Court Filings

The Washington Supreme Court reviewed whether the six-year construction statute of repose (RCW 4.16.300-.310) bars estate claims by the executor of Lee Hetterly, who developed fatal mesothelioma decades after working at ARCO’s Cherry Point refinery. The court held that claims arising from Brand Insulations’ construction work installing asbestos-containing insulation during refinery construction are time-barred by the statute of repose, but claims premised on Brand’s role as a product seller or negligent supplier are not barred. The court affirmed in part, reversed in part, and remanded for further proceedings consistent with that division of claims.

The Court of Appeals reviewed a challenge to the Department of Natural Resources’ (DNR) determination of nonsignificance for the Wishbone Timber Sale, a proposed harvest of about 100 acres within a larger sustainable harvest plan. The court held the DNS was not clearly erroneous and struck the lower court’s order requiring a site-specific climate impact assessment. However, it held DNR must perform an alternatives analysis under RCW 43.21C.030(2)(e) because the sale presents an actual choice of uses for the trees at the sale site. The case is partially reversed, partially affirmed, and remanded for that limited compliance.