BIAW battles for our members in the courts

BIAW battles for our members in the courts

by Jackson Maynard General Counsel

BIAW fights for you at all levels of government and in the courts. At times, it can be hard to keep up with it all. Here’s the latest:

Hydraulic Project Approval (HPA) permit fine increases

BIAW sued the governor and the Washington Department of Fish and Wildlife (WDFW) regarding a new law increasing the fine for violations of a common type of permit for construction near the waterways of the state from $100 per violation to $10,000. The governor vetoed a subsection of the bill, which is not permitted under the Washington State Constitution. The case is currently on appeal to the Washington State Supreme Court. BIAW has also filed a separate lawsuit challenging the rule that WDFW filed authorizing the increased fine so that if the direct suit is unsuccessful, there will be another way to attack the fine increase.

COVID-19 emergency rules

BIAW also sued the Department of Labor & Industries (L&I) over whether it had the authority to enforce the governor’s executive order on COVID-19. L&I issued multiple emergency rules claiming the authority to fine businesses $10,000 for violating the governor’s order, despite the fact that the statute says such violations are punishable as misdemeanors - not by agency enforcement. The case has been stayed until November to evaluate the status of regulations and the pandemic.

Improper State Building Code Council (SBCC) appointments

BIAW joined with the Associated General Contractors (AGC) in suing the governor and the state building code council, challenging the governor’s appointment of two general construction positions on the SBCC. We argue the governor

failed to follow the law requiring him to select the two appointees from a list of three names provided by recognized professional trade associations representing residential construction and commercial construction respectively. The case is likely to be set for a trial in December or January.

Campaign disclosure

BIAW joined Enterprise Washington, the Farm Bureau and other organizations in filing a friend of the court (amicus curiae) brief on a lawsuit involving the largest fine for a campaign disclosure violation in U.S. history. The Attorney General authorized an $18 million fine against a group of businesses who opposed an initiative and failed to timely disclose their list of donors. BIAW and others argued a fine of that size for this type of offense chills free speech and violates the state and federal excessive fine provisions. The Washington Supreme Court heard oral arguments on Sept. 28, 2021. Now we wait on a decision.

BIAW will continue to fight for our members on these and any other issues as is necessary. If you have any questions, please contact BIAW General Counsel Jackson Maynard at (360) 352-7800 ext. 108 or at jacksonm@biaw.com.