Legal Opinion
Asarco, Inc. v. Department of Ecology
Washington Supreme Court
Decided March 21, 2002No. 69406-1PublishedCited by 17 opinions
1Opinion of the CourtChambers, J.
We must determine whether a preemptive challenge to a possible Washington State Department of Ecology enforcement action under the Model Toxics Control Act is justiciable. We conclude it is not.
FACTUAL BACKGROUND
In 1894, the Puget Sound Reduction Company of West Virginia began operating a smelter on a 44 acre site in Everett, Washington. Arsenic and lead were smelted there for sale. In 1903, a corporation that eventually became the modern day Asarco purchased the smelter and continued the business. By 1912, smelting and arsenic recovery was *754ended, and by 1937, all of the 44 acre smelter…
2Cases cited18 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Eastern Enterprises v. ApfelSupreme Court of the United States · 1998
- Connolly v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1986
- MacDonald, Sommer & Frates v. Yolo CountySupreme Court of the United States · 1986
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lyft, Inc. v. City of SeattleWashington Supreme Court · 2018
- Asarco Inc. v. Department of EcologyWashington Supreme Court · 2002
- Verizon West Virginia, Inc. v. West Virginia Bureau of Employment Programs, Workers' Compensation DivisionWest Virginia Supreme Court · 2003
- Amunrud v. Board of AppealsWashington Supreme Court · 2006
- Segaline v. Department of Labor & IndustriesCourt of Appeals of Washington · 2008
12 more not listed; retrieve them via the Exa API.