2017 State Court Cases
Last updated: February 17, 2017
Next update should be ready by: March 1, 2017
Recently Added Cases: RESEARCH WAS PERFORMED THROUGH FEB. 17, 2017.
Quinault Indian Nation v. Imperium Terminal Services, LLC
387 P.3d 670
Supreme Court of Washington.
*Synopsis: Owners of terminals for storing petroleum products applied for substantial shoreline development permit (SSDP) based on plans to expand their operations. After the Department of Ecology (DOE) and the city issued mitigated determinations of nonsignificance (MDNS) and permits, a Native American tribe and citizens groups appealed. The Shoreline Hearings Board granted motions for partial summary judgment filed by tribe, citizens group, and owners. Tribe and citizens group appealed to the Court of Appeals, which accepted direct review. The Court of Appeals, Johanson, C.J., 190 Wash.App. 696, 360 P.3d 949, affirmed Board's grant of summary judgment. Tribe and citizens group sought review by Supreme Court, which was granted.
*Holdings: As matters of first impression, the Supreme Court, Owens, J., held that:
1) owners' proposed expansion projects, which would facilitate the storage of additional fuel products that would arrive by train or truck and depart by ocean-bound ship, triggered review of owners' permit applications under Ocean Resources Management Act's (ORMA) statutory framework;
2)owners' proposed expansion projects qualified as "ocean uses" as defined in DOE's regulation implementing ORMA;
3) owners' proposed expansion projects qualified as "transportation" as defined in DOE's regulation implementing ORMA; and
4) owners' proposed expansion projects qualified as "coastal uses" as defined in DOE's regulation implementing ORMA.
Reversed and remanded.
S.S. v. Stephanie H.
2017 WL 117117
No. 1 CA–JV 16–0163
Court of Appeals of Arizona,
Legal Topics: Indian Child Welfare Act - Private Severance
In the Matter of L. M. G. M.
283 Or.App. 353
Court of Appeals of Oregon.
Legal Topics: Indian Child Welfare Act - Termination of Parental Rights
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