Washington Dep't of Ecology v. Asarco, Inc.
- Case Date: 3/11/2002
- Project Name: Environmental Law Project
On March 11, 2002, the Supreme Court of the State of Washington ruled that a preemptive challenge to the constitutionality of Washington's Model Toxics Control Act (MTCA) was not ripe for adjudication. WLF had filed a brief with the Supreme Court of the State of Washington urging it to uphold a landmark trial court ruling that struck down on constitutional grounds a cleanup remediation order against Asarco, Inc. WLF argued that the offsite remediation order is unconstitutional on the grounds that applying it to Asarco retroactively violated the Due Process and the Takings Clauses of the U.S. Constitution.
More Information and Downloads:
4/30/2001: Download the Brief
Litigation Update: Washington Supreme Court Dismisses Challenges To "Superfund" Law