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Next Frontiers in Climate Litigation: Adaptation and Ocean Acidification

Recent legal developments in climate litigation and regulation suggest that the legal landscape related to climate change is continuing to evolve, with adaptation to climate change and …

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Pot, Power & Pollution: The Overlooked Impacts of Marijuana Legalization on Utilities and the Environment

Last month, Washington issued its first license for a legal marijuana grow operation under Initiative 502 (“I-502”), the marijuana legalization measure adopted by Washington voters in November …

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Washington Supreme Court Limits Recreational Immunity Statute

In a decision of great importance to major Washington landowners, including local governments, major private landowners such as forest products companies, and operators of water projects, the …

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Okanagan Odyssey Goes On: Washington Supreme Court to Review Case Involving Condemnation of State Lands for Transmission Right of Way

The long litigation road walked by Okanogan County PUD to build a short transmission line has just gotten a bit longer. On November 7, the Washington Supreme …

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Updated EPA Standard for Phase I Environmental Assessments On the Way

The U.S. Environmental Protection Agency (“EPA”) is proposing that prospective purchasers of real property may use a revised standard (ASTM E1527-13) for determining whether to conduct Phase …

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Feds Propose Simplified Transmission Siting Process

The U.S. Department of Energy recently requested comment on a proposed “Integrated Inter-Agency Preapplication Process” for electric transmission projects that may simplify the notoriously difficult transmission siting …

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A Fair Wind Blows: Washington Supreme Court Rejects Challenge to Whistling Ridge Wind Project

Yesterday the Washington Supreme Court rejected a challenge to former Governor Christine Gregiore’s approval of a 35-MW wind farm in Skamania County proposed by Whistling Ridge Energy, …

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Washington Supreme Court: Water Pollution Control Act Covers Non-Point Pollution, Takings Claim Rejected

The Washington Supreme Court today issued an opinion reading the state’s Water Pollution Control Act (“WPCA”) broadly to cover non-point sources and concluding that the Washington Department …

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