ASARCO, INCORPORATED v. THE DEPARTMENT OF ECOLOGY, 69406-1.
| Decision Date | 02 July 2002 |
| Docket Number | No. 69406-1.,69406-1. |
| Citation | 49 P.3d 128 |
| Court | Washington Supreme Court |
| Parties | ASARCO, INCORPORATED, Respondent, v. THE DEPARTMENT OF ECOLOGY, et al., Appellants. |
It is hereby ordered that the opinion in the above cause, as the same appears at 145 Wash.2d 750, 43 P.3d 471, be changed as follows:
The paragraph beginning with the words "We conclude" in the fourth line from the top of page 763 [] and ending with the word "proceeding." in the seventh line from the top of page 763 [] is deleted, and the following paragraph is inserted in its place:
We conclude this case is not justiciable; therefore, we vacate the trial court's order below and remand this case to the trial court for further proceedings consistent with the Court's opinion and without prejudice to either party to raise the same issues in any appropriate further proceeding.
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§ 21.3 Prerequisites to Obtaining Judicial Review
...the agency had actually applied the rule in an enforcement action. Asarco, Inc. v. Dep't of Ecology, 145 Wn.2d 750, 760-62, 43 P.3d 471, 49 P.3d 128 (2002). Similarly, the court required a developer to receive a final decision on the application of a particular land use regulation before ch......
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Table of Cases
...Inc. v. Air Qual. Coal., 92 Wn.2d 685, 601 P.2d 501 (1979): 1.4(1) Asarco Inc. v. Dep't of Ecology, 145 Wn.2d 750, 43 P.3d 471, amended by 49 P.3d 128 (2002): 17.3(1) Asche v. Bloomquist, 132 Wn. App. 784, 133 P.3d 475 (2006), review denied, 159 Wn.2d 1005 (2007): 17.3(1), 19.2(2)(e), 19.3(......
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§ 17.3 - Claims Under 42 U.S.C. §1983
...Corp. v. City of Kent, 155 Wn.2d 225, 251, 119 P.3d 325 (2005); Asarco Inc. v. Dep't of Ecology, 145 Wn.2d 750, 43 P.3d 471, amended by 49 P.3d 128 (2002) (preemptive "as applied" challenge to Model Toxics Control Act not ripe until final order issued). Exhaustion of remedies, however, is n......
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Table of Cases
...A.S., In re Detention of, 138 Wn.2d 898, 982 P.2d 1156 (1999): 18.2(5) Asarco, Inc. v. Dep't of Ecology, 145 Wn.2d 750, 43 P.3d 471, 49 P.3d 128 (2002): 21.3(3) Asche v. Bloomquist, 132 Wn. App. 784, 133 P.3d 475 (2006), review denied, 159 Wn.2d 1005 (2007): 21.3(1)(b), 21.4(4), 21.4(5), 21......