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CITY OF SEATTLE v. WSDOT

No. 26089-1-II.

26 P.3d 1000 (2001)

107 Wash.App. 236

The CITY OF SEATTLE (Seattle City Light), a municipal corporation; City of Tacoma (Department of Public Utilities Light Division), a municipal corporation; Lewis County P.U.D.; Chelan County P.U.D. No. 1, a municipal corporation; Peninsula Light Co., a mutual corporation; Grays Harbor P.U.D.; and City of Centralia (Centralia City Light), a municipal corporation, Respondents, v. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, Appellant.

Court of Appeals of Washington, Division 2.

July 13, 2001.

Attorney(s) appearing for the Case

Deborah L. Cade, Attorney General's Office, Olympia, for Appellant.

Quentin R. Yerxa, Joel Cartwright Merkel, Seattle, Theodore Richard Rogowski, Olympia, Craig A. Nelson, City Attorney's Office, University Pl, Dennis R Colwell, Ingram Zelasko & Goodwin, Aberdeen, Shannon M. Murphy, City of Centralia, Centralia, Erik K Wahlquist, Davis Arneil Law Firm, Wenatchee, for Respondents.

MORGAN, P.J.

This is the second appeal in this case.1 The present issue is whether the Model Toxics Control Act (hereafter the Act) required the trial court to award reasonable attorney fees to the appellant. We hold that it did.

Codified as RCW 70.105D, the Act establishes liability for the costs of cleaning up a hazardous waste site, technically called a "facility."2 It provides, subject to exceptions...

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