Legal Opinion · Dissent
Asarco, Inc. v. Department of Ecology
Washington Supreme Court
Decided March 21, 2002No. 69406-1Published
1DissentSanders, J.
(dissenting) —
l[T]he presumption against retroactive legislation is deeply rooted in our jurisprudence, and embodies a legal doctrine centuries older than our Republic.[12]
Substantively this appeal challenges the Washington Model Toxics Control Act (MTCA), chapter 70.105D RCW, as applied against Asarco. The trial court concluded the case was ripe for adjudication and the constitutional issues were appropriate for resolution. It held application of the MTCA to Asarco violated the Fifth and Fourteenth Amendments guaranties by taking Asarco’s property without just compensation and, additionally,…
2Cases cited52 opinions
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Zinermon v. BurchSupreme Court of the United States · 1990
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
47 more not listed; retrieve them via the Exa API.