Legal

From time-to-time WASWD gets involved in legal cases of widespread significance to water and sewer districts. Supporting districts in the legal arena can be in the form of filing an amicus brief, appealing a regulatory ruling, or providing funding to cases broadly affecting districts. Recent cases included:
 
  • City of Tacoma, Birch Bay Water and Sewer District, Kitsap County, Southwest Suburban Sewer District and Alderwood Water & Wastewater District v. State of Washington, Department of Ecology 
    WASWD filed with the Supreme Court, and was accepted, to join the King County amicus brief in support of wastewater utilities against the Department of Ecology related to Ecology setting nutrient loading limits for all Puget Sound dischargers based on a commitment in a denial letter from Ecology issued to Northwest Environmental Advocates (NWEA) who requested Ecology set nutrient loading limits at current levels through the individual permitting process for all permitted dischargers in Puget Sound.
  • Westwater Construction Company v. Department of Labor & Industries (2021) - WASWD filed a motion to intervene on the administrative appeal of a Notice of Violation regarding prevailing wages on a watermain public works project involving ductile iron pipe.
  • WASWD v. Department of Ecology (2019) - WASWD appealed the Department of Ecology Phase I and Phase II Municipal Stormwater General Permits issued July 2019 leading to a settlement in which WASWD and the Department of Ecology worked on refining conditions for permitting deep Underground Injection Control wells for managing stormwater.
  • Crown West Realty v. Department of Ecology (2018) - WASWD and 12 contributing members joined Washington Public Utility District Association in filing an Amicus Brief on this water rights case.
More information about current cases and their status is available on the member portal.