POPE RESOURCES v. WASHINGTON STATE DNR

No. 94084-3.

418 P.3d 90 (2018)

POPE RESOURCES, LP, a Delaware limited partnership; OPG Properties, LLC, a Washington limited liability company, Respondents, v. The WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES, a Washington State agency, Petitioner.

Supreme Court of Washington.

Filed May 24, 2018.


Attorney(s) appearing for the Case

Edward David Callow , Washington Office of Attorney General, 1125 Washington Street Se, Ms 40100, Olympia, WA, 98504-0100, for Petitioner.

Nick Steven Verwolf , Attorney at Law, 14005 Ne 32nd Pl, Bellevue, WA, 98007-3205, David Joseph Ubaldi , Robert Edward Miller , Davis Wright Tremaine LLP, 777 108th Ave Ne Ste 2300, Bellevue, WA, 98004-5149, for Respondent.

Andrew Arthur Fitz , Ofc of the Aty General/Ecology Division, Po Box 40117, Ecology Division A.g. Office, Attorney at Law, 2425 Bristol Court Sw Second Fl., P O Box 40117, Olympia, WA, 98504-0117, as Amicus Curiae on behalf of Department of Ecology State of Washington.

Kenneth Lederman , Foster Pepper PLLC, 1111 3rd Ave Ste 3000, Seattle, WA, 98101-3292, as Amicus Curiae on behalf of Washington Environmental Council.

Laura Beth Wishik Seattle City Attorneys Office 701 5th Ave Ste 2050 Columbia Ctr Seattle, WA, 98104-7095.

Adam Rosenberg , Williams Kastner & Gibbs PLLC, 601 Union St Ste 4100, Seattle, WA, 98101-1368, as Amicus Curiae on behalf of Washington Association of Municipal Attorneys.

Amy Beth Kraham , City of Bellingham, 210 Lottie St, Bellingham, WA, 98225-4089, as Amicus Curiae on behalf of City of Bellingham.

Christopher D. Bacha , Tacoma City Attorney's Office, 747 Market St, Tacoma, WA, 98402-3701, as Amicus Curiae on behalf of City of Tacoma.

David Alan Bricklin , Bricklin & Newman, LLP, 1424 4th Ave Ste 500, Seattle, WA, 98101-2258, as Amicus Curiae on behalf of David Bricklin.

Michael L Dunning , Perkins Coie LLP, 1201 3rd Ave Ste 4900, Seattle, WA, 98101-3099, as Amicus Curiae on behalf of Sierra Pacific Industries.

Earle David Lees III , Attorney at Law, 80 N Tribal Center Rd, Skokomish Nation, WA, 98584-9748, as Amicus Curiae on behalf of Skokomish Indian Tribe.

Jason T Morgan , Attorney at Law, Sara Anne Leverette , Stoel Rives LLP, 600 University St Ste 3600 Seattle, WA, 98101-4109, as Amicus Curiae on behalf of Georgia-Pacific, LLC.


¶ 1 In concluding that the Department of Natural Resources (DNR) is a potentially liable party under Washington's Model Toxics Control Act (MTCA), ch. 70.105 RCW, the Court of Appeals below rejected the prior interpretation of that statute in Unigard Insurance Co. v. Leven, 97 Wn.App. 417, 983 P.2d 1155<...

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