissioners. On April 10, 2018, at a public meeting where Yakama representatives were present, the board passed a resolution affirming the hearing officer’s decision and denying Yakama’s appeal. Three days later, a county planner sent an e-mail and letter to Yakama with the resolution attached. The letter noted the county code required written notification of the decision and stated that the administrative appeal had been exhausted. On May 2, 2018, 22 days after the resolution was adopted and 19 days after the county planner’s letter, Yakama filed a new petition in superior court. Yakima County and Granite Northwest (collectively, Granite NW) moved to dismiss the second petition as untimely under RCW 36.70C.040(4)(b) because the 21-day filing period began on the date the board of commissioners passed its resolution and Yakama’s petition was 1 day late. Granite NW also moved to dismiss the previously stayed petition, arguing the stay was conditional on Yakama timely filing its administrative appeal. Yakama responded that RCW 36.70C.040(4)(b) was inapplicable and instead RCW 36.70C.040(4)(a) governed the filing period, which began when the county planner transmitted the written resolution to Yakama. The superior court agreed with Yakama, finding Yakama’s land use petition was timely filed, and accordingly, did not dismiss Yakama’s earlier petition. The Court of Appeals reversed in an unpublished decision, concluding the later petition was not timely and did not address the previously stayed petition. After review, the Washington Supreme Court concluded Yakama's petition was timely filed. The Court of Appeals was reversed. View "Confederated Tribes & Bands of the Yakama Nation v. Yakima County" on Justia Law