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OKESON v. CITY OF SEATTLE

No. 77888-4.

150 P.3d 556 (2007)

Rud OKESON, Doris Burns, Walter L. Williams and Arthur T. Lane, individually and on behalf of the class of all persons similarly situated, Appellants, v. The CITY OF SEATTLE, Respondent.

Supreme Court of Washington, En Banc.

Decided January 18, 2007.

Attorney(s) appearing for the Case

David Florian Jurca, Richard S. White, Connie K. Haslam, Helsell Fetterman, LLP, Seattle, for Appellants.

William Howard Patton, Foster Pepper PLLC, Suzanne Lieberman Smith, Seattle City Attorney's Office, Seattle, for Respondent.

Michael J. Robinson-Dorn, Elizabeth Thomas, Kirkpatrick & Lockhart Preston Gates Ell, Seattle, Amicus Curiae on behalf of Climate Solutions, Global Warming Action, National Resources Defense Council, NW Energy Coalition, Washington Environmental Council.

Douglas James Shaeffer, Seattle, Amicus Curiae Fred Hutchinson Cancer Research Center.

Peter George Ramels, Donald C. Woodworth, King County Prosecutor's Office, Seattle, for Amicus Curiae King County.

ALEXANDER, C.J.

¶ 1 In this class action on behalf of Seattle City Light ratepayers, we are asked to decide whether a municipal utility may mitigate the effects of its greenhouse gas emissions by paying public and private entities to reduce those entities' emissions. We hold that combating global warming is a general government purpose, albeit a meritorious one, and not a proprietary utility purpose. Therefore, such mitigation expenses must be borne by general...

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