U.S. v. HOFFMAN

No. 76629-1.

116 P.3d 999 (2005)

Certification from the United States District Court for the Eastern District of Washington in UNITED STATES of America, Plaintiff, and Flour Hanford, Inc., and Tri-City Industrial Development Council, Intervenor Plaintiffs, v. Linda HOFFMAN, in her official capacity as Director of the Washington Department of Ecology, the Washington Department of Ecology, and the State of Washington, Defendants, and Yes On I-297: Protect Washington, et al., Intervenor Defendants.

Supreme Court of Washington, En Banc.

Decided July 28, 2005.


Attorney(s) appearing for the Case

Cynthia J. Morris, Kenneth C. Amaditz, David Kaplan, U.S. Department of Justice, Environmental Defense Section, Washington, D.C., James R. Spaanstra, Jessica F. Toll, Lynn M. Kornfeld, Faegre & Benson, Denver, CO, Stephen Alan Smith, Matthew J. Segal, Preston Gates & Ellis, LLP, Michael James Zevenbergen, c/o Noaa/Damage Assessment, Seattle, Stephen B. Cherry, Richland, William Herbert Beatty, U.S. Attorney's Office, Spokane, for Plaintiff.

Joseph Earl Shorin, Elliott S. Furst, Laura J. Watson, Andrew Arthur Fitz, Attorney General's Office/Ecology Division, Olympia, Michael J. Robinson-Dorn, UW School of Law, Seattle, for Defendant.

Kristopher Ian Tefft, Association of Washington Business, Olympia, for Amicus Curiae Association of Washington Business, Members of Wash. State Legislature, Tri-City Area Chamber of Commerce.


OWENS, J.

¶ 1 This case involves five questions of law related to Washington Initiative Measure No. 297 (I-297),1 now known as the Cleanup Priority Act (CPA), chapter 70.105E RCW. These questions were certified to this court by the United States District Court for the Eastern District of Washington.

FACTS

¶ 2 The CPA was passed as I-297 in the November 2004 election and became part of a complex state and federal...

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